1365 Living Arrangements of a Minor Head of Household | TANF

Georgia Division of Family and Children Services
TANF Policy Manual

Policy Title:

Living Arrangements of a Minor Head of Household

Effective Date:

May 2023

Chapter:

1300

Policy Number:

1365

Previous Policy Number(s):

MT 70

Updated or Reviewed in MT:

MT-72

Requirements

A minor parent head of household (HOH) and his/her dependent child or a pregnant minor HOH, must reside in the household of a parent, adult relative, or legal guardian to receive cash assistance as a caretaker.

Basic Considerations

A minor parent or pregnant minor is defined as an individual who meets all the following criteria:

is under 18
is the biological parent of a dependent child living in the same household or
is pregnant with no dependent children.

This does not affect the treatment of minor caretakers in the budget process. Refer to 1624 Budgeting the Income of the Parent(s) of a Minor Head of Household.

To meet the living arrangement requirement, the household in which the pregnant minor or minor parent lives must be the place of residence of one of the following:

a parent, either biological, adoptive, or step
adult relative
a legal guardian.

Exemptions

A pregnant minor HOH or minor parent HOH is exempt from the living arrangement requirement if the following applies:

The pregnant minor or minor parent has no parent, adult relative, or legal guardian who lives in the state.
The pregnant minor or minor parent does not know the whereabouts of a parent, adult relative, or legal guardian.

The parent, adult relative, or legal guardian does not allow the pregnant minor or minor parent to live in his or her home.

Refusal to allow the pregnant minor or minor parent and dependent child to live in the home because the parent’s income affects the pregnant minor’s or minor parent’s financial eligibility is not an exemption.

The pregnant minor or minor parent lived apart from his or her parent, adult relative, or legal guardian for at least one year before either the birth of the child or the application was submitted for TANF cash assistance.
The parental rights of the minor’s parent have been terminated by the court. There may be an adult relative or legal guardian as a result.
The pregnant minor or minor parent lives with another individual and the following criteria are met:
- The individual is age 18 or older and related to the pregnant minor or minor parent or the dependent child within the specified degree.
- The residence of the adult relative is maintained as a home for the pregnant minor or minor parent and his/her dependent child.
- The adult relative exercises responsibility for the care and control of the pregnant minor or minor parent.
The pregnant minor or minor parent lives in an adult-supervised supportive living arrangement. An adult-supervised supportive living arrangement must meet the following criteria:
- The supportive living arrangement is a private family setting or other living arrangement (not including a public institution) which is maintained as a family setting,
  
  AND
- the supportive living arrangement assumes responsibility for the care and control of the pregnant minor or minor parent and dependent child.
  
  OR
- the supportive living arrangement provides supportive services, such as counseling, guidance, or supervision.

Examples of supportive living arrangements include, but are not limited to, foster homes, maternity homes, second chance homes and group homes. Living with an adult friend does not meet the definition of a supportive living arrangement.

Good Cause

The pregnant minor or minor parent may have good cause for not living in the home of a parent, adult relative, or legal guardian. Acceptable good cause reasons include the following:

The physical or emotional health or safety of the pregnant minor or minor parent and/or dependent child would be jeopardized if they lived with the minor’s parent, adult relative, or legal guardian, including the following situations:

The minor alleges that the home of the parent, adult relative, or legal guardian is the scene of illegal activity.
The parent, adult relative, or legal guardian did not or will not provide adequate food, clothing, medical care, or other necessities for the pregnant minor or minor parent or his/her child.
The pregnant minor or minor parent is participating in a licensed substance abuse treatment program which would no longer be available if s/he returned to the home.

The pregnant minor or minor parent, the parent, adult relative, or the legal guardian has an active Child Protective Services (CPS) case.

If the pregnant minor or minor parent has an active CPS case, defer to the CPS worker in determining the appropriate living arrangements for the pregnant minor or minor parent and dependent child.

The agency otherwise determines that there is good cause for not requiring the pregnant minor or minor parent to live in the home of the parent, adult relative, or legal guardian, including, but not limited to, the following situations:
- The return of the pregnant minor or minor parent and child would violate a lease agreement.
- The return of the pregnant minor or minor parent and child would be in violation of local health or safety standards.

Penalty

If the pregnant minor or minor parent does not live in the home of a parent, adult relative, or legal guardian, does not meet an exemption, and does not have good cause, the pregnant minor or minor parent is penalized and not included in the AU as caretaker with his/her child. The unborn and/or dependent child is eligible, and the pregnant minor or minor parent is ineligible.

Refer to 1670 Budgeting the Income of a Penalized Individual.

The penalty continues until the pregnant minor or minor parent meets one of the following:

becomes exempt,
establishes good cause,
moves into the home of a parent, adult relative, or legal guardian, or
no longer meets the criteria of a pregnant minor or minor parent.

Protective Payee

A protective payee is established in all pregnant minor or minor parent cases regardless of whether the minor is a caretaker or a payee.

In those situations, in which a protective payee cannot be located, the pregnant minor or minor parent may receive the TANF EPPICard in his/her name.

Explanation of Living Arrangement Requirement

Explain the living arrangement requirement to the AU when the agency becomes aware that a minor is pregnant or has become a parent. Inform the pregnant minor or minor parent about the specific exemptions and reasons for good cause. Give him/her the option of claiming these exemptions or asserting good cause.

Document that the requirement was explained to the AU and to the minor affected by it.

Determination of Exemption

If the pregnant minor or minor parent claims an exemption, determine if the claim is valid through one or more of the following methods:

Contact or obtain a statement from the parent or legal guardian.
Contact or obtain a statement from the adult relative with whom the pregnant minor or minor parent and dependent child currently live.
Obtain a copy of court documents verifying severance of parental rights.
Contact or obtain a statement from an adult responsible for the supportive living arrangement.
Accept the statement of the pregnant minor or minor parent, provided other contacts listed above are not feasible and there is no reason to question the minor’s statement.

Refer to Chart 1365.1 for instructions on action to take when the exemption claim has been determined. Document the exemption claim determination.

Loss of Exemption

If the pregnant minor or minor parent loses his/her exemption, apply the living arrangement requirement the month following the month the information becomes known to the agency.

Determination of Good Cause

Advise the pregnant minor or minor parent that s/he may claim good cause for not meeting the living arrangement requirement. Document any good cause assertions.

Assist the pregnant minor or minor parent in obtaining verification to substantiate the claim.

Determine if the good cause assertion is valid through one or more of the following methods:

Obtain court, criminal, law enforcement, medical or psychological records indicating the possibility of physical or emotional harm by the parent, adult relative, or legal guardian.
Obtain court or law enforcement records indicating a history of illegal activities at the home of the parent, adult relative, or legal guardian, or a statement from individuals who would be able to corroborate the pregnant minor or minor parent’s claim.
Contact the substance abuse treatment program with which the minor is participating or obtain a written statement from that source.
Contact the parent, adult relative, legal guardian, or leasing office to obtain a statement regarding the conditions under which the minor may violate a lease agreement or health safety standards if the pregnant minor or minor parent and dependent child return to the home.
Contact the CPS worker responsible for the active protective service case.
Contact or obtain a statement from other social service agencies which can confirm the pregnant minor’s or minor parent’s claim.

Review the provided information and available evidence. Request additional evidence if necessary. Base the determination on the supporting evidence provided.

Child Protective Services Referral

If the pregnant minor or minor parent claims good cause based on physical or emotional health or safety of the pregnant minor or minor parent or dependent child but the claim cannot be substantiated through any of the preceding methods, follow the procedures below:

Accept the minor’s statement.
Complete a referral to CPS for a full investigation.
Include the pregnant minor or minor parent in the AU with the dependent child until the CPS investigation is completed.

Referral Follow Up

Contact CPS at the next PRP or PWP review if the results of the CPS investigation have not been received.

Refer to Chart 1365.1 for instructions on action to take when the good cause claim has been determined. Document the good cause determination.

Protective Payee

Establish a protective payee for all pregnant minor or minor parent cases. Arrange for the adult with whom the minor lives or another suitable adult to receive the check on the minor’s behalf.

Chart 1365.1 - Determining if a Pregnant Minor or Minor Parent Can Be a Caretaker
IF	THEN
the pregnant minor or minor parent lives in the home of a parent or legal guardian	include the pregnant minor or minor parent in the AU with his/her dependent child.
the pregnant minor or minor parent does not live in the home of a parent or legal guardian, and claims an exemption	determine if the exemption is valid. If valid, include the pregnant minor or minor parent in the AU with his/her dependent child. If not valid, inform the pregnant minor or minor parent of her options to either meet the requirement, claim good cause, or be penalized.
the minor parent does not live in the home of a parent or legal guardian, claims good cause and the claim is valid	include the minor parent in the AU with his/her dependent child.
The pregnant minor does not live in the home of a parent or legal guardian, claims good cause and the claim is valid	Include the pregnant minor in their own AU with their unborn child
the pregnant minor or minor parent claims good cause for reasons other than physical or emotional health and it is determined that the claim is not valid	inform the pregnant minor or minor parent of her options to meet the requirement or be penalized.
the pregnant minor or minor parent claims good cause because of physical or emotional health, but the claim cannot be substantiated	accept the minor’s statement and complete a referral to Child Protective Services (CPS) to determine if the good cause claim is valid. Include the pregnant minor in their own AU with the unborn child. OR Include the minor parent in the AU with his/her dependent child.
CPS determines that the good cause claim is valid	document the record and continue eligibility.
CPS determines that the good cause claim is not valid	inform the pregnant minor or minor parent of his/her option to meet the requirement or be penalized.

The penalty continues until the pregnant minor or minor parent becomes exempt, establishes good cause, moves into the home of a parent, adult relative, or legal guardian, or no longer meets the criteria of a pregnant minor or minor parent.