1315 Deprivation | TANF

Georgia Division of Family and Children Services
TANF Policy Manual

Policy Title:

Deprivation

Effective Date:

November 2019

Chapter:

1300

Policy Number:

1315

Previous Policy Number(s):

MT 1

Updated or Reviewed in MT:

MT-50

Requirements

A dependent child must be deprived of the support or care of one or both parents to be eligible for cash assistance.

Basic Considerations

The child must be deprived of the support or care of one or both parents for one of the following reasons:

death
continued absence
incapacity
recent connection to the work force.

Deprivation is determined for each child for one of the above reasons in the order listed.

Each AU is required to name the parent(s), when known, of a child for whom assistance is requested.

If the AU is unable to name a parent, deprivation will be based on the parent being unknown.

If the AU refuses to name a parent, deprivation cannot be established and eligibility for cash assistance cannot be determined.

Paternity

The identity of a dependent child’s father must be established for the following purposes:

to determine on which parent to base deprivation,
to establish the relationship of a paternal relative to the child. Refer to Section 1335, Living with a Specified Relative,
to determine if a Child Support Enforcement (CSE) referral is required,
to determine if the father is a non-custodial, non-supporting minor parent. Refer to Section 1345, Personal Responsibility Requirements.

Deprivation must be reestablished if a change occurs as a result of one of the following:

The mother names someone else as the father.
CSE determines that the man who is named as the father is not the biological father.
A judicial proceeding establishes or alters paternity, e.g., adoption

The following chart is used to identify the man on whom deprivation is based:

Chart 1315.1 - Identifying the Father

THEN

the mother is unmarried at the time of the child’s birth

deprivation is based on the individual she names as the father.

the mother is married, whether ceremonial or common-law, at the time of the child’s birth and states that her husband is the biological father

deprivation is based on the husband.

the mother is married at the time of the child’s birth and states a man other than her husband is the biological father

deprivation is based on the husband until or unless one of the following occurs:

the reputed father legitimates the child

OR
the child’s paternity is determined by a judicial proceeding

OR
the reputed father, living in the home with the child, signs Form 185, Affidavit of Paternity

OR
an affidavit of paternity is returned by CSE.

the mother is unavailable, e.g., deceased or whereabouts unknown, and an application is filed by a nonparent

deprivation is based on the man identified as the father by one of the following:

written evidence that paternity has been established in a judicial proceeding,
Social Security records showing that the child receives benefits from the reputed father’s account,
records of an employer showing that the child is a dependent of the reputed father for tax or insurance purposes,
court records showing that the mother has, under oath, asserted the father’s identity,
a document showing that the reputed father has legitimated the child,
the subsequent marriage, either ceremonial or common law, of the reputed father to the mother and his written statement that he is the father of the child,
the child’s birth certificate,
prior case record documentation of the mother’s statement of the father’s identity,
a written statement by the reputed father acknowledging paternity.

This would not apply when the court has determined that the man identified is not the father.

CSE provides paternity test results that show the man the mother named as the father is not the father of the child

AND

the mother claims there is no other man who could be the father

AND

there is no other evidence to the contrary

deprivation continues to be based on the father originally named unless paternity of another man is established by CSE.

CSE is notified that a penalty will not be applied.

CSE provides paternity test results that show the man the mother named as the father is not the father of the child

AND

the mother refuses to name another man as the father

AND

there is supporting evidence to the contrary

cash assistance for the AU is terminated for failure to cooperate.

Refer to Section 1320, Child Support Enforcement.

a nonparent maternal relative applies

AND

CSE determines the man the relative names is not the father

AND

the relative is unable to name another man

deprivation is established as if the father is unknown.

a nonparent paternal relative applies

AND

CSE determines the man the relative named is not the father

AND

The relative is unable to name another man

the relationship of the paternal relative is not established and cash assistance is denied or terminated.

Procedures

Follow the procedures below to establish deprivation.

Identify the parents of each dependent child.
Determine if either or both parents are in the home.
Determine on which parent to base deprivation.