Section 809.112 - Suspected Fraud(a) A parent, provider, or any other person in a position to commit fraud may be suspected of fraud if the person presents or causes to be presented to the Board or its child care contractor one or more of the following items: (1) A request for reimbursement in excess of the amount charged by the provider for the child care; or(2) A claim for child care services if evidence indicates that the person may have: (A) known, or should have known, that child care services were not provided as claimed;(B) known, or should have known, that information provided is false or fraudulent;(C) received child care services during a period in which the parent or child was not eligible for services;(D) known, or should have known, that child care subsidies were provided to a person not eligible to be a provider; or(E) otherwise indicated that the person knew or should have known that the actions were in violation of this chapter or state or federal statute or regulations relating to child care services.(b) The following parental actions may be grounds for suspected fraud and cause for Boards to conduct fraud fact-finding or the Commission to initiate a fraud investigation:(1) Not reporting or falsely reporting at initial eligibility or at eligibility redetermination: (A) household composition, or income sources or amounts that would have resulted in ineligibility or a higher parent share of cost; or(B) work, training, or education hours that would have resulted in ineligibility; or(2) Not reporting during the 12-month eligibility period inclusive of the three-month initial job search period, if applicable:(A) changes in income or household composition that would cause the family income to exceed 85 percent of SMI (taking into consideration fluctuations of income); or(B) a permanent loss of job or cessation of training or education that exceeds three months; or(C) improper or inaccurate reporting of attendance.40 Tex. Admin. Code § 809.112
The provisions of this §809.112 adopted to be effective January 29, 2007, 32 TexReg 336; Amended by Texas Register, Volume 41, Number 39, September 23, 2016, TexReg 7581, eff. 10/1/2016; Amended by Texas Register, Volume 47, Number 39, September 30, 2022, TexReg 6464, eff. 10/3/2022