§ 4-205.18. Child's eligibility.

Current through October 23, 2012

(a) A needy child is eligible for TANF.

(b) Repealed.

(d)(1) A minor child otherwise eligible for TANF benefits under this section, who has been, or is expected by a parent, guardian, or other caretaker to be absent from the home for more than 90 consecutive days shall be ineligible to receive TANF benefits unless the Mayor determines, in accordance with rules promulgated by the Mayor, that there is good cause for the child to be absent from the home for more than 90 days and continue to receive TANF benefits.

(2) A parent, guardian, or other caretaker of a minor child shall be determined ineligible to receive TANF benefits if the parent, guardian, or caretaker fails to notify the Mayor of the absence of the child from the home after the 5-day period beginning with the date on which it becomes clear to the parent, guardian, or caretaker that the child will be absent from the home for more than 90 consecutive days.

(e) Nothing in this section shall be interpreted to preclude the Mayor from sanctioning any or all members of an assistance unit for failure to comply with TANF program rules, if such sanction is otherwise permitted under this chapter.

                
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(Apr. 6, 1982, D.C. Law 4-101, § 518, 29 DCR 1060; Apr. 20, 1999, D.C. Law 12-241, § 2(u), 46 DCR 905; Dec. 17, 2009, D.C. Law 18-94, § 2(c), 56 DCR 8521; Apr. 8, 2011, D.C. Law 18-370, § 522(c), 58 DCR 1008.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 3-205.18.

Effect of Amendments

D.C. Law 18-94 rewrote subsec. (a) and repealed subsec. (b), which had read as follows:

"(a) An application on behalf of a dependent child shall include in the TANF assistance unit the following individuals, if living in the same household as the dependent child and otherwise eligible:

"(1) The parent or parents of a dependent child, except that a parent who marries a person with whom the parent does not have any child in common shall not be included in the dependent child's assistance unit;

"(2) All blood-related, half-blooded-related, and adopted brothers and sisters of the dependent child who are themselves dependent children under age 18 or age 18 and expected to complete high school before reaching age 19; and

"(3) All dependent children living in the same household who are related by blood, half-blood, or legal adoption to any other member of the assistance unit by a relationship that would qualify an adult as a caretaker relative of that other member of the assistance unit as defined in § 4-201.01(1C).

"(b) For the purposes of subsection (a) of this section, the Mayor shall determine the meaning of the term "full-time student", shall determine which vocational or technical training courses are equivalent to the level of secondary school, and shall determine which factors will be considered in deciding whether an individual may reasonably be expected to complete the program of study or training before reaching age 19."

D.C. Law 18-370, in subsec. (d), substituted "TANF" for federally-funded TANF".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(x) of Public Assistance Temporary Amendment Act of 1997 (D.C. Law 12-7, August 1, 1997, law notification 44 DCR 4639).

For temporary (225 day) amendment of section, see § 2(g) of Public Assistance Temporary Amendment Act of 1998 (D.C. Law 12-130, July 24, 1998, law notification 45 DCR 6501).

For temporary (225 day) amendment of section, see § 2(u) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).

Emergency Act Amendments

For temporary amendment of section, see § 2(g) and (x) of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), and § 2(g) and (x) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181).

For temporary amendment of section, see § 2(g) and (x) of the Public Assistance Emergency Amendment Act of 1998 (D.C. Act 12-306, March 20, 1998, 45 DCR 1900).

For temporary amendment of section, see § 2(u) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(u) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(u) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 2(u) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

For temporary (90 day) amendment of section, see § 2(c) of Public Assistance Emergency Amendment Act of 2009 (D.C. Act 18-198, October 9, 2009, 56 DCR 8132).

For temporary (90 day) amendment of section, see § 522(d) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

Legislative History of Laws

For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.

For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.

For Law 18-94, see notes following § 4-201.01.

For history of Law 18-370, see notes under § 4-202.05.