§ 4-205.64. Failure to meet home living requirement; notice.

Current through October 23, 2012

(a) In accordance with regulations issued by the Mayor, a pregnant or parenting teen subject to the provisions of § 4-205.63 shall be informed of the eligibility requirements and the pregnant or parenting teen's rights and obligations. The Department shall advise the pregnant or parenting teen of the exemptions from the home living requirement as outlined in § 4-205.63(b) and (e). The Department shall determine whether one or more of these exemptions is applicable. The Department shall also assist the pregnant or parenting teen in attaining the necessary verifications if the teen alleges one or more of the exemptions. The pregnant or parenting teen shall not be required to obtain verification or take steps that could endanger the pregnant or parenting teen's health or safety or that of the pregnant or parenting teen's child. The regulations shall include provisions to ensure that the pregnant or parenting teen understands his or her rights under this subchapter, the meaning of each exemption under § 4-205.63, and is given an opportunity to speak with the Department outside of the presence of the pregnant or parenting teen's parent, legal guardian, or other adult relative.

(b) If the pregnant or parenting teen or the pregnant or parenting teen's parent, legal guardian, or other adult relative does not request a fair hearing pursuant to § 4-210.05, or, if after a fair hearing has been held, the hearing officer finds that the teen is not exempt from the home living requirement and has otherwise failed to meet the requirements of § 4-205.63, the Department shall, after providing adequate and timely notice, render the pregnant or parenting teen ineligible for TANF benefits in the next possible payment month. The pregnant or parenting teen's ineligibility shall not affect the eligibility for TANF benefits of a child living with the pregnant or parenting teen who, if otherwise eligible, may receive TANF benefits determined without regard to the needs of the ineligible pregnant or parenting teen.

                
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(Apr. 6, 1982, D.C. Law 4-101, § 564, as added Oct. 27, 1995, D.C. Law 11-72, § 101, 42 DCR 4728; Apr. 20, 1999, D.C. Law 12-241, § 4(d), 46 DCR 905.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 3-205.64.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 4(b) 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 § 4(b) 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 § 4(d) 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 § 4(c) [§ 4(b)] of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), § 4(b) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181), and § 4(b) 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 § 4(d) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 4(d) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 4(d) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 4(d) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

Legislative History of Laws

For legislative history of D.C. Law 11-72, see Historical and Statutory Notes following § 4-205.61.

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

Miscellaneous Notes

Expiration of Law 11-72: See note to § 4-205.01.