NOTICES
DEPARTMENT OF
PUBLIC WELFARE
Eligibility for Cash Assistance: Minor Parent; Notice of Rule Change
[27 Pa.B. 1089] Section 5 of Act No. 1995-20, enacted on June 30, 1995, adds subsection 432(10) of the Public Welfare Code which adds a new condition of eligibility for Aid to Families with Dependent Children (AFDC) and General Assistance (GA). The new eligibility condition requires that, to receive cash assistance, any minor parent who is an applicant or recipient, including a pregnant minor, and a dependent child in the minor parent's care, must reside in the home of a parent, a guardian or other adult unless one of several exemptions is met. A minor parent is an individual who is under age 18, who has never been married and is either the natural parent of a dependent child living in the same household or is pregnant.
Section 9 of Act No. 1996-35, enacted on May 16, 1996, amends subsection 432(10) by expanding the terms and provisions regarding where the minor parent could reside if the minor parent does not meet one of several exemptions. The term ''other adult'' was revised to ''other adult relative,'' the term ''guardian'' was revised to ''legal guardian'' and the term ''in an adult-supervised supportive living arrangement'' was added. Also, Act 1996-35 added a grant provision whereby if the minor parent does not meet one of several exemptions and the parent or legal guardian lives in another location, the minor parent and the dependent child may be given a special allowance to move when it is confirmed that the minor parent has permission to reside in the parent's or legal guardian's home. When a minor parent and the dependent child are required to live with the minor parent's parent, legal guardian, or other adult relative, or in an adult-supervised supportive living arrangement, cash benefits on behalf of the minor parent and dependent child shall be paid to the parent, legal guardian, other adult relative or a representative in the adult-supervised supportive living arrangement.
Title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) eliminated the AFDC program under Part A of Title IV of the Social Security Act and established the Temporary Assistance for Needy Families (TANF) program (42 U.S.C. §§ 601 through 619). From this point forward, any reference to applicants and recipients will be assumed to be applicants and recipients of TANF, even where AFDC is referenced.
Section 103 of Title I--(The Temporary Assistance for Needy Families Act, hereinafter referred to as TANF) enacted August 22, 1996, added 42 U.S.C.A. § 408(a)(5) related to minor parents. TANF mandates that to receive cash assistance, an individual who is under 18 years of age, is not married, and has a minor child in his or her care, must reside in a place of residence maintained by a parent, legal guardian, other adult relative of the minor parent or other appropriate adult-supervised supportive living arrangement unless one of several exemptions is met. The term ''second-chance home'' was added as a type of adult-supervised supportive living arrangement. If the minor parent cannot return to the home of a parent, legal guardian or other adult relative, the Department, in consultation with county children and youth agencies, will provide assistance to the minor parent in locating a second-chance home, maternity home, or other appropriate adult-supervised supportive living arrangement unless the agency determines that the minor parent's living situation is appropriate.
In accordance with Act 1995-20, Act 1996-35 and TANF, the Department intends to restrict payments to households headed by a minor parent. The regulations support the Department's concept of strengthening families, promoting parental responsibility and preventing pregnancy in minors.
By this notice, the Department of Public Welfare announces its intent to implement the above laws by amending 55 Pa. Code Chapters 141--General Eligibility Provisions; 175--Allowances and Benefits; 177--Resources; and 183--Income. As noted in detail above, changes to policy are based on Act 1995-20, which added 62 P.S. § 432 (10); Act 1996-35, which amended 62 P.S. § 432(10) and TANF, which added 42 U.S.C.A. § 408(a)(5) related to minor parents, and are effective upon submission of the TANF State Plan.
The above changes are described in detail in the following Income Maintenance Bulletin. Each change in policy identifies the section of Title 55 of the Pennsylvania Code that is being changed.
Failure by the Department to implement the provisions of this Notice of Rule Change would result in noncompliance with State law. Implementation of the changes is expected to save State and Federal funds.
This Rule Change has been reviewed and approved by the Office of General Counsel and the Office of Attorney General.
This Rule Change is made under the Joint Committee on Documents Resolution 1996-1(2), 26 Pa.B. 2374 (May 18, 1996). This Rule Change will be in effect for 365 days pending adoption of final rulemaking by the Department.
Public comments to this Rule Change may be made by writing to Joan S. Brenner, Director, Division of Cash Assistance, Office of Income Maintenance, Room 227, Willow Oak Building, Harrisburg, PA 17105.
Persons with a disability may use the AT&T Relay Service by calling 1-800-654-5984 (TDD users) or 1-800-654-5988 (Voice users). Persons who require another alternative format should contact Thomas Vracarich at 717-783-2209.
FEATHER O. HOUSTOUN,
SecretaryMinor Parent Provisions for the TANF and GA Programs
Purpose
To inform you of an additional eligibility requirement that a minor parent under the Temporary Assistance for Needy Families Act (TANF) (Pub.L. 104-193) or General Assistance (GA) category must meet in order to receive cash assistance.
Background
Section 5 of Act No. 1995-20, enacted on June 30, 1995, adds subsection 432(10) of the Public Welfare Code which adds a new condition of eligibility for Aid to Families with Dependent Children (AFDC) and GA. The new eligibility condition requires that, to receive cash assistance, any minor parent who is an applicant or recipient, including a pregnant minor, and a dependent child in the minor parent's care, must live in the home of a parent, a guardian or other adult unless one of several exemptions is met. A minor parent is an individual who is under age 18, who has never been married and is either the natural parent of a dependent child living in the same household or is pregnant.
Section 9 of Act No. 1996-35, enacted on May 16, 1996, amends subsection 432(10) by expanding the terms and provisions regarding where the minor parent could reside if the minor parent does not meet one of several exemptions. The term ''other adult'' was revised to ''other adult relative,'' the term ''guardian'' was revised to ''legal guardian,'' and the term ''in an adult-supervised supportive living arrangement'' was added. Also, Act 35 added a grant provision whereby if the minor parent does not meet one of several exemptions and the parent or legal guardian lives in another location, the minor parent and the dependent child may be given a special allowance to move when it is confirmed that the minor parent has permission to reside in the parent's or legal guardian's home. When a minor parent and the dependent child are required to live with the minor parent's parent, legal guardian, or other adult relative, or in an adult-supervised supportive living arrangement, cash benefits on behalf of the minor parent and dependent child shall be paid to the parent, legal guardian, other adult relative or a representative in the adult-supervised supportive living arrangement.
Title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104-193) eliminated the AFDC program under Part A of Title IV of the Social Security Act and established the TANF program (42 U.S.C.A. §§ 601 through 619). From this point forward, any reference to applicants and recipients will be assumed to be applicants and recipients of TANF, even where AFDC is referenced.
Section 103 of Title I--(The Temporary Assistance for Needy Families Act, hereinafter referred to as TANF) enacted August 22, 1996, added 42 U.S.C.A. § 408(a)(5) related to minor parents. TANF mandates that to receive cash assistance, an individual who is under 18 years of age, is not married, and has a minor child in his or her care, must reside in a place of residence maintained by a parent, legal guardian, other adult relative of the minor parent or other appropriate adult-supervised supportive living arrangement unless one of several exemptions is met. The term ''second-chance home'' was added as a type of adult-supervised living arrangement. If the minor parent cannot return to the home of a parent, legal guardian or other adult relative, the Department, in consultation with county children and youth agencies, will provide assistance to the minor parent in locating a second-chance home, maternity home, or other appropriate adult-supervised supportive living arrangement unless the agency determines that the minor parent's living situation is appropriate.
In accordance with Act 1995-20, Act 1996-35 and TANF, the Department intends to restrict payments to households headed by a minor parent. This requirement is applicable to families with minor children applying for or receiving cash benefits under the TANF and GA programs.
Rule Change
Effective immediately, a minor parent including a pregnant minor, and the dependent child, who applies for or receives cash assistance must live with a parent, legal guardian, other adult relative or in an adult-supervised supportive living arrangement in order to qualify for cash assistance, unless one of several exemptions is met.
Cash benefits on behalf of the minor parent and dependent child are paid to the minor parent's parent, legal guardian, or other adult relative, or to an adult in an adult-supervised supportive living arrangement.
When the minor parent does not meet any of the exemptions that will be listed under 55 Pa. Code § 141.21(r) or § 141.71(e)(4) and the parent or legal guardian lives in another location, the minor parent may be given a special allowance for transportation expenses to move when it is confirmed that the minor parent has permission to reside in the parent's or legal guardian's home.
The following sections of the 55 Pa. Code will be revised to incorporate the minor parent provision:
55 Pa. Code § 141.21(m): This subsection is revised to include policy regarding needed documentation and cooperation by the minor parent to establish whether the minor parent is exempt from the requirement in § 141.21(q). (Section 141.21(q) sets forth the condition of eligibility for TANF or GA cash assistance that any minor parent applicant or recipient, as defined in § 141.42, must reside in the home of the minor parent's parent, legal guardian, or other adult relative or in an adult-supervised supportive living arrangement.) Also, the term ''handicap'' is replaced by the term ''disability'' as used in Act 1994-49. A revision is made to clarify what is considered cooperation when the documentation which will verify the disability must be secured from a third party.
55 Pa. Code § 141.21(q): This subsection adds a new eligibility requirement which specifies that in order to receive cash benefits, a minor, unmarried parent, including a pregnant minor, and the dependent child, who applies for or receives TANF or GA must reside in a common residence with a parent, legal guardian, other adult relative who is at least 18 years of age or older or in an adult-supervised supportive living arrangement, unless exempt under § 141.21(r). When the minor parent does not meet any other exemption and the parent or legal guardian lives within the State or in another state, the minor parent may be given a special allowance in accord with Chapter 175 to move back home. The special allowance will be based on the most economical and practical means of travel to meet the minor parent's needs and will be limited to once in a 12-month period.
The following paragraphs (§ 141.21(r)(1) through (r)(12)) specify the reasons why a minor parent may be exempt from the requirement at § 141.21(q):
55 Pa. Code § 141.21(r)(1): The minor parent has no living parent or legal guardian, or the whereabouts of the parent or legal guardian are not known.
55 Pa. Code § 141.21(r)(2): The parent or legal guardian of the minor parent will not allow the minor parent to live in the common residence, or there is no space available in the parent's or legal guardian's residence.
55 Pa. Code § 141.21(r)(3): The minor parent's physical or emotional health or safety or that of the dependent child would be jeopardized if they resided with the minor parent's parent, legal guardian, or adult relative, or, the threat of physical, emotional or other harm comes from another individual residing in or visiting the residence. Eligibility under these sections shall be based on the following:
(i) The present emotional state of the minor parent or dependent child obtained from such sources as, but not limited to, health records, collateral contacts or worker observation;
(ii) The emotional history of the minor parent or dependent child obtained from such sources as, but not limited to, health facility records or collateral contacts with school counselors, health professionals, social service agency personnel, police or courts;
(iii) The intensity and probable duration of the emotional upset previously caused to the minor parent or dependent child from residing in the home of the minor parent's parent, legal guardian, or adult relative obtained from such sources as, but not limited to, health facility records or collateral contacts as noted in (ii) above.
55 Pa. Code § 141.21(r)(4): The parent, legal guardian, or adult relative will not assume responsibility for the care and control of the minor parent.
55 Pa. Code § 141.21(r)(5): The parent, legal guardian or adult relative is unable to exercise control and supervision over the minor parent due to a physical, emotional, financial or other limitation.
55 Pa. Code § 141.21(r)(6): The minor parent's child, including an unborn child, was conceived as a result of rape or incest committed by someone still residing in or visiting with other individuals residing in the common residence.
55 Pa. Code § 141.21(r)(7): The minor parent and dependent child no longer reside in the home of the parent, legal guardian, or another adult relative because of sexual abuse.
55 Pa. Code § 141.21(r)(8): The minor parent's presence in the common residence would violate a lease agreement or housing code requirement.
55 Pa. Code § 141.21(r)(9): The parent, legal guardian or other adult relative live in another area of the State, in another state or out of the country, and it is not practical for the minor parent to reside in that location for reasons such as, but not limited to, attendance at a vocational school, other educational program, job training, or substance abuse treatment program, or the minor parent has employment that is not located within a reasonable distance from the home of the parent, legal guardian, or adult relative.
55 Pa. Code § 141.21(r)(10): There is no space available for the minor parent and dependent child to reside in an adult-supervised supportive living arrangement and no immediate arrangements can be made.
55 Pa. Code § 141.21(r)(11): The minor parent's parent, legal guardian or other adult relative spent the cash assistance funds intended for the minor parent and the dependent child inappropriately; i.e., in a manner that did not benefit the minor parent and the dependent child.
55 Pa. Code § 141.21(r)(12): Additional exemptions under this subsection will be granted by the Department if the Department determines that the exemption would be in the best interest of the minor parent and the dependent child.
55 Pa. Code § 141.42: This section is revised to add the definitions of the following terms:
* Adult-supervised supportive living arrangement--A private family setting providing a supportive and supervised living arrangement or other living arrangement, including a private institution, such as a maternity home or a second-chance home, which is:
--approved by the Department; and
--maintained as a supportive family setting and supervised living arrangement as evidenced by:
* the assumption of responsibility for the care and control of the minor parent and dependent child by a non-related adult age 21 or older; and
* the provision of supportive services, such as, but not limited to, counseling, guidance or education including parenting skills, child development, family budgeting, health and nutrition, and other skills to promote long-term economic independence and the well-being of the children in addition to food and shelter.
* Minor parent--A TANF-eligible person under age 18 who has never been married and is the natural parent of a dependent child living with the minor parent, or is pregnant or a GA-eligible person age 16 or 17 who has never been married, is the natural parent of a dependent child living with the minor parent, or is pregnant.
55 Pa. Code § 175.23(d)(1)--(5): This subsection is added to provide for transportation expenses to relocate the minor parent and the dependent child. When the minor parent does not meet any of the exemptions listed under 55 Pa. Code § 141.21(r) (TANF, GA), and the parent or legal guardian live within the State or in another state, the minor parent may be given a special allowance for transportation for the minor parent and dependent child to travel when it is confirmed that the minor parent has permission to reside in the parent's or legal guardian's home. The allowance for transportation will be limited to once in a 12-month period and based on the most economical and practical means of travel required to meet the client's needs.
55 Pa. Code § 177.2: The definition of a legally responsible relative (LRR) is amended to include a GA minor parent. The definition of a minor parent is also added to this section.
55 Pa. Code § 183.2: The definition of an LRR is amended to include a parent to a GA minor parent. The definition of a parent is amended to include a minor parent. The definition of a minor parent is added to this section.
Fiscal Note: 14-NRC-069. No fiscal impact; (8) recommends adoption. Savings of approximately $41,000 in the Cash Grants appropriation for the remainder of 1996-97 are expected with the promulgation of this regulation. For 1997-98, the savings are expected to increase to $478,000 with $498,000 in savings for 1998-99 and thereafter.
[Pa.B. Doc. No. 97-316. Filed for public inspection February 28, 1997, 9:00 a.m.]
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