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Delaware’s TANF State Plan 10-1-2017 to 9-30-2020

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Relationship and Living Arrangements

Children must be living in the home of a parent, guardian, custodian, adult acting in loco parentis, or a specified relative.

During 2013, the Delaware legislature passed the Civil Marriage Equality and Religious Freedom Act of 2013. The law was effective July 1, 2013. The TANF program affords partners in a same gender marriage the same program rights, benefits, responsibilities, obligations, and duties as afforded different gendered married partners. Married partners of the same gender are treated in the same manner as different gendered married partners for all components of the TANF program including, but not limited to: technical eligibility, child support cooperation, financial eligibility, case composition, grant determination, and work requirements.

The caretaker of a teen parent who is not living with?? a parent??? must demonstrate valid circumstances why the teen is not living with a parent and must agree to be a party to the Contract of Mutual Responsibility and fulfill the same responsibilities as a parent.

Family Cap Provision

No additional cash benefits will be issued due to the birth of a child, if the birth occurs more than ten (10) calendar months after the date of application for benefits under TANF. Children born to teen parents included in TANF grants are also subject to the family cap rules.

The family cap will not apply to: • An additional child who was conceived as a result of incest or sexual assault, • Children who do not reside with their parents, • Children born prior to the period identified above who return or enter the household, and • A child that was conceived in a month the assistance unit (i.e., the entire family) was not receiving TANF, but this does not apply in cases that close due to being sanctioned.

The additional child is included in the standard of need for purposes of determining eligibility. The income and resources of the child, including child support, are included in determining the family's income and resources; however, the child is not included in determining the payment standard for the family. • The additional child is considered a recipient for all other purposes, including categorical Medicaid coverage, TANF child care, and Food Supplement benefits.