Table of Contents Technical Requirements i 1450.0000 Child In Care ................................................................. 1 1450.0004 Technical Factors (CIC) ........................................................................................ 1 1450.0100 CITIZENSHIP/NONCITIZEN STATUS (CIC) ........................................................... 1 1450.0101 Declaration of Citizenship/Noncitizen Status (CIC) ............................................... 2 1450.0102 Definition of U.S. Citizenship (CIC) ....................................................................... 2 1450.0103 Verification Sources for U.S. Citizens (CIC) ......................................................... 3 1450.0104 Noncitizens (CIC) .................................................................................................. 3 1450.0105 Qualified Noncitizens (CIC) ................................................................................... 3 1450.0106 Lawful Permanent Resident (CIC) ........................................................................ 4 1450.0106.01 Noncitizens Serving in the United States Armed Forces (CIC) ........................ 4 1450.0106.02 Amerasians (CIC) ............................................................................................. 5 1450.0107 Asylees (CIC) ........................................................................................................ 5 1450.0108 Refugees (CIC) ..................................................................................................... 6 1450.0109 Victims of Human Trafficking (CIC) ....................................................................... 6 1450.0110 Parolees (CIC) ....................................................................................................... 7 1450.0111 Deportation Withheld (CIC) ................................................................................... 7 1450.0112 Cuban/Haitian Entrants (CIC) ............................................................................... 7 1450.0113 Battered (CIC) ....................................................................................................... 8 1450.0114 Verification Requirements for Noncitizens (CIC) .................................................. 9 1450.0115 VIS-CPS (CIC) .................................................................................................... 10 1450.0116 Lawfully Residing Noncitizen Children up to age 19 (CIC) ................................. 10 1450.0117 Assistance for Ineligible Noncitizens (CIC) ......................................................... 11 1450.0118 Noncitizens not Eligible for Assistance (CIC) ...................................................... 11 1450.0200 SOCIAL SECURITY NUMBER (CIC) ..................................................................... 11 1450.0203 Special Procedures for Children Pending Adoption (CIC) .................................. 12 1450.0204 When SSN is Not Provided/Refusal to Apply (CIC) ............................................ 12 1450.0205 Suspected and Confirmed Multiple SSNs (CIC) ................................................. 12 1450.0206 SSN Application Follow-Up (CIC) ....................................................................... 12 1450.0207 SSNs Not Validated Through Data Exchange (CIC) ........................................... 12 1450.0300 RESIDENCY (CIC) ................................................................................................. 12 1450.0303.01 Residency Requirements (CIC) ...................................................................... 13 1450.0303.02 Residents of Florida (CIC) .............................................................................. 13 1450.0304.01 Interstate Placements (CIC) ........................................................................... 13 1450.0304.02 Delinquent Youth in Residential Facilities (CIC) ............................................ 14 1450.0309 Residency Verification (CIC) ............................................................................... 14 1450.0310 Temporary Absence from the State (CIC) .......................................................... 14 1450.0500 AGE (CIC) ............................................................................................................... 14 1450.0502 Age Requirements for Children (CIC) ................................................................. 14 1450.0504 Definition of a Child (CIC) ................................................................................... 14 1450.0505 Verification of Age (CIC) ..................................................................................... 15 1450.0700 DEPRIVATION (CIC) .............................................................................................. 15 1450.0701 Who is considered a Parent (CIC) ...................................................................... 15 1450.0702 Definition of Biological Father (CIC) .................................................................... 15 1450.0703 Definition of a Legal Father (CIC) ....................................................................... 16 1450.0704 When an Individual Becomes a Parent (CIC) ..................................................... 16 1450.0705 Ceremonial Marriage (CIC) ................................................................................. 16 1450.0706 Biological Parents (CIC) ...................................................................................... 16 1450.0707 Common-Law Marriage (CIC) ............................................................................. 16 1450.0708 Establishment of Paternity (CIC) ......................................................................... 17

Table of Contents Technical Requirements ii 1450.0709 Adoption (CIC) ..................................................................................................... 17 1450.0712 Reasons for Deprivation (CIC) ............................................................................ 17 1450.0713 Deprivation Due to Death (CIC) .......................................................................... 17 1450.0714 Deprivation Due to Single Parent Adoption (CIC) ............................................... 18 1450.0715.01 Continued Absence of One or Both Parents (CIC) ........................................ 18 1450.0715.02 Reasons for Continued Absence (CIC) .......................................................... 18 1450.0716 Marital Separation (CIC) ..................................................................................... 18 1450.0717.01 Incarceration (CIC) ......................................................................................... 18 1450.0717.02 Incarceration Ends (CIC) ................................................................................ 19 1450.0718 Determination of Desertion (CIC) ........................................................................ 19 1450.0719 Divorce (CIC) ....................................................................................................... 19 1450.0720.01 Prohibition against Living with Child (CIC) ..................................................... 20 1450.0720.02 Temporary Removal of Custody (CIC) ........................................................... 20 1450.0720.03 Deportation of a Parent (CIC) ......................................................................... 20 1450.0720.04 Resident Citizen of a Foreign Country (CIC) .................................................. 20 1450.0721.01 Other Continued Absences (CIC) ................................................................... 20 1450.0721.02 Verification - Other Continued Absences (CIC) ............................................. 21 1450.0722 Incapacity (CIC) ................................................................................................... 21 1450.0722.01 Definition of Incapacity (CIC) .......................................................................... 21 1450.0722.02 Verification of Incapacity (CIC) ....................................................................... 21 1450.0722.03 Gathering Incapacity Information Applications (CIC) ..................................... 21 1450.0722.04 Gather Incapacity Information Ongoing (CIC) ................................................ 21 1450.0722.05 Resuming Level of Employment/Care (CIC) .................................................. 22 1450.0724.01 Unemployment/Underemployment (CIC) ....................................................... 22 1450.0724.05 Verification of Unemployment/Underemployment (CIC) ................................ 22 1450.0800 LIVING IN THE HOME (CIC) .................................................................................. 22 1450.0801 Living in the Home of a Specified Relative (CIC) ................................................ 22 1450.0802 Definition of Parent/Specified Relative (CIC) ...................................................... 23 1450.0803 Verifying Parenthood/Specified Relationship (CIC) ............................................ 23 1450.0804 Sources of Verification (CIC) ............................................................................... 23 1450.0805 Definition of Living in the Home (CIC) ................................................................. 24 1450.0806 Verification/Documentation (CIC) ........................................................................ 24 1450.0807 Temporary Absence from the Home (CIC) ......................................................... 25 1450.0808 Children Who Remain Hospitalized (CIC) ........................................................... 25 1450.1500 RECEIPT OF OTHER BENEFITS (CIC) ................................................................ 25 1450.1501 Receipt of Title IV-E Foster Care Benefits (CIC) ................................................ 25 1450.1502 Receipt/Eligibility of Title IV-E (CIC) .................................................................... 25 1450.1700 CHILD SUPPORT COOPERATION (CIC) ............................................................. 25 1450.1703 Child Support Cooperation Requirement (CIC) .................................................. 26 1450.1704 Definition of Cooperation (CIC) ........................................................................... 26 1450.1705.01 Definition of Non-custodial Parent (CIC) ........................................................ 26 1450.1705.02 Legal Father and Natural Father (CIC) ........................................................... 26 1450.1707 Good Cause for Failure to Cooperate (CIC) ....................................................... 26 1450.1708 Reasons for Good Cause (CIC) .......................................................................... 26 1460.0000 Refugee Assistance Program.................................... 28 1460.0100 CITIZENSHIP/NONCITIZEN STATUS (RAP) ........................................................ 28 1460.0101 Declaration of Citizenship/Noncitizen Status (RAP) ........................................... 28 1460.0102 Definition of U.S. Citizenship (RAP) .................................................................... 29 1460.0103 Verification Sources for U.S. Citizens (RAP) ...................................................... 30 1460.0104 Noncitizens (RAP) ............................................................................................... 30

Table of Contents Technical Requirements iii 1460.0105 Qualified Noncitizens (RAP) ................................................................................ 30 1460.0106 Lawful Permanent Resident (RAP) ..................................................................... 30 1460.0106.02 Amerasians (RAP) .......................................................................................... 31 1460.0107 Asylees (RAP) ..................................................................................................... 31 1460.0108 Refugees (RAP) .................................................................................................. 31 1460.0109 Victims of Human Trafficking (RAP) .................................................................... 32 1460.0110 Cuban/ Haitian Parolees (RAP) .......................................................................... 33 1460.0111 Cuban/ Haitian Deportation Withheld (RAP) ....................................................... 33 1460.0112 Cuban/Haitian Entrants (RAP) ............................................................................ 33 1460.0114 Verification Requirements for Noncitizens (RAP) ............................................... 34 1460.0115 VIS-CPS (RAP) ................................................................................................... 35 1460.0117 Noncitizens not Eligible for Assistance (RAP) .................................................... 35 1460.0300 RESIDENCY (RAP) ................................................................................................ 35 1460.0301 Residency of Homeless Individuals (RAP) ......................................................... 35 1460.0303.01 Residency Requirements (RAP) .................................................................... 35 1460.0303.02 Residents of Florida (RAP) ............................................................................. 36 1460.0303.03 Residency for Employment (RAP) .................................................................. 36 1460.0309 Residency Verification (RAP) .............................................................................. 36 1460.0310 Temporary Absence from the State (RAP) ......................................................... 36 1460.0506 Verification of Student Status (RAP) .................................................................. 37 1460.0900 SPONSOR VERIF./CONTACT WITH RESETTLEMENT AGENCY (RAP) ........... 37 1460.0901 Contact with Resettlement Agency (RAP) .......................................................... 37 1460.0902 Responsibilities for Contact (RAP) ...................................................................... 37 1460.0903 Verification of Sponsor/Resettlement Agency (RAP) .......................................... 37 1460.1400 REQUIREMENT TO FILE FOR OTHER BENEFITS (RAP) .................................. 38 1460.1900 EMPLOYMENT AND TRAINING (RAP) ................................................................ 38 1460.1902 Explanation of Benefits (RAP) ............................................................................. 38 1460.1903 Notification of Changes (RAP) ............................................................................ 39 1460.1904 Determination of Participation Status (RAP) ....................................................... 39 1460.1906 Exemptions from Employment & Training (RAP) ................................................ 40 1460.1906.01 Individuals under 16 (RAP) ............................................................................ 40 1460.1906.02 Age 65 or Older (RAP) ................................................................................... 40 1460.1906.03 Full-Time Students (RAP) .............................................................................. 40 1460.1906.04 Permanent Impairment or Incapacity (RAP) .................................................. 40 1460.1906.05 Required Presence in the Home (RAP) ......................................................... 41 1460.1906.06 Temporary Illness or Injury (RAP) .................................................................. 41 1460.1906.07 Child Under Three Years (RAP) ..................................................................... 42 1460.1906.12 Individuals Employed 30 Hours per Week (RAP) .......................................... 42 1460.1906.14 Pregnancy in Second Trimester (RAP) .......................................................... 43 1460.1906.15 Residents in Counties Not Served by RAP E&T (RAP) ................................. 43 1460.1917 Length of Penalty Periods (RAP) ........................................................................ 43 1460.1919 Penalties for Failure of FS Individual to Comply (RAP) ...................................... 43 1460.1924 Participation Following Penalties (RAP).............................................................. 43

Chapter: 1450 Technical Requirements Program: CIC 1 1450.0000 Child In Care Each program has technical (nonfinancial) factors that must be considered to determine eligibility. In addition, a number of additional technical factors must be considered dependent upon the type of assistance an individual is applying for.

The eligibility specialist must determine if each individual meets the appropriate requirements for the type of assistance requested. If the individual does not meet the applicable requirements, the individual is technically ineligible. The eligibility specialist must keep in mind that these factors will not always apply to all types of assistance. 1450.0004 Technical Factors (CIC) For Title IV-E Foster Care, the technical factors that may be considered are:

1. citizenship/noncitizen status, 2. Social Security number, 3. residency, 4. age, 5. deprivation, 6. living in the home of a specified relative, 7. receipt of other benefits, 8. cooperation with child support, and 9. assignment of support rights for third party liability.

For Title IV-E and non-Title IV-E Emergency Shelter Care, non-Title IV-E Foster Care, and Title IV-E and non-Title IV-E Adoption Assistance, the technical requirements to be considered are:

1. citizenship/noncitizen status, 2. Social Security number, 3. residency, 4. age, 5. cooperation with child support, and 6. assignment of support rights for third party liability.

For Delinquency (non-Title IV-E) and Independent Living (non-Title IV-E), the technical requirements to be considered are:

1. citizenship/noncitizen status, 2. Social Security number, 3. residency, 4. age, 5. cooperation with child support, and 6. assignment of support rights for third party liability. 1450.0100 CITIZENSHIP/NONCITIZEN STATUS (CIC) The eligibility specialist must evaluate the citizenship/noncitizen status for each individual as a condition of eligibility for public assistance. Citizenship information on those family members who are not applying for benefits is not required. Non-receiving members are to be asked only if they are citizens or noncitizens, not their BCIS status. Citizenship/noncitizen requirements must be met in order to establish eligibility.

Chapter: 1450 Technical Requirements Program: CIC 2 1450.0101 Declaration of Citizenship/Noncitizen Status (CIC) Each applicant applying for public assistance must declare in writing whether each individual in the assistance group (AG) is a U.S. citizen, or a noncitizen in lawful immigration status.

An application declaring the citizenship/noncitizen status must be signed under penalty of perjury for each individual applying for assistance as a condition of eligibility. The form must be signed at application and review. An adult applicant or designated representative may sign the application declaring the citizenship/noncitizen status on behalf of children under age 21. 1450.0102 Definition of U.S. Citizenship (CIC) To be considered a U.S. citizen, an individual must meet one of the following conditions:

1. be born in the U.S., D.C., or a U.S. territory, (Puerto Rico, U.S. Virgin Islands, Northern Mariana, American Samoa, Harcon Tract, Swain's Island, and Guam).

Note: If the individual was born in a former U.S. territory while it was a territory, a clarification through the Region or Circuit Program Office is required.

2. be a naturalized citizen. An individual is a naturalized citizen when U.S. citizenship is gained after his birth either through individual naturalization, or derived from a naturalized parent.

3. be adopted by, a U.S. citizen.

A child acquires citizenship through adoption, if they meet all of the following conditions:

a. the child was adopted while under the age of 16, has been in legal custody of, and has resided with the adopting U.S. citizen parent(s) for at least two years; b. the child is under the age of 18, or was under the age of 18 on February 27, 2001; c. the child is/was residing in the United States in the legal and physical custody of the U.S. citizen parent(s); and d. the child has a qualified alien status.

The child must meet all the above criteria, all at the same time, on at least one day at some point between February 27, 2001 and the present. The child must not have been married at any time on or before the day they meet all of the criteria.

Note: Proof of U.S. citizenship will not be automatically issued to eligible children.

4. be born abroad to a U.S. citizen. Individuals born abroad to a U.S. citizen and who make a written declaration of citizenship to the U.S. Counsel are considered U.S. citizens.

A child born abroad to unmarried parents may acquire citizenship at birth if one of the parents is a U.S. citizen at the time of the child's birth, and legal paternity has been established. To acquire citizenship, a child born abroad to unwed parents need only establish the mother's U.S. citizenship and her residence in the U.S. or U.S. territory prior to the birth of the child.

Citizenship acquired at birth occurs when:

1. both parents are U.S. citizens and at least one parent resides in the U.S. or a U.S. territory before the birth of the child; or 2. one parent is a citizen and the other is a noncitizen at the time of the child's birth. (Individuals claiming citizenship under this provision must be referred to USCIS to obtain a formal determination of their citizenship.)

Chapter: 1450 Technical Requirements Program: CIC 3 Children become U.S. citizens after birth when all the following conditions are met:

1. one parent is a U.S. citizen by birth or naturalization, 2. the child in under age 18, or was under 18 on February 27, 2001, 3. the child is/was residing in the U.S. in the legal and physical custody of the U.S. citizen parent(s), and 4. the child has a qualified noncitizen status. 1450.0103 Verification Sources for U.S. Citizens (CIC) The individual's verbal or written statement of date and place of birth must be accepted if they were born in the United States (U.S.) unless the information is questionable.

For all programs, the individual's verbal statement attesting to U.S. citizenship and the signature of one adult household member on the Declaration of Citizenship form must be accepted, unless questioned. This policy applies to all individuals claiming U.S. citizenship, including those who are naturalized and those born abroad to U.S. citizens. Staff must not use a voided Puerto Rican birth certificate for proof of citizenship after September 30, 2010.

Note: Only one signature from an adult household member is needed on the Declaration of Citizenship form. 1450.0104 Noncitizens (CIC) Noncitizens may qualify for Medicaid based on their status granted by U.S. Citizenship and Immigration Services (USCIS). The following sections discuss different types of noncitizens and their eligibility.

A North American Indian born outside the United States, who is residing in the U.S. is eligible for Medicaid benefits, based on the factor of noncitizen status, if they are subject to section 289 of the Immigration and Nationality Act or a member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.

Proof of this status includes:

1. I-551 with code S-13, 2. unexpired temporary I-551 stamp in a Canadian passport, 3. I-94 with code S-13, or 4. a letter or other tribal document certifying at least 50% American Indian blood, as required by Immigration and Nationality Act section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada.

Verification of membership in an Indian tribe includes a membership card or other tribal document demonstrating membership in a federally recognized Indian tribe.

If the individual has no document evidencing tribal membership, contact the tribal government for confirmation of the individual’s membership.

Note: These individuals are not subject to the five-year ban. 1450.0105 Qualified Noncitizens (CIC) Qualified noncitizens are defined as noncitizens who meet at least one of the following sections of the Immigration and Nationality Act (INA).

Chapter: 1450 Technical Requirements Program: CIC 4 1450.0106 Lawful Permanent Resident (CIC) A lawful permanent resident (LPR) is a noncitizen who lawfully immigrates to the U.S. and has permission to live and work in the U.S. LPRs may be eligible for Medicaid based on citizenship if they entered the U.S.:

1. prior to 8/22/96 and have remained continuously present, 2. on or after 8/22/96 under a prior asylee, refugee, Amerasian, deportation withheld, or Cuban/Haitian Entrant status, or 3. on or after 8/22/96 and have lived in the U.S. as a qualified noncitizen for at least five years.

Proof of this status includes:

1. resident alien card, (I-551) (commonly referred to as a "green card"). 2. re-entry permit (I-327), or 3. foreign passport with a stamp stating "temporary evidence of lawful permanent resident status".

Note: LPRs who entered after 8/22/96 are subject to the five-year ban, except lawfully residing children up to age 19.

LPRs who are in the five-year ban may be eligible for Emergency Medicaid for Aliens, (EMA). 1450.0106.01 Noncitizens Serving in the United States Armed Forces (CIC) Noncitizens serving in the United States Armed Forces (Army, Air Force, Navy, Marines, or Coast Guard) on active duty for purposes other than training, noncitizen veterans honorably discharged from the United States Armed Forces for reasons other than noncitizen status, who have met the minimum active duty service requirements of Section 5303A(d) of Title 38, United States Code (24 months or the period for which the person was called to active duty), and their spouses and unmarried dependent children, are eligible to receive Medicaid on the factor of noncitizen status.

Verification of active duty military status includes:

1. a current Military Identification Card (DD Form 2) that lists an expiration date of more than one year from the date of determination. If the expiration date is less than one year, the individual will need to present a copy of current military orders, 2. verification through the nearest Real Time Automated Personnel Identification System (RAPIDS), or 3. contact with DEERS Support Office Attention: Research and Analysis 400 Gigling Road Seaside, California 93955-6771 Fax (408) 655-8317.

Proof of honorable discharge:

The discharge certificate (DD Form 214) or its equivalent indicates the type of discharge. If the individual is not in possession of their discharge certificate, the specialist should refer the individual to the local Veteran Administration Regional Office for a determination of the individual's veteran status.

Note: If the individual's discharge certificate indicates an original enlistment date in the Armed Forces prior to September 7, 1980, there is no minimum active duty service requirement.

Chapter: 1450 Technical Requirements Program: CIC 5

An unmarried dependent child is defined as:

1. the biological or legally adopted dependent child of an honorably discharged veteran or an active duty member of the U.S. Armed Forces, 2. not married, and 3. under the age of 18 or under the age of 22 if a full-time student.

An un-remarried noncitizen surviving spouse may also be eligible when the:

1. veteran spouse was a Filipino described in Section 107 of Title 38, U.S. Code. (individuals who served in the Philippine Commonwealth Army during World War II or as a Philippine Scout following the war); or 2. spouse died while on active duty, provided the surviving spouse has not remarried and the marriage fulfills the requirements of Section 1304 of Title 38, U.S. Code.

Section 1304 defines marriage as having met one of the following conditions:

1. The surviving spouse was married to the veteran or active duty military personnel within 15 years after discharge in which the injury or disease leading to the death of the veteran or active duty personnel was incurred or aggravated (not a factor if the individual died while on active duty) and was married for a period of at least one year. or 2. A child was born during the relationship between the individual and the veteran or active duty military personnel either during or before the marriage.

Note: These individuals are not subject to the five-year ban. 1450.0106.02 Amerasians (CIC) Amerasians born in Vietnam fathered by a U.S. citizen and admitted to the U.S. as immigrants under Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988 are eligible for Medicaid, on the factor of citizenship.

Proof of this status includes unexpired temporary USCIS Form I-551 with code AM6, AM7, or AM8, or USCIS Form I-94 with codes AM1, AM2, or AM3.

Note: These individuals are not subject to the five-year ban. 1450.0107 Asylees (CIC) Noncitizens granted asylum under Section 208 have received permission to remain in the U.S. based on a “well-founded fear of persecution” should the individual return to the individual’s native land may be considered for asylum. A prospective asylee applies for asylum after entering the U.S., a U.S. territory or a U.S. embassy.

Proof of this status includes:

1. USCIS Form I-94 showing grant of asylum under Section 208, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(5), 3. USCIS Form I-766 (Employment Authorization Card) annotated A5, 4. grant of asylum letter from the Asylum Office of the USCIS indicating this status is granted, 5. order of an immigration judge granting asylum, or 6. other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban.

Chapter: 1450 Technical Requirements Program: CIC 6 1450.0108 Refugees (CIC) Refugees are defined as those noncitizens given permission to enter the U.S. under Section 207 of the Immigration and Nationality Act (INA). These noncitizens have applied to be admitted to the U.S. based upon a well-founded fear of persecution in their homeland. Persecution must be due to race, religion, nationality, social or political ties and cannot be economic in nature.

Proof of this status includes:

1. USCIS Form I-94 or I-551 bearing Section 207, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(3), 3. USCIS Form I-766 annotated A3, 4. USCIS Form I-571 (Refugee Travel Document), or 5. other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban. 1450.0109 Victims of Human Trafficking (CIC) Victims of severe forms of human trafficking are eligible for benefits to the same extent as a noncitizen who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act. The only exception is the human trafficking victim will not provide USCIS documents. Adult victims will provide a certification letter from the Department of HHS. Children under 18 years old are not required to be certified and will instead be provided an eligibility letter. The agency will accept the certification letter for adults or the eligibility letter for children in place of USCIS documentation.

Before approving these individuals for benefits, the validity of the certification or eligibility letter must be confirmed by calling the HHS’ Office of Refugee Resettlement (ORR) at (866) 401-5510. The call will advise ORR of the benefits for which the individual has applied and ORR will verify whether or not the individual is a trafficking victim.

Certain family members of victims of human trafficking are now potentially eligible for Medicaid. This includes the spouse and children of a trafficking victim 21 years of age or older. If the severe trafficking victim is under 21 years of age, parents, spouses, children, and unmarried siblings under 18 on the date of the “T” visa’s application are eligible, if they meet all other program criteria. These family members will have a nonimmigrant “T” Visa, with no additional USCIS documentation.

Note: These individuals are not subject to the five-year ban.

Note: Do not use the Verification Information System - Customer Processing System (VIS-CPS) for these individuals, as VIS-CPS does not contain information about them.

Potential Child Trafficking Victims: Potential child trafficking victims are eligible for federally funded benefits and services for up to 90 days pending a final trafficking eligibility decision. An “Interim Assistance Letter” issued to potential child victims by the Department of HHS, Office of Refugee Services (ORR) will certify this status. These children are eligible for benefits beginning with the eligibility began date on the interim assistance letter. ORR will issue a final trafficking determination on the child within this interim period. If denied a final trafficking status, terminate benefits at the end of the month in which the 90th day falls.

Chapter: 1450 Technical Requirements Program: CIC 7 1450.0110 Parolees (CIC) Parolees under Section 212(d)5 for at least one year; Noncitizens granted temporary parole status for a total period of at least one year by the Attorney General under Section 212(d)(5) of the Immigration and Nationality Act (INA) are eligible for on the factor of noncitizen status. Verification for this status includes:

1. USCIS Form I-94 indicating that the individual has been paroled under this section of the INA, or 2. USCIS Form I-688 with codes 274a.12(a)(4), 274a.12 (c)(11), or 3. USCIS Form I-766 with codes A4 or C11, or 4. other conclusive documentation of this status.

Note: If the USCIS document does not reflect at least a one-year period, the eligibility specialist must institute secondary verification.

Note: These individuals are subject to the five-year ban if the entry date is after 8/22/96 except lawfully residing children up to age 19. 1450.0111 Deportation Withheld (CIC) A noncitizen whose deportation has been withheld pursuant to Section 243(h) or 241(b)3 of the Immigration and Nationality Act (INA) may be eligible for Medicaid on the factor of noncitizen status.

Verification of this status includes:

1. an order from an immigration judge showing that deportation has been withheld under Section 243(h) of the INA as in effect prior to April 1, 1977, or removal withheld under 241(b)(3). 2. USCIS Form I-766 (Employment Authorization Card) annotated A-10. 3. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12.(a)(10).

The court will include the date deportation was withheld. If the applicant does not present a court order, do secondary verification.

Note: These individuals are not subject to the five-year ban. 1450.0112 Cuban/Haitian Entrants (CIC) Cuban/Haitian Entrants as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 any national of Cuba or Haiti who:

1. was granted parole status as a Cuban/Haitian Entrant (status pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; or

2. any other national of Cuba or Haiti who:

a. was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act (INA); b. is the subject of exclusion or deportation proceedings under the INA; c. has an application for asylum pending with the USCIS, and with respect to whom a final, non-appealable, and legally enforceable order of deportation or exclusion has not been entered; or d. has special immigrant juvenile status.

Chapter: 1450 Technical Requirements Program: CIC 8

Verification for this status includes:

1. USCIS Form I-94, stamped paroled as "Cuban/Haitian Entrant, Status Pending", 2. USCIS Form I-55I with code CU6 or CH6, 3. unexpired temporary I-55I stamp in foreign passport, 4. USCIS Form I-94 with code CU6 or CH6, or 5. other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban. 1450.0113 Battered (CIC) A battered spouse or child, or parent or child of a battered person with a petition pending under Section 204(a)(1)(A) or (B) or 244(a)(3), as determined by USCIS are defined as noncitizens who are, or have been battered or subjected to extreme cruelty in the United States by a family member with whom they reside. This includes a noncitizen whose child or a noncitizen child whose parent has been abused. The phrase battered or subjected to extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence.

Noncitizens who claim to be battered must satisfy all of the following requirements:

1. Show that noncitizen has an approved or pending petition which makes a prima facie case for immigrant status in one of the following categories:

a. a Form I-130 filed by their spouse or the child's parent; b. a Form I-130 petition as a widow(er) of a U.S. citizen; c. an approved self-petition under the Violence Against Women Act (including those filed by a parent; or d. an application for cancellation of removal or suspension of deportation filed as a victim of domestic violence.

2. The noncitizen, the noncitizen's child or the noncitizen child's parent has been abused in the U.S. under the following circumstances:

a. The noncitizen has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse's or parent's family residing in the same household if the spouse or parent consent to the battery or cruelty. b. The noncitizen's child has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse's family residing in the same house if the spouse or parent consents to the battery or cruelty, and the noncitizen did not actively participate in the battery or cruelty. c. The parent of a noncitizen child has been battered or subjected to extreme cruelty in the U.S. by the parent's spouse, or by a member of the spouse's family residing in the household as the parent, if the spouse consents to or allows such battery or cruelty.

3. The battered noncitizen, child, or parent no longer lives in the same household as the abuser(s).

4. There is a substantial connection between the battery or extreme cruelty and the need for public assistance.

Chapter: 1450 Technical Requirements Program: CIC 9 Proof of the battered status includes:

1. individual’s statement for proof of no longer living with the abuser and direct connection between battery and need for public assistance. 2. approved petitions or orders granted by USCIS. 3. restraining order or criminal conviction against the abuser. 4. charges brought about that lead to the conviction of the abuser, or 5. credible evidence of the abuse which includes but is not limited to, reports or affidavits from law enforcement, judges or other court officials, medical personnel, school officials, social workers, mental health providers, other social service agency personnel, legal documents, residence in a battered spouse shelter or similar refuge, photographs of the injuries, or sworn affidavits from friends, family members, or other third parties with personal knowledge of the battery or cruelty.

The eligibility specialist cannot delay authorization of an application or request for additional assistance while awaiting verification to establish battery or extreme cruelty. If it is later discovered that the noncitizen does not meet these criteria, a Benefit Recovery referral must be made.

Note: These individuals are subject to the five-year ban if entry is after 8/22/96 except lawfully residing children up to age 19.

Note: The eligibility specialist does not need to determine if the battered noncitizen meets the three criteria listed above for noncitizens who meet one of the other qualified noncitizen statuses unless it is to the noncitizen's advantage such as sponsored noncitizens. 1450.0114 Verification Requirements for Noncitizens (CIC) The eligibility specialist must verify the immigration status of all non-U.S. citizens applying for or receiving public assistance benefits through the U.S. Citizenship and Immigration Service (USCIS). Automated verification by telephone is performed first in most cases using the Systematic Alien Verification for Entitlement System (SAVE). If automated verification is not available or further verification is required, manual verification must be used by requesting the information directly from USCIS using USCIS Form G-845 and G845S supplemental form.

If a noncitizen is unable to provide any documentation to verify immigration status, the eligibility specialist is not responsible for contacting USCIS on the noncitizen's behalf unless the individual requests assistance in obtaining documentation or verification of immigration status.

An expired noncitizen registration card does not necessarily mean that the noncitizen lost their immigration status. If SAVE does not indicate the noncitizen has an acceptable status, the noncitizen should be referred to USCIS to obtain current USCIS documentation. If obtaining USCIS documentation would place an undue hardship on the noncitizen, or the noncitizen is hospitalized or suffers from a medical disability, the eligibility specialist must have the noncitizen sign the "Declaration of Citizenship" and continue to process the application. The USCIS documentation provided will be manually verified with USCIS.

Examples of undue hardship include, but are not limited to, living a distance from the USCIS office, lack of transportation, or a several months waiting period for an appointment with USCIS.

If a noncitizen does not have any documentation of immigration status, but can provide the "noncitizen registration number," the eligibility specialist will verify the number using the SAVE system. If the number is verified, and SAVE indicates the individual has an immigration status, this is acceptable documentation of the noncitizen's immigration status for all programs. However, the individual's identity must be verified to ensure the noncitizen registration number belongs to the individual.

Chapter: 1450 Technical Requirements Program: CIC 10 Note: If a noncitizen provides any form of USCIS documentation, regardless of the expiration date, showing an eligible Immigration Act section, the eligibility specialist must accept the documentation and verify the individual's status through the SAVE system. When the SAVE system requests secondary verification, benefits may not be withheld pending response from the secondary verification, providing all other technical eligibility factors are met.

If the secondary verification shows that the noncitizen no longer has an eligible immigration status, a Benefit Recovery referral will be initiated for the total amount of assistance received during the interim investigation period. 1450.0115 VIS-CPS (CIC) VIS-CPS must be completed for noncitizens:

1. at application or reapplication, 2. when adding a noncitizen individual, 3. at every review for individuals who do not have a permanent resident status, and 4. any time there is a change to alien status.

A noncitizen who has what appears to be a “good” USCIS document, when VIS-CPS indicates contradictory information, will be considered potentially eligible until secondary verification is returned confirming the status. Do not hold, deny or terminate benefits waiting for the secondary verification. 1450.0116 Lawfully Residing Noncitizen Children up to age 19 (CIC) Lawfully residing children, up to age 19, are potentially Medicaid eligible, regardless of their date of entry as long as they are in an immigration status considered “lawfully residing”. All technical and financial eligibility requirements must be met, including residency, prior to providing Medicaid (including Medically Needy) coverage.

A child, up to age 19, is considered lawfully residing if the verified immigration status is a: 1. Qualified Noncitizen a. Lawful Permanent Resident (LPR) b. Asylee c. Refugee d. Parolee (more than 1 year) e. Deportation Withheld f. Cuban and Haitian Entrants g. Battered or Abused Child or Child of a Battered Person h. Victim of Human Trafficking 2. Noncitizens with a valid Nonimmigrant Status (visa holders) 3. Paroled for less than 1 year 4. Other: a. Temporary Resident b. Temporary Protected Status (TPS) c. Employment Authorization d. Family Unity Beneficiaries e. Deferred Enforced Departure (DED) f. Deferred Action Status (not including Deferred Action for Childhood Arrivals (DACA)) g. Administrative Stay of Removal h. Approved Visa Petition with a Pending Application for Adjustment of Status 5. Pending Application for Asylum, Withholding of Removal or Convention Against Torture who has also been Granted Employment Authorization or is under age 14 and their application has been pending for at least 180 days 6. Withholding of Removal under the Convention Against Torture

Chapter: 1450 Technical Requirements Program: CIC 11 7. Pending Application for Special Immigrant Juvenile Status 1450.0117 Assistance for Ineligible Noncitizens (CIC) Any noncitizen who does not have an eligible qualified noncitizen status is not eligible for Medicaid on the factor of citizenship. These noncitizens may be eligible for Medicaid through Emergency Medical Assistance for Aliens (EMA), if they meet all other eligibility criteria.

Note: Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements are met. 1450.0118 Noncitizens not Eligible for Assistance (CIC) The following individuals are not eligible for Medicaid on the factor of citizenship status:

1. foreign government representatives on official business and their families and servants; 2. visitors for business or pleasure, including exchange visitors; 3. crewmen on shore leave; 4. noncitizens in travel status while traveling directly through the U.S.; 5. treaty traders and investors and their families; 6. foreign students; 7. international organization representatives and individuals and their families and servants; 8. temporary workers including agricultural contract workers; and 9. members of foreign press, radio, film, or other information media and their families.

Verification of these statuses is usually the I-94, Arrival-Departure Record, Annotated with the letters "A" through "L" (A-2, B-1, etc.).

Note: Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements are met. 1450.0200 SOCIAL SECURITY NUMBER (CIC) The eligibility specialist must obtain a Social Security number (SSN) for each individual or verify that the individual has applied for an SSN as a condition of eligibility. This requirement does not apply for the Emergency Medical Assistance for Noncitizens Program. The purpose of the SSN is to identify income and assets held by an individual.

A verbal statement providing the SSN is sufficient as the SSN is validated through data exchange. If the SSN is unknown or has never been obtained, the individual must:

1. apply for an SSN through the welfare enumeration system at the local DCF office. (Original evidence of age, identification and citizenship or noncitizen status must be sent by the eligibility specialist to the local Social Security Administration (SSA) office with the completed SS-5.); or 2. apply for an SSN through the local SSA office (The SSA filing receipt for application must be presented to the eligibility specialist as evidence that the individual has applied.); or 3. apply for an SSN through the Florida enumeration at birth process. Evidence that the individual has applied includes: a. an SSA 2853 indicating that an SSN was requested at the hospital, b. the child's birth certificate with "yes" annotated in Section 11d, or c. a screen print from BVS with a "y" indicator in the child issue field.

The eligibility specialist must request that SFU members whose income and/or assets are included in the budget, but who are not members of the assistance group, provide their SSN for purposes of data exchange. These individuals are not required to comply with this request.

Chapter: 1450 Technical Requirements Program: CIC 12 Refer to the FLORIDA Desk Guide for procedures for routing the SS-5. 1450.0203 Special Procedures for Children Pending Adoption (CIC) The individual must meet the enumeration requirement if the birth certificate reads "baby boy ___________." The application for the SSN must be submitted with the best documentation available. 1450.0204 When SSN is Not Provided/Refusal to Apply (CIC) If an individual fails to provide or apply for an SSN on his own behalf or on the behalf of the individual's child(ren), the needs of that individual or child, whichever is applicable, must be excluded from the assistance group.

If a child resides in a facility or with a nonrelative and the child's parent, caretaker relative, or designated official of the facility fails to apply for an SSN for that child, the child is ineligible. 1450.0205 Suspected and Confirmed Multiple SSNs (CIC) Suspected multiple SSNs exist when the eligibility specialist has reason to believe that an individual has more than one SSN.

Confirmed multiple SSNs exist when an individual presents different Social Security cards with the same or similar names and different numbers.

One of the following actions must be taken if either of these situations arises:

1. the individual must be asked to clarify the problem with the SSA office, or 2. the eligibility specialist must copy the SS cards, complete an SS-5 for each SSN and send the forms to the SSA office. 1450.0206 SSN Application Follow-Up (CIC) The eligibility specialist must request an SSN at each future contact, once the application for an SSN has been made.

After 90 days, if an individual who has applied for an SSN has not received an SSN, the eligibility specialist must determine if another SS-5 should be submitted.

1450.0207 SSNs Not Validated Through Data Exchange (CIC) If validation does not occur through data exchange, the eligibility specialist must obtain verification of the individual's SSN to ensure the correct number is being submitted for verification. The following documentation is acceptable:

1. SS card; 2. correspondence from SSA containing the individual's name and account number (if the number has an A, J, M or T suffix, this is the SSN); 3. a Social Security check issued on the individual's own account number; 4. a Medicare card issued on the individual's own account number (if there is an A, J, M or T suffix, this is the SSN); or 5. an SSA certificate of award which will contain a claim number (if there is an A, J, M or T suffix, this is the SSN).

The eligibility specialist must establish that coverage is provided under the individual's own account number and not as a beneficiary under another's account number. 1450.0300 RESIDENCY (CIC)

Chapter: 1450 Technical Requirements Program: CIC 13 In order to receive public assistance, all individuals must be eligible on the factor of residency. 1450.0303.01 Residency Requirements (CIC) An individual must satisfy one of the following residency requirements:

1. Reside in the State of Florida with the intent to remain. 2. Be living in the State of Florida for employment purposes. or 3. Some individuals in the U.S. with a valid temporary Visa and their U.S. born children may meet the Florida residency requirement if they verify their residency and state an intent to remain. Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements, including residency, are met. Examples of verification of residency include:

a. employment or school records, b. bank statements, c. lease agreements, d. utility bills, e. Florida driver’s license or state ID card, and f. other reliable information. 1450.0303.02 Residents of Florida (CIC) Residency exists when the intent of the individual is to remain in the state. Residency is not dependent upon the duration of the stay. Residency does not exist when the stay is for a temporary purpose such as a vacation and there is intent to return to a residence in another state.

When a child is in the child's usual family setting, the residency of the child is considered in the context of the family situation. If the child leaves the family setting to reside elsewhere, residence is determined based on the extent and nature of the child's own stay.

A child is considered a resident when the parent or caretaker relative is a migrant agricultural worker who maintains Florida as a home for the children and intends to return to Florida.

Note: Children born in the U.S. of undocumented or ineligible noncitizen parents residing in the state may meet the residency requirement if they intend to remain even if parents may not legally remain due to USCIS status. Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements, including residency, are met. 1450.0304.01 Interstate Placements (CIC) Placements under the Interstate Compact on Adoption and Medical Assistance (ICAMA) ensure the interests of children receiving adoption subsidy are protected when the adopting parents move to or are residents of another state. Florida is a member state of the ICAMA.

A Title IV-E child who receives adoption assistance and is placed in Florida by another state is automatically eligible for Florida Medicaid. A Title IV-E child who receives adoption assistance and is placed by Florida into another state is automatically eligible for Medicaid in the state in which the child lives. Title IV-E eligibility is determined by the sending state according to their eligibility requirements. The receiving state makes no independent determination of Medicaid eligibility, as the child is automatically eligible.

A non-Title IV-E child who receives adoption assistance, placed out of state by Florida in an ICAMA member state, is eligible for Medicaid in the state in which the child lives. A non-Title IV-E child who receives adoption assistance, placed in Florida by an ICAMA member state, is considered a resident of Florida and is eligible for Florida.

Chapter: 1450 Technical Requirements Program: CIC 14 A non-Title IV-E child, who receives adoption assistance, moving to Florida from a non-ICAMA member state, is not considered a resident of Florida and is not eligible for Florida Medicaid. A non-Title IV-E child, who receives adoption assistance, moving to a non-ICAMA member state from Florida, shall retain Florida Medicaid. 1450.0304.02 Delinquent Youth in Residential Facilities (CIC) This policy applies only to CIC cases, specifically delinquent youth in residential facilities.

Only delinquent youth who are committed to the Department and who reside in a residential facility that meets the following criteria are potentially eligible for Medicaid. The facility must be a nonprofit nonsecure and privately owned facility; or a state operated nonsecure facility and has 16 beds or less. 1450.0309 Residency Verification (CIC) If residency is established by intent to remain in the state, verification is only necessary when the residency statement is questionable.

Residency due to employment purposes must be verified. Verification includes but is not limited to the following:

1. home visits, 2. collateral contacts, 3. rent/mortgage or utility receipts, 4. other forms of ID, 5. driver's license records, 6. letter of employment offer, or 7. letter from employment agency. 1450.0310 Temporary Absence from the State (CIC) An individual may be temporarily absent from the state if the person intends to return when the purpose of the absence has been accomplished, unless another state has determined the individual is a resident there for purposes of Medicaid. 1450.0500 AGE (CIC) Children in the assistance group must meet requirements for the factor of age in order for the assistance group to be eligible. 1450.0502 Age Requirements for Children (CIC) A child must be under age 18 in the Title IV-E Foster Care Program to be eligible for Title IV-E benefits. A Title IV-E foster child that exits foster care at age 18 may continue to be Medicaid eligible on the factor of age until the age of 21.

A non Title IV-E child that exits foster care at age 18 may remain Medicaid eligible on the factor of age until 21 years of age. 1450.0504 Definition of a Child (CIC) A child is unmarried when the child has never been married or was married and the marriage was annulled.

A child is eligible to receive assistance on the factor of age through the month of the child's appropriate birthday unless born on the first day of the month. Eligibility then ceases effective the birth month.

Chapter: 1450 Technical Requirements Program: CIC 15 1450.0505 Verification of Age (CIC) The parent or caretaker relative’s statement of the child's birth date and marital status is sufficient to verify age. If information is questionable, documentation must be obtained.

Sources of acceptable documentation when verification is needed include:

1. the birth certificate, 2. hospital certificate, 3. medical records, 4. BVS, 5. DH form 432, “Consenting Affidavit Acknowledging Paternity”, 6. physician’s statement, or 7. census records. 1450.0700 DEPRIVATION (CIC) Each child in the assistance group must be deprived of the support or care of one or both parents except for PMA related Medicaid.

Each child in the assistance group must be deprived based on one of the following reasons:

1. death of one or both parents, 2. existence of only one legal parent, 3. continued absence of one or both parents, 4. incapacity of one or both parents, or 5. unemployment or underemployment of the parent(s).

For Child in Care, deprivation requirements must be met for the Title IV-E FC Program only. Refer to Chapter 800, Ongoing Case Processing, for additional information. 1450.0701 Who is considered a Parent (CIC) A “parent” is defined as:

1. the natural or biological mother of the child, 2. the adoptive mother or father, 3. the natural or biological father of the child, or 4. the legal father.

Refer to passages 1450.0702 and 1450.0703 for definitions of natural biological fathers and legal fathers. 1450.0702 Definition of Biological Father (CIC) An individual is the biological father when he or the child's mother alleges that he is the biological father, and the Department has made a nonjudicial determination of paternity.

When the child has a legal father and the mother alleges that someone else is the biological father, the alleged biological father cannot be considered the child's parent until paternity of the alleged biological father is legally established. In this situation, the alleged biological father's presence in the home does not affect deprivation.

Note: Under these circumstances, even if the biological father cannot be considered the child's parent for the purpose of establishing deprivation, the biological father can be considered a specified relative if the eligibility specialist makes a "nonjudicial" determination of paternity. Refer to passage 1450.0803.

Chapter: 1450 Technical Requirements Program: CIC 16 1450.0703 Definition of a Legal Father (CIC) An individual is considered the legal father if:

1. married to the mother at the time of the child's conception or birth, 2. he is the natural, biological father who marries the mother after the child's birth and there was no legal father at the time of the marriage, 3. paternity has been legally established, 4. procedures to amend the child's surname on the birth certificate have been conducted, or 5. the individual is the adoptive father.

This legal relationship supersedes any subsequent allegation of paternity for a natural biological father.

1450.0704 When an Individual Becomes a Parent (CIC) An individual becomes a parent under the following circumstances:

1. ceremonial marriage, 2. common-law marriage, 3. being a biological parent, 4. establishing paternity, or 5. adoption. 1450.0705 Ceremonial Marriage (CIC) A ceremonial marriage is a wedding ceremony in which a marriage license is obtained. The ceremony must be performed by a religious official, judge, notary, or other individual authorized by law to perform weddings.

Individuals become parents if they marry under either of the following circumstances:

1. In cases in which prior individual marriages exist, a subsequent marriage is still considered binding until determined otherwise by a court of competent jurisdiction. If the legality of a marriage is questioned, the case should be cleared with the District Legal Counsel.

2. If the mother of a child born out of wedlock and the alleged father marry each other at any time after the child's birth, they become the child's parents. A couple considered to be legally married under the laws of another state or country are considered to be legally married for purposes of determining a child's eligibility for public assistance in Florida. 1450.0706 Biological Parents (CIC) Biological parents, the birth mother and the natural biological father are considered parents of the child, except as noted in passage 1450.0705. When a mother and natural father both reside in the home, the eligibility specialist must make a nonjudicial determination of paternity in order to establish if deprivation exists. 1450.0707 Common-Law Marriage (CIC) Children born to a father and mother who had a "common-law" marriage which occurred in Florida prior to January 1, 1968, are considered legitimate. After January 1, 1968, Florida law does not provide for legalization of a new common-law relationship, unless it occurred in another state or foreign country under that state's or country's laws. Information given by the parent or relative concerning the dates and circumstances of the "common-law" marriage should be obtained. Mothers and fathers married through these "common-law" marriages are considered parents.

Chapter: 1450 Technical Requirements Program: CIC 17 1450.0708 Establishment of Paternity (CIC) An individual is considered a parent when paternity is established by one of the following methods:

1. civil court action through a paternity suit followed by the issuance of a court order declaring the natural father to be the legal father; 2. written acknowledgment of fatherhood by the natural father in the presence of a juvenile court judge; 3. establishment of paternity in another state; 4. the father's voluntary placement of his surname on the child's Florida birth certificate when both parents request in writing that his name be shown; or 5. a signed, notarized statement by the father stating that he is the child's father under the penalty of perjury and fraud prosecution (such as CF-ES Form 432, "Consenting Affidavit Acknowledging Paternity").

An Application for an Amended Certificate of Birth by Acknowledgment of Paternity must be signed by both parents in the presence of a notary and must be issued by the DH Office of Vital Records. Information given by the parent or relative concerning the date and circumstances under which the parents took this action is sufficient to establish that paternity has been declared for the child. 1450.0709 Adoption (CIC) Legal adoption supersedes other parental relationships (biological and marital ties). When a parent dies and the child is adopted by the stepparent, the child's relationship to the deceased parent's relatives remains intact. 1450.0712 Reasons for Deprivation (CIC) Children and unborn child(ren) must be deprived of the support or care of their mother or father (legal or non-legal natural father). When a pregnant woman is married, the man to whom she is married is presumed to be the legal father of the unborn child.

Deprivation can exist for the following reasons:

1. the mother and legal father live in the home and one or both are incapacitated; 2. a parent is continuously absent from the home due to death, desertion, marital separation, incarceration, or divorce; 3. the natural father is continuously absent from the home (if there is no legal father); or 4. the mother and father (legal or non-legal) live in the home and their income is below the payment standard for the size of their assistance group.

Note: When the non-legal father resides in the home with the child and the mother, and denies that he is the natural father of the child, deprivation is considered to exist until such time as paternity is established. 1450.0713 Deprivation Due to Death (CIC) A child is deprived when one or both parents are deceased. The surviving parent or caretaker relative must provide information on the deceased parent's date and place of death. The individual's statement is sufficient unless questioned. Whenever possible, the eligibility specialist must secure additional information, such as:

1. death certificate, 2. funeral director's records, 3. hospital/cemetery records, 4. police records, 5. newspaper notice,

Chapter: 1450 Technical Requirements Program: CIC 18 6. Social Security records, or 7. military or VA records.

The possibility of the child being eligible for survivor's pensions, of any type, must be explored. This information must be recorded at application and each complete eligibility review. 1450.0714 Deprivation Due to Single Parent Adoption (CIC) Deprivation due to the absence of one legal parent from the home is considered to exist in cases in which a single individual adopts a child, regardless of whether the parent later marries, and the spouse becomes the adopted child's stepparent. For purposes of Child Support Enforcement requirements, there is no absent parent in these cases. 1450.0715.01 Continued Absence of One or Both Parents (CIC) A child is considered to be deprived when one or both parents are continuously absent from the home. This occurs when:

1. a parent(s) is(are) anticipated to be absent from the home for at least 30 days duration without interruption; 2. this absence is the result of desertion, separation, divorce, incarceration, or removal of custody due to a court order; or 3. the parents have never resided in the home or may not have assumed parental responsibilities. 1450.0715.02 Reasons for Continued Absence (CIC) There are six general reasons for continued absence. They are:

1. marital separation, 2. incarceration, 3. desertion, 4. divorce, 5. legal prohibition against living with the child, or 6. other. 1450.0716 Marital Separation (CIC) Separation exists when there is a break in the marital ties; however, the absent parent is fulfilling some of his responsibilities for the care, supervision, or support of the child.

If the separation was "planned" and does not break marital ties, deprivation does not exist. Separations for economic stability, education, or employment purposes would be in this category.

Information must be obtained from the parent or caretaker relative concerning the circumstances of the separation, such as: the absent parent's address and the contacts he maintains with the family, the date the separation occurred, and the frequency of contact. Contact with the absent parent must be made to confirm separation information and verify child support. The contact with the absent parent must be recorded. If a contact is not possible, this fact must also be recorded. 1450.0717.01 Incarceration (CIC) Incarceration is confinement of a parent by court action in a jail, prison, halfway house, or Work Release Program. If a convicted offender is permitted to live at home and perform unpaid work while serving a court imposed sentence, deprivation exists due to incarceration during this time frame. Information given by the parent or caretaker relative concerning the date and place of confinement and the anticipated date of release or parole is sufficient to verify incarceration. If incarceration is questioned, the eligibility specialist must secure additional facts from such sources as court, police, jail, prison or parole records.

Chapter: 1450 Technical Requirements Program: CIC 19

Note: Individuals confined due to "house arrest" are not considered to be incarcerated. In this situation, if both parents reside in the home, the child is not considered deprived due to continued absence.

A partial eligibility review must be scheduled for the anticipated month of release from incarceration. 1450.0717.02 Incarceration Ends (CIC) When the parent who was incarcerated returns to the home, deprivation is evaluated based on incapacity or unemployment/underemployment for two-parent families. The eligibility specialist will ex parte the Medicaid to other Medicaid coverage groups as appropriate. 1450.0718 Determination of Desertion (CIC) Desertion exists when one or both legal parents have completely abandoned all responsibilities for the care, guidance, supervision, and support of a child.

To determine if desertion has occurred, the eligibility specialist must obtain information from the parent or caretaker relative concerning the following:

1. circumstances of the desertion, 2. the absent parent's address, and 3. the contacts that the individual maintains with the family.

Verification of desertion may be obtained through contacts with:

1. family members, 2. friends, and/or 3. school personnel (who can provide address verification of the child and the individual to contact in an emergency situation).

Note: If the caretaker relative of a child indicates that the parents are living together apart from the child, a decision as to whether the child is temporarily absent from the home must be made. If it is determined that the child is temporarily absent from his parent's home, then he is not eligible for IV-E benefits. 1450.0719 Divorce (CIC) Divorce is a legal severance of marital ties. Information must be obtained from the parent or caretaker relative concerning the date and place the divorce was obtained. Divorce information must be recorded at application and each eligibility review. The eligibility specialist should request a copy of the divorce decree if the information is questionable. Examples of questionable circumstances would be:

1. When there are questions as to current ownership of joint marital assets. 2. When there are questions concerning possible income from alimony or child support payments. 3. When there are questions concerning which parent has primary custody of children.

If parents are awarded joint custody of the child and visitation provides for partial residence with each parent, the eligibility specialist must establish one parent as the primary caretaker of the child.

The eligibility specialist must involve both parents in establishing the primary caretaker. The parents must agree on this decision in order for deprivation to exist. If the absent parent is not cooperative, then a verbal statement from the parent is acceptable.

Chapter: 1450 Technical Requirements Program: CIC 20

Once the primary caretaker has been established, the child would be considered temporarily absent during the time period he is with the other parent. 1450.0720.01 Prohibition against Living with Child (CIC) There are three instances involving legal prohibition against living with the child. These are:

1. temporary removal of custody, 2. deportation of a parent from the United States, and 3. resident citizen of a foreign country unable to legally enter the U.S.

1450.0720.02 Temporary Removal of Custody (CIC) Deprivation exists when children are temporarily removed from the custody of their parents. Parental rights may be temporarily terminated when a child is removed by court order from the custody and control of his parents. Such parents continue to have the obligation to support the child and may have visitation rights.

Clearances must be made with the Region or Circuit Program Office in these instances where both parents from whom custody has been removed are no longer continually absent from the home. Documentation as to the date, place, and type of court action must be filed in the case record. Sources of documentation include:

1. current court orders, 2. custody papers, or 3. protective services/child welfare records.

Temporary removal of custody is not the same as permanent severance of parental rights. Severance or termination of parental rights is a legal action by which parental rights are permanently removed and the parents generally do not continue to have the obligation to support the child and visitation rights are denied. 1450.0720.03 Deportation of a Parent (CIC) Deprivation exists when a parent is deported from the United States. Information given by the parent or caretaker relative concerning the date and place of deportation is sufficient verification to establish the fact of deportation. If deportation is questionable, the eligibility specialist may obtain additional information through immigration records. 1450.0720.04 Resident Citizen of a Foreign Country (CIC) Deprivation exists when one or both parents are resident citizens of a foreign country and are unable to legally enter the United States. Information given by the parent or caretaker relative concerning the reasons that the absent parent cannot enter the U.S. is sufficient to establish the factor of deprivation if it is for political or medical reasons, and it is known that current immigration laws prohibit entry into this country for the specific reason given.

When two parents are residing together apart from the child, and one or both parents are unable to legally enter the U.S., deprivation exists. If ability to legally enter is questioned, the eligibility specialist must obtain all pertinent facts and request assistance from USCIS. 1450.0721.01 Other Continued Absences (CIC) Deprivation due to continued absence is considered to exist when:

Chapter: 1450 Technical Requirements Program: CIC 21 1. the nonlegal father is not living in the home with the mother and child or pregnant woman; or 2. the mother or legal father lives apart from the child. 1450.0721.02 Verification - Other Continued Absences (CIC) Information must be obtained from the primary information person concerning the circumstances of the continued absences. 1450.0722 Incapacity (CIC) Exists when both parents live together:

1. and one or both parents are determined to be physically or mentally incapacitated. 2. although one parent is absent due to an incapacitating condition. 1450.0722.01 Definition of Incapacity (CIC) Incapacity exists when the parent has a physical or mental illness, impairment, or defect supported by medical evidence and expected to last longer than 30 days. The incapacity must be severe enough to substantially reduce or entirely eliminate the individual’s ability to support or care for the child.

A parent who has an incapacitating condition must either be:

1. unable to work; 2. unable to engage on a full-time basis in his usual occupation including caring for his children or any comparable alternate occupation available in the community; 3. able to engage full-time in an occupation, but accepts substantially reduced wages due to the debilitating nature or effects of the condition, (consideration must be given to the limited employment opportunities available to handicapped individuals); or 4. handicapped or disabled his entire life. 1450.0722.02 Verification of Incapacity (CIC) Incapacity is established by one of the following:

1. the receipt of Social Security (RSDI) or SSI benefits on the basis of disability or blindness; 2. a medical statement from a licensed physician that an incapacity or disability exists; 3. receipt of Workers’ Compensation, Vocational Rehabilitation, Veteran Disability or other public assistance benefit when eligibility is conditional upon a determination of incapacity or disability; 4. pending SSI or SSDI application supported by a medical diagnosis of disability; 5. clinic records; or 6. hospital records (medical or psychiatric).

The Department will review the incapacity if the parent’s condition is expected to improve sufficiently or the parent will resume functioning at a usual level of competency. The review must be scheduled for the month the change is expected to occur. 1450.0722.03 Gathering Incapacity Information Applications (CIC) Since incapacity is not a factor in determining family Medicaid eligibility, applicants will not be pended for incapacity verification. Applicants will only be pended for disability information when necessary to establish SSI-Related Medicaid eligibility. 1450.0722.04 Gather Incapacity Information Ongoing (CIC)

Chapter: 1450 Technical Requirements Program: CIC 22 Information must be obtained on active cases when a need for care exemption is claimed by the caregiver and:

1. an incapacity is anticipated to end; or 2. when the RWB notifies the agency of a change in the incapacitated individual’s medical condition. 1450.0722.05 Resuming Level of Employment/Care (CIC) When the parent’s incapacity ends, eligibility for the appropriate coverage group where incapacity is not a factor must be explored. 1450.0724.01 Unemployment/Underemployment (CIC) Deprivation exists due to unemployment/underemployment when both parents (the mother and legal or non-legal father on whom a non-judicial determination of paternity has been made) lived with the child at time of removal, and one parent is determined to be the primary earner and meets special unemployed criteria. 1450.0724.05 Verification of Unemployment/Underemployment (CIC) Unemployment is verified by one of the following:

1. If the PE claims no current employment, the eligibility specialist must verify any loss of employment that occurred within the prior 60 days. 2. If the PE is employed, the eligibility specialist must verify the number of hours worked during each month for which benefits are authorized at the time of application disposition. 3. If the PE is employed intermittently 100 hours or more per month, the eligibility specialist must also verify the number of hours worked during the two months prior to the month of approval and the anticipated number of hours to be worked the month following month of approval.

Note: If neither the assistance group nor the eligibility specialist can obtain required verification, a policy exception must be requested from the Region or Circuit Program Office. 1450.0800 LIVING IN THE HOME (CIC) A child must be living in a home maintained by a parent or specified relative as a condition of eligibility. 1450.0801 Living in the Home of a Specified Relative (CIC) Eligibility for Title IV-E matching funds for Adoption Assistance exists when the minor child would have been eligible if an application for cash assistance had been made and all other Title IV-E requirements are met. The child must also have been removed from the home of a parent or specified relative.

Note: Remember CIC is based on the cash assistance state plan in effect as of July 16, 1996.

Eligibility for Title IV-E matching funds for Foster Care exists when the minor child would have been eligible if an application for cash assistance had been made and all other Title IV-E requirements are met. The child may be removed via a court order from a parent or specified relative. If the child is being voluntarily placed, the removal home must be either a parent or legal guardian and that guardian must also be a specified relative in order for the state to claim IV-E reimbursement for the child.

Chapter: 1450 Technical Requirements Program: CIC 23 1450.0802 Definition of Parent/Specified Relative (CIC) The individual with whom the child resides must be related to the child as specified in the following groups:

1. mother;

2. father, legal or biological;

3. Note: When there is both a legal and biological father, the biological (natural) father is considered a specified relative rather than a parent. Refer to passage 1450.0803 for information about nonjudicial determinations of paternal relationship.

4. blood relatives, including those of half-blood, within the relationship of siblings, first cousins, nephews, nieces, aunts, uncles and individuals of preceding generations as denoted by prefixes of grand, great, great-great, or great-great-great. This group includes relatives within the fifth degree of kinship to the dependent child; therefore, this includes first cousins once removed (children of first cousins), but not second cousins;

5. stepfather, stepmother, stepbrother, and stepsister (The parent of the stepparent does not meet this degree of relationship.);

6. an individual who legally adopts a child or the child's parent, as well as the natural and other legally adopted children and other relatives of the adoptive parents; and

7. legal spouses of any individuals named in the above groups even though the marriage terminated by death or divorce.

Note: A child's adoption severs his legal ties to his biological parents; however, it does not terminate his blood relationship to his family. Even after adoption, the biological parents and relatives continue to meet the specified degree of relationship required under AFDC/TCA policy. However, the parents of the child are considered specified relatives, not parents, and therefore have their needs, income, and assets treated accordingly. 1450.0803 Verifying Parenthood/Specified Relationship (CIC) The mother, legal father, maternal relatives and relatives of the legal father must provide sufficient information to explain their exact relationship to the child. The verbal statement of the individual is sufficient unless questioned.

For a natural biological father, or his relatives, the eligibility specialist must make a nonjudicial determination of paternal relationship and record this information. Any two of the following sources may be used to substantiate this relationship:

1. Birth certificate(s) containing the name(s) of the alleged parent(s) through which the relationship exists. If the natural, biological father requests or receives assistance, the birth certificate of the child is sufficient. If a relative of the natural (biological) father requests or receives assistance, the relative must also produce a birth certificate showing his relationship to the father. 2. Written or oral statements verifying paternal relationship from individuals who have personal knowledge of the blood relationship. These statements may be from a natural or legal parent, friend or relative. The eligibility specialist must record the name, address, and telephone number (if available) of the individual giving the statement, and an explanation of their knowledge of the blood relationship. 3. Other verification or documentation that verifies the alleged relationship. 1450.0804 Sources of Verification (CIC)

Chapter: 1450 Technical Requirements Program: CIC 24 The following sources of verification may be used when the information is insufficient to explain the relationship or if a nonjudicial determination of paternal relationship is necessary:

1. birth certificates of the child, relative, and intermediary relatives; 2. marriage licenses, divorce records or other court records which specify the relationship; 3. adoption papers; 4. hospital birth records or written statements of physicians or midwives who attended the births and remember the names of the people involved; 5. religious records; 6. written or oral statements of individuals in a position to know about the relationship; 7. census bureau records listing the children belonging to a particular family; 8. family bible or other family records which are written in ink and have not been altered (includes wills and deeds to property naming individuals and specifying relationships); 9. social agency records including those of DCF which are at least one year old and which consistently specify the degree of relationship (TCA and Medicaid case records are included under this provision); 10. juvenile court, other court, and hospital records; 11. insurance policies at least one year old in which relationship of the child to the individual is specified; 12. copies of income tax returns listing the child's relationship; 13. school records which specify relationship; 14. an award letter or other acceptable evidence from SSA that RSDI payments have been awarded to a child based on his parent's account; 15. trust documents or related documents; 16. military or veteran's records; 17. USCIS, Indian Agency, or other government or agency records; or 18. newspaper records and local histories. 1450.0805 Definition of Living in the Home (CIC) The child must live on a continual basis in the home of the parent or specified relative. In cases where both parents are awarded joint custody and visitation provides for partial residence with each parent, living in the home may exist if the conditions as outlined in 1450.0719 are met. A home need not be a fixed dwelling. The home is considered the family setting shared by the parent/relative. This "home" may include a group facility such as a drug treatment center, spouse abuse center or maternity home. The parent/relative must assume and continue to take day-to- day care and responsibility for the child in this family setting. The type of facility, length of stay, setting for the child in the facility and responsibility for the child's supervision and care must be carefully evaluated.

Individuals are not considered to be in a family setting or to be "living in the home" and are ineligible for assistance if they are in a licensed maternity home where their care is being paid for by the state.

For Title-IV-E, a child born to a mother who is incarcerated or does not plan to bring the child home from the hospital, the technical factor of living in the home is considered met.

For Title-IV-E foster care, a child must have resided in the home of a parent or specified relative at the time of the voluntary placement, and the relative must be the legal guardian.

1450.0806 Verification/Documentation (CIC) The parent or relative's explanation of his home setting, degree of responsibility and supervision of the child and statement that the child lives in the home are usually sufficient to establish eligibility on this factor. When the information is questioned, or when the parent/relative resides in a group facility, documentation/verification must be obtained. Sources for this include:

Chapter: 1450 Technical Requirements Program: CIC 25

1. home visit by the eligibility specialist, 2. school records, or 3. collateral contacts with landlords, neighbors, or others in a position to know the child's living arrangements, including the administrator of the group facility.

1450.0807 Temporary Absence from the Home (CIC) Temporary absences from the home of the child, parent, or relative of 30 days or less duration do not affect eligibility. Absences of more than thirty days do not affect eligibility when:

1. the parent or relative continues to exercise care and control of the child during the absence; Note: Care and control are considered to exist when the parent/relative continues to have contact with the child through visits, phone calls or mail; and gives directions on the child's care to the substitute caretaker. The child may be cared for in his own home or in the home of the substitute caretaker. 2. a definite plan exists for the absent child or parent/relative to return to the home at the end of the temporary period; and 3. the absence is not for a reason listed in passage 1450.0805.

If the temporary absence is due to out of home residential care, refer to passage 1450.0808 for the absence period allowed.

Note: The parent or relative's statement concerning how the above conditions will be met during the period of absence is usually sufficient. When questioned, the eligibility specialist will secure additional facts from the individual with whom the child will live during the absence. 1450.0808 Children Who Remain Hospitalized (CIC) Children who remain hospitalized following delivery for medical care and do not immediately return to the home for this reason can be AFDC/TCA eligible if other criteria for temporary absence from the home are met.

1450.1500 RECEIPT OF OTHER BENEFITS (CIC) Individuals must receive or be eligible for benefits from other programs as a condition of eligibility for specific types of assistance. 1450.1501 Receipt of Title IV-E Foster Care Benefits (CIC) As a condition of eligibility for Title IV-E Foster Care, the family from which the child has been removed must have been eligible for or received TCA prior to removal of the child from the home. 1450.1502 Receipt/Eligibility of Title IV-E (CIC) When a Title IV-E Foster Care child is placed in Florida by another state, the eligibility specialist must verify that the placing state determined IV-E Foster Care eligibility prior to placement of the child. 1450.1700 CHILD SUPPORT COOPERATION (CIC) Under state and federal law, the state must take action to locate non-custodial parents, establish paternity, and secure all child support, medical support, or other benefits for children receiving public assistance.

Chapter: 1450 Technical Requirements Program: CIC 26

Applicants for and recipients of Temporary Cash Assistance and Medicaid (including caretaker relatives receiving Temporary Cash Assistance) must cooperate with Child Support Enforcement (CSE) as a condition of eligibility unless it is determined that good cause for non-cooperation with CSE exists.

Exceptions: Emergency Medicaid for Aliens (EMA), transitional Medicaid, and Child Only Medicaid cases.

Under federal law, a parent’s cooperation in establishing paternity, assigning rights to medical support and payments, and providing information about liable third parties cannot be required as a condition of a child’s eligibility for Medicaid. Therefore, states are not required to ask about paternity or to seek cooperation in pursuing medical support and third party payments when an application is filed, or a redetermination is done, only on behalf of the child. 1450.1703 Child Support Cooperation Requirement (CIC) Information about the absent parent(s) must be provided to Child Support Enforcement (CSE) by the CIC eligibility specialist for all children in care approved for Medicaid. Non-custodial parent information must be provided to the CIC eligibility specialist by the Children and Families, Juvenile Justice (JJ) or private agency representing the child. 1450.1704 Definition of Cooperation (CIC) Cooperation includes the following:

1. providing complete information required to obtain child support (if information about the non-custodial parent is known by the applicant/recipient but is withheld, the applicant/recipient may face a possible penalty of perjury); 2. completing and signing affidavits attesting to paternity of the child; 3. making court appearances and providing testimony in paternity hearings and support actions; and 4. reporting to the eligibility specialist within 10 calendar days payments of child support made directly to the parent or caretaker relative.

1450.1705.01 Definition of Non-custodial Parent (CIC) The term "non-custodial parent" refers to non-custodial (absent) legal fathers, non-custodial (absent) mothers, and all putative (non-legal biological) fathers. 1450.1705.02 Legal Father and Natural Father (CIC) If both a legal and putative father exists, or the responsibility for support is not clear, the parent or caretaker relative must provide information on each parent. 1450.1707 Good Cause for Failure to Cooperate (CIC) Cooperation in establishing paternity and/or securing support may be contrary to the best interest of the family. In those situations, a parent or caretaker relative may have good cause for not cooperating. Child Support Enforcement (CSE) must advise these individuals of reasons for good cause.

The eligibility specialist must refer the individual to CSE even when it appears that good cause exists. 1450.1708 Reasons for Good Cause (CIC)

Chapter: 1450 Technical Requirements Program: CIC 27 Good cause is determined by Child Support Enforcement (CSE). Good cause may exist when cooperation in establishing paternity or securing child support could result in one of the following conditions:

1. physical harm to the child - examples are broken bones, bruises, burns, lacerations, etc.; 2. emotional harm to the child - examples are poor school performance, sleep disturbances, self-destructive behavior, eating disorders, etc.; 3. physical harm to the parent or caretaker relative which reduces the individual's capacity to care for the child adequately (such as life threatening injury); or 4. emotional harm to the parent or caretaker relative to such a degree that the individual's capacity to adequately care for the child is diminished (such as any psychological disorder or dysfunction which has a serious impact on the individual's abilities as a caretaker).

Good cause may also exist under the following circumstances:

1. the child was conceived as a result of incest or forcible rape, 2. legal proceedings for the adoption of the child are pending before a court, or 3. the parent or caretaker relative is being assisted by a public or licensed private social agency to determine whether or not to relinquish the child for adoption (this circumstance is valid for three months).

Chapter: 1460 Technical Requirements Program: RAP 28 1460.0000 Refugee Assistance Program Refugee cash and medical assistance programs provide cash assistance to those meeting income but not other requirements for Temporary Cash Assistance (TCA), and medical assistance to those meeting income but not other requirements for Medicaid. Single refugee adults, as well as intact families may apply, as deprivation is not a factor in determining eligibility for assistance, and benefits may be approved on the basis of need for single individuals and families.

Individuals are eligible for the Refugee Assistance Program only if determined ineligible for TCA and all other factors of eligibility are met.

Assistance under this coverage group is limited to the first 4 months refugees are in the United States if the date of entry/status was on or after 5/5/25. If the date of entry/status is prior to 5/5/25 assistance is limited to the first 12 months of entry. The 4-month or 12-month period begins with the date of entry/status into the United States.

The following noncitizens are eligible to receive refugee assistance based on their date of entry into the U.S. and if all other factors of eligibility are met:

1. Refugees admitted under Section 207 of the Immigration and Nationality Act (INA); 2. Cubans/Haitians paroled under Section 212(d)5 of the INA; 3. Cuban/Haitian asylum applicant; 4. Cubans/Haitians whose deportation is withheld or granted indefinite stay of Deportation under Section 243(h) or 241(b)3 of the INA as long as a final order of deportation has not been issued; 5. Cuban/Haitian entrants under Section 501(e) of the Refugee Assistance Act of 1980; 6. Amerasians from Vietnam; 7. Victims of Human Trafficking; and 8. Lawful permanent residents who were initially admitted in one of the categories listed above.

Asylees admitted under Section 208 of the INA are eligible to receive refugee assistance if they are within the 4-month or 12-month period of the date they obtained their asylee status. Refugees eligible for refugee cash assistance are automatically eligible for Medicaid. However, the individuals may "opt not to receive" refugee cash assistance, but may continue to receive Medicaid for a period not to exceed the 4-month or 12-month limit depending on the date of arrival or entry as defined above.

1460.0100 CITIZENSHIP/NONCITIZEN STATUS (RAP) The eligibility specialist must evaluate the citizenship/noncitizen status for each individual as a condition of eligibility for public assistance. Citizenship information on those family members who are not applying for benefits is not required. Non-receiving members are to be asked only if they are citizens or noncitizens, not their USCIS status. Citizenship/noncitizen requirements must be met in order to establish eligibility. 1460.0101 Declaration of Citizenship/Noncitizen Status (RAP) Each applicant applying for public assistance must declare in writing whether each individual in the assistance group is a U.S. citizen, or a noncitizen in lawful immigration status.

Chapter: 1460 Technical Requirements Program: RAP 29 An application declaring the citizenship/noncitizen status must be signed under penalty of perjury for all household members applying for assistance as a condition of eligibility. The form must be signed at application and review. An adult applicant or designated representative may sign the application declaring the citizenship/noncitizen status of all members.

1460.0102 Definition of U.S. Citizenship (RAP) U.S. citizens are not eligible for the Refugee Assistance Program (RAP) except U.S. born children of refugees/entrants. Refer to Chapter 2200 on standard filing unit for eligibility of RAP- American born children.

To be considered a U.S. citizen, an individual must meet one of the following conditions:

1. be born in the U.S., D.C., or a U.S. territory, (Puerto Rico, U.S. Virgin Islands, Northern Mariana, American Samoa, Harcon Tract, Swain's Island, and Guam).

Note: If the individual was born in a former U.S. territory while it was a territory, a clarification through the Region or Circuit Program Office is required.

The individuals statement of U.S. citizenship is accepted, unless questionable. If questionable, verification is required.

2. be a naturalized citizen. An individual is a naturalized citizen when U.S. citizenship is gained after his birth either through individual naturalization, or derived from a naturalized parent.

3. be adopted by, a U.S. citizen.

A child acquires citizenship through adoption, if they meet all of the following conditions:

a. the child was adopted while under the age of 16, has been in legal custody of, and has resided with the adopting U.S. citizen parent(s) for at least two years; b. the child is under the age of 18, or was under the age of 18 on February 27, 2001; c. the child is/was residing in the United States in the legal and physical custody of the U.S. citizen parent(s); and d. the child has a qualified noncitizen status.

The child must meet all the above criteria, all at the same time, on at least one day at some point between February 27, 2001 and the present. The child must not have been married at any time on or before the day they meet all of the criteria.

Note: Proof of U.S. citizenship will not be automatically issued to eligible children.

4. be born abroad to a U.S. citizen. Individuals born abroad to a U.S. citizen and who make a written declaration of citizenship to the U.S. Counsel are considered U.S. citizens.

A child born abroad to unmarried parents may acquire citizenship at birth if one of the parents is a U.S. citizen at the time of the child's birth, and legal paternity has been established. To acquire citizenship, a child born abroad to unwed parents need only establish the mother's U.S. citizenship and her residence in the U.S. or U.S. territory prior to the birth of the child.

Citizenship acquired at birth occurs when:

Chapter: 1460 Technical Requirements Program: RAP 30

1. both parents are U.S. citizens and at least one parent resides in the U.S. or a U.S. territory before the birth of the child; or 2. one parent is a citizen and the other is a noncitizen at the time of the child's birth. (Individuals claiming citizenship under this provision must be referred to USCIS to obtain a formal determination of their citizenship.)

Children become U.S. citizens after birth when all the following conditions are met:

1. one parent is a U.S. citizen by birth or naturalization, 2. the child in under age 18, or was under 18 on February 27, 2001, 3. the child is/was residing in the U.S. in the legal and physical custody of the U.S. citizen parent(s), and 4. the child has a qualified noncitizen status. 1460.0103 Verification Sources for U.S. Citizens (RAP) The individual’s verbal or written statement of date and place of birth must be accepted if they were born in the United States (U.S.) unless the information is questionable. This policy applies to all individuals claiming U.S. citizenship, including those who are naturalized and those born abroad to U.S. citizens.

If questioned, U.S. citizenship must be verified. Sources of verification include:

1. Birth or hospital certificates showing U.S. birth (except for voided Puerto Rican birth certificates after September 30, 2010), 2. Form I-197 (U.S. Citizen I.D. card), 3. Religious documents recorded in the U.S. shortly after birth, 4. SSA records, 5. U.S. passport, 6. Certificate of Citizenship or Naturalization. 1460.0104 Noncitizens (RAP) Noncitizens may qualify for the Refugee Assistance Program based on their status granted by U.S. Citizenship and Immigration Services (USCIS). The following sections discuss different types of noncitizens and their eligibility. 1460.0105 Qualified Noncitizens (RAP) Qualified noncitizens are defined as noncitizens who meet at least one of the following sections of the Immigration and Nationality Act. 1460.0106 Lawful Permanent Resident (RAP) A lawful permanent resident (LPR) is a noncitizen who lawfully immigrates to the United States and has permission to live and work in the U.S. Most LPR’s entering after 8/22/96 are subject to the a five year. However, certain LPR’s may be eligible for the Refugee Assistance Program based of their noncitizen status without a five year ban if they entered the U.S. based upon a prior status as:

1. Refugee status under section 207 of the Immigration and Nationality Act (INA). Eligible for four months beginning with their date of entry into the U.S. 2. Asylee status under section 208 of the INA. Eligible if within first four months from the date asylum was granted. 3. Amerasian. Eligible if from Vietnam and within four months from date of entry.

Chapter: 1460 Technical Requirements Program: RAP 31 4. Cuban/ Haitian Deportation Withheld status or granted an Indefinite Stay of Deportation. Eligible for four months from date Cuban/ Haitian status was granted. 5. Cuban/ Haitian Entrant status. Eligible for four months from date of entry. 6. Victim of Human Trafficking. Eligible for four months from the date of the certification letter.

1460.0106.02 Amerasians (RAP) Individuals born in Vietnam between January 1, 1962, and before January 1, 1976, fathered by a U.S. citizen, or a spouse, child, parent, or guardian accompanying or following an Amerasian admitted under this program admitted to the U.S. as immigrants under Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988.

Verification of status includes:

1. Vietnamese exit visa with DHS stamp code AM1, AM2, or AM3, 2. unexpired temporary I-551 stamp in a foreign passport with code AM1, AM2, or AM3, 3. unexpired temporary I-551 stamp on I-94 with code AM1, AM2, or AM3, or 4. foreign passport, with code A11, A16, A41, A46, AM1, AM2, AM3, or ARI.

These individuals are eligible for the Refugee Assistance Program for four months from date of entry. 1460.0107 Asylees (RAP) Noncitizens granted asylum under Section 208, who have received permission to remain in the U.S. based on a "well-founded fear of persecution" should the individual return to the individual's native land, may be considered for asylum. A prospective asylee applies for asylum after entering the U.S., a U.S. territory or a U.S. embassy, unlike a refugee who applies from abroad.

Proof of this status include:

1. USCIS Form I-94 showing grant of asylum under Section 208, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(5), 3. USCIS Form I-766 (Employment Authorization Card) annotated A5, 4. grant of asylum letter from the Asylum Office of the Immigration and Naturalization Service indicating this status is granted, 5. an order of an immigration judge granting asylum, or 6. other conclusive documentation of this status.

When determining eligibility for the Refugee Assistance Program (RAP), the asylee's status date is used. Asylees whose date of application is within four months of their status date and are ineligible for Temporary Cash Assistance are eligible for RAP on the factor of noncitizen status..

To determine eligibility for RAP, the eligibility specialist may only use for verification the USCIS Form I-94, USCIS Form I-551 coded AS1, AS2, AS3, AS6, AS7, or AS8, an order of an immigration judge, or letter from USCIS indicating this status has been granted. 1460.0108 Refugees (RAP) Refugees are defined as those noncitizens given permission to enter the U.S. under Section 207 of the Immigration and Nationality Act. These noncitizens have applied to be admitted to the U.S. based upon a well-founded fear of persecution in their homeland. Persecution must be due to race, religion, nationality, social or political ties and cannot be economic in nature.

Proof of this status include:

Chapter: 1460 Technical Requirements Program: RAP 32

1. USCIS Form I-94 or I-551 bearing Section 207, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(3), 3. USCIS Form I-766 annotated A3, 4. USCIS Form I-571 (Refugee Travel Document), or 5. other conclusive documentation of this status.

Noncitizens admitted as refugees under this section are qualified noncitizens. Refugees within four months of their entry date are also eligible for the Refugee Assistance Program if ineligible for Temporary Cash Assistance and all other factors of eligibility are met.

Verification required for this status includes USCIS Form I-94 or I-551 bearing Section 207, USCIS Form I-571 or USCIS Form I-551 annotated with the following codes: CNP, CU0, CUP, C7P, RE1, RE2, RE3, RE6, RE7, RE8, R86 and Y64. 1460.0109 Victims of Human Trafficking (RAP) Victims of severe forms of human trafficking are eligible for benefits to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act. The only exception is that the human trafficking victim will not provide USCIS documents. Adult victims will provide a certification letter from the Department of HHS. Children under 18 years old are not required to be certified and will instead be provided an eligibility letter. The agency will accept the certification letter for adults or the eligibility letter for children in place of USCIS documentation.

Before approving these individuals for benefits, the validity of the certification or eligibility letter must be confirmed by calling the HHS’ Office of Refugee Resettlement (ORR) at (866) 401-5510. The call will advise ORR of the benefits for which the individual has applied and at the same time ORR will verify whether or not the individual is a trafficking victim.

Certain family members of victims of human trafficking are now potentially eligible for refugee assistance payments. This includes the spouse and children of a trafficking victim 21 years of age or older. If the severe trafficking victim is under 21 years of age, parents, spouses, children, and unmarried siblings under 18 on the date of the T Visa’s application are eligible, if they meet all other program criteria. These family members will have a nonimmigrant T Visa, with no additional USCIS documentation. Trafficking victims and certain family members are potentially eligible for refugee assistance payments for four months from the date of the trafficking certification letter.

Note: Do not use Verification Information System-Customer Processing System (VIS-CPS) for these individuals as VIS-CPS does not contain information about them.

Potential Child Trafficking Victims: Potential child trafficking victims are eligible for federally funded benefits and services for up to 90 days pending a final trafficking eligibility decision. An “Interim Assistance Letter” issued to potential child victims by the Department of HHS, Office of Refugee Services (ORR) will certify this status. These children are eligible for benefits beginning with the eligibility began date on the interim assistance letter. ORR will issue a final trafficking determination on the child within this interim period. If denied a final trafficking status, terminate benefits at the end of the month in which the 90th day falls.

Proof of this status includes:

1. ORR certification letter, 2. T-2, T-3, T-4, or T-5 visa, also called a “Derivative T Visa”, 3. telephone call to verification line at (202) 401-5510, or 4. victims that are minors are eligible on the basis of a similar ORR letter of eligibility, which is not a certification letter.

Chapter: 1460 Technical Requirements Program: RAP 33

1460.0110 Cuban/ Haitian Parolees (RAP) Nationals of Cuba or Haiti paroled under Section 212(d)(5); Nationals of Cuba or Haiti granted parole status by the Attorney General under Section 212(d)(5) of the Immigration and Nationality Act are eligible for refugee assistance on the factor of noncitizen status if they are within four months of attaining their Cuban or Haitian Entrant status, and have been determined ineligible for Temporary Cash Assistance. Cuban/Haitian parolees are also defined as Cuban/Haitian Entrants.

Note: Only parolees from Cuba or Haiti are eligible for refugee assistance benefits based on their noncitizen status. 1460.0111 Cuban/ Haitian Deportation Withheld (RAP) Nationals of Cuba or Haiti, within four months of their date of entry, whose deportation is being withheld or granted indefinite stay of deportation pursuant to Section 243(h) or 241(b) of the Immigration and Nationality Act are eligible Refugee Assistance Program (RAP) services as Cuban/Haitian Entrants. If they are ineligible for Temporary Cash Assistance, they can be eligible to receive benefits from RAP on the factor of noncitizen status.

Proof of this status includes:

1. an order from an immigration judge showing deportation has been withheld pursuant to Section 243(h) or 241 of the INA, or other USCIS documentation. 2. USCIS Form I-766 (Employment Authorization Card) annotated A-10. or 3. USCIS Form I-688B (Employment Authorization Card) annotated (a)(10).

The court will include the date deportation was withheld. If the applicant does not present a court order, do secondary verification.

These individuals are not subject to the five-year ban and may be eligible for RAP for four months from the date Cuban/ Haitian Status obtained.

Cubans and Haitians whose deportation is withheld or granted an indefinite stay of deportation are also defined as Cuban/Haitian Entrants.

Note: Only nationals from Cuba or Haiti whose deportation is withheld or who are granted an indefinite stay of deportation are eligible for RAP benefits based on their noncitizen status. 1460.0112 Cuban/Haitian Entrants (RAP) Cuban/Haitian Entrants under Section 501(e) of the Refugee Education Assistance Act of 1980 are defined as any national of Cuba or Haiti who:

1. was granted parole status as a Cuban/Haitian Entrant (status pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; or

2. any other national of Cuba or Haiti who:

Chapter: 1460 Technical Requirements Program: RAP 34 a. was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act (INA); b. is the subject of exclusion or deportation proceedings under the INA; or c. has an application for asylum pending with the U.S. Citizenship and Immigration Service (USCIS), and with respect to whom a final, nonappealable, and legally enforceable order of deportation or exclusion has not been entered.

Cuban/Haitian Entrants are considered qualified noncitizens. Refer to specific program criteria to determine if they qualify for benefits.

Verification of this status includes:

1. USCIS Form I-94, stamped paroled as "Cuban/Haitian Entrant, Status Pending", 2. USCIS Form I-55I with code CU6 or CH6, 3. unexpired temporary I-55I stamp in foreign passport, 4. USCIS Form I-94 with code CU6 or CH6, or 5. other conclusive documentation of this status. Those persons with application for asylum pending will have "Form I-589 filed" or official USCIS receipt of USCIS Form I-589 along with an USCIS Form I-94 with this status.

Cuban/Haitian Entrants under this section who are ineligible for Temporary Cash Assistance are eligible to receive benefits from the Refugee Assistance Program on the factor of noncitizen status if their date of status is four months or less from the date of application. 1460.0114 Verification Requirements for Noncitizens (RAP) The eligibility specialist must verify the immigration status of all noncitizens applying for or receiving refugee assistance through the US Citizenship and Immigration Service (USCIS).

If a noncitizen does not wish for our agency to contact USCIS to verify immigration status, the household must be given the option of withdrawing its application or participating without that member’s needs included. If this occurs, the agency must not continue efforts to obtain that documentation. Instead the individual is technically ineligible for benefits.

When verifying noncitizen status, the agency uses automated verification by Verification Information System - Customer Processing System (VIS-CPS).

If a noncitizen is unable to provide any documentation to verify immigration status, the eligibility specialist is not responsible for contacting USCIS on the noncitizen’s behalf unless the individual requests assistance in obtaining documentation or verification of immigration status.

An expired noncitizen registration card does not necessarily mean that the noncitizen lost their immigration status. If VIS-CPS does not indicate the noncitizen has an acceptable status, the noncitizen should be referred to USCIS to obtain current USCIS documentation. If obtaining USCIS documentation would place an undue hardship on the noncitizen, or the noncitizen is hospitalized or suffers from a medical disability, the eligibility specialist must have the noncitizen declare their noncitizen status and continue to process the application. The USCIS documentation provided will be manually verified with USCIS.

Examples of undue hardship include, but are not limited to, living a distance from the USCIS office, lack of transportation, or a several months waiting period for an appointment with USCIS.

If a noncitizen does not have any documentation of immigration status, but can provide the “noncitizen registration number,” the eligibility specialist will verify the number using the VIS-CPS system. If the number is verified, and VIS-CPS indicates the individual has an immigration status, this is acceptable documentation. However, the individual’s identity must be verified to ensure the noncitizen registration number belongs to the individual.

Chapter: 1460 Technical Requirements Program: RAP 35

Note: If a noncitizen provides any form of USCIS documentation, regardless of the expiration date, showing an eligible Immigration Act section, the eligibility specialist must accept the documentation and verify the individual’s status through the VIS-CPS system. When the VIS- CPS system requests secondary verification, benefits may not be withheld pending response from the secondary verification, providing all other technical eligibility factors are met.

If the secondary verification shows that the noncitizen no longer has an eligible immigration status, a Benefit Recovery referral will be initiated for the total amount of assistance received during the interim investigation period. 1460.0115 VIS-CPS (RAP) VIS-CPS must be completed for noncitizens:

1. at application or reapplication, 2. when adding a noncitizen individual, 3. at every review for individuals who do not have a permanent resident status, and 4. any time there is a change to alien status.

A noncitizen who has what appears to be a “good” USCIS document, when VIS-CPS indicates contradictory information, will be considered potentially eligible until secondary verification is returned confirming the status. Do not hold, deny or terminate benefits waiting for the secondary verification. 1460.0117 Noncitizens not Eligible for Assistance (RAP) The following individuals are not eligible for public assistance on the factor of citizenship status:

1. foreign government representatives on official business and their families and servants; 2. visitors for business or pleasure, including exchange visitors; 3. crewmen on shore leave; 4. noncitizens in travel status while traveling directly through the U.S.; 5. treaty traders and investors and their families; 6. foreign students; 7. international organization representatives and individuals and their families and servants; 8. temporary workers including agricultural contract workers; and 9. members of foreign press, radio, film, or other information media and their families.

Verification of these statuses is usually the I-94, Arrival-Departure Record, Annotated with the letters "A" through "L" (A-2, B-1, etc.). 1460.0300 RESIDENCY (RAP) In order to receive public assistance, all individuals must be eligible on the factor of residency. 1460.0301 Residency of Homeless Individuals (RAP) Homeless individuals and residents of public or private nonprofit shelters for the homeless are considered residents. An otherwise eligible individual must not be required to reside in a permanent dwelling or have a fixed mailing address. 1460.0303.01 Residency Requirements (RAP) An individual must satisfy one of the following residence requirements:

1. must reside in the State of Florida with the intent to remain, or

Chapter: 1460 Technical Requirements Program: RAP 36 2. must be living in the State of Florida for employment purposes as described in passage 1460.0303.03.

For individuals institutionalized in Title XIX facilities, refer to passage 1440.0307.

1460.0303.02 Residents of Florida (RAP) Residency exists when the intent of the individual is to remain in the state. Residency is not dependent upon the duration of the stay. Residency does not exist when the stay is for a temporary purpose such as a vacation and there is intent to return to a residence in another state.

When a child is in the child's usual family setting, the residency of the child is considered in the context of the family situation. If the child leaves the family setting to reside elsewhere, residence is determined based on the extent and nature of the child's own stay.

A child is considered a resident when the parent or caretaker relative is a migrant agricultural worker who maintains Florida as a home for the children and intends to return to Florida.

Note: Children born in the U.S. of undocumented or ineligible noncitizen parents residing in the state may meet the residency requirement if they intend to remain even if parents may not legally remain due to USCIS status. 1460.0303.03 Residency for Employment (RAP) An individual is considered a resident if he is living in the state for purposes of employment without intent to remain and meets the following conditions:

1. the individual or caretaker relative is living in Florida without intent to remain and is not receiving assistance from another state, and 2. the individual or caretaker relative came to Florida with a job commitment or is actively seeking employment during the stay in the state. 1460.0309 Residency Verification (RAP) If residency is established by intent to remain in the state, verification is only necessary when the residency statement is questionable.

Residency due to employment purposes must be verified. Verification includes but is not limited to the following:

1. home visits, 2. collateral contacts, 3. rent/mortgage or utility receipts, 4. other forms of ID, 5. driver's license records, 6. letter of employment offer, or 7. letter from employment agency. 1460.0310 Temporary Absence from the State (RAP) An individual may be temporarily absent from the state if the person intends to return when the purpose of the absence has been accomplished, unless another state has determined the individual is a resident there for purposes of Medicaid.

Chapter: 1460 Technical Requirements Program: RAP 37 1460.0506 Verification of Student Status (RAP) An individual’s statement that a child age 18 to 19 is attending school full-time is acceptable unless questionable. Full-time attendance is defined by the school or institution. A child is considered to be in attendance during school vacations and for the entire month in which the child completes school or discontinues attendance. If school attendance is questionable, (ex. Learnfare data exchange indicates child has dropped out) then verification of attendance must be obtained from the school or institution. 1460.0900 SPONSOR VERIF./CONTACT WITH RESETTLEMENT AGENCY (RAP) Certain individuals must meet the requirement for sponsor verification or contact with the resettlement agency as a condition of eligibility.

This section describes requirements related to verification of sponsors for RAP assistance groups. 1460.0901 Contact with Resettlement Agency (RAP) Refugees were resettled in communities by a national voluntary agency in cooperation with a local sponsor. The local sponsor may be an individual, a church, a civic organization, local government, or other local group or organization.

In resettling a refugee, the resettlement agency and the sponsor undertake certain responsibilities as a moral commitment. These include receiving the refugee and his family; providing shelter, food, clothing, and pocket money; providing assistance in finding employment and in school enrollment for children; and covering ordinary medical costs. Once employment is obtained, the sponsor should assist the refugee to locate permanent housing, acquire minimal furniture, and arrange for utilities.

Instances will inevitably occur in which a sponsor will have discontinued all contact with a refugee or in which the refugee has discontinued contact with the sponsor. 1460.0902 Responsibilities for Contact (RAP) As part of each application and eligibility review the eligibility specialist must contact the refugee's sponsor or voluntary resettlement agency and inquire as to:

1. what assistance the sponsor resettlement agency is providing the refugee, and 2. whether the refugee has refused an offer of employment or has voluntarily quit a job without good cause within 30 consecutive days prior to the date of application.

In many instances, the local representative of the voluntary resettlement agency is the sponsor. However, if they are different, both the sponsor and the voluntary resettlement agency must be contacted. 1460.0903 Verification of Sponsor/Resettlement Agency (RAP) The information obtained from the sponsor or resettlement agency must be recorded. The recorded verification must also contain the name and address of the sponsor or resettlement agency.

A telephone contact with the sponsor or resettlement agency by the eligibility specialist is sufficient to fulfill the verification requirement. The date verbal verification was received and the source or individual providing verification must be recorded. A written statement by the sponsor or resettlement agency is not required but is acceptable and must be made a part of the case record if provided.

Chapter: 1460 Technical Requirements Program: RAP 38 If the sponsor/voluntary resettlement agency cannot be contacted or refuses to give the required information, the Region or Circuit Program Office may authorize cash benefits as an exception to policy. 1460.1400 REQUIREMENT TO FILE FOR OTHER BENEFITS (RAP) Individuals must apply for and diligently pursue to conclusion an application for all other benefits for which they may be eligible as a condition of eligibility. Benefits that must be applied for include, but are not limited to:

1. pensions from local, state, or federal government, 2. retirement benefits, 3. disability, 4. Social Security benefits, 5. Veterans' benefits, 6. UC benefits, 7. Military benefits, 8. Railroad retirement benefits, 9. Workers' Compensation benefits, and 10. Health and accident insurance payments.

Individuals applying for SSI-Related Medicaid, HCDA, Temporary Cash Assistance, or Family- Related Medicaid are not required to apply for SSI as a condition of eligibility.

Individuals who apply for OSS and are potentially eligible for SSI must apply for SSI as a condition of eligibility.

In some cases, individuals who are already receiving benefits may be eligible for increased benefits due to a change in their circumstances. Individuals are required to apply for all increased benefits for which they might qualify. 1460.1900 EMPLOYMENT AND TRAINING (RAP) Certain individuals are required to register and/or participate in employment and training (E&T) or work activities. Individuals whose needs are not included in the benefit calculation are not subject to these requirements.

Individuals subject to work requirements must comply with the work requirements. Applicants must work register and complete an overview of the basic options and services of the program as a condition of eligibility. This must be completed prior to authorization of benefits. Employment and training services are provided by local Refugee Services Employment Providers.

Employment and training services for RAP E&T individuals are provided through the agencies funded by the Office of Refugee Resettlement (ORR). Agencies funded by ORR do not exist in all Regions or Circuits. In these Regions or Circuits, RAP E&T eligible individuals may be exempt from employment and training services but work requirements for food stamps must be evaluated. 1460.1902 Explanation of Benefits (RAP) The eligibility specialist must explain compliance with work requirements.

The eligibility specialist must provide in writing and explain the following information verbally to the payee/caretaker relative of the assistance group or the individual required to participate:

1. each of the exemptions;

Chapter: 1460 Technical Requirements Program: RAP 39 2. voluntary participation to those individuals who are exempt; 3. the participation requirements and sanctioning for mandatory individuals; 4. the special requirement for the two-parent families, if applicable; 5. the benefits of participation in work related activities; and 6. the assistance group's opportunity and obligations.

The payee of the assistance group is responsible for informing other assistance group members in mandatory participation status of this information. Other assistance group members may contact the eligibility specialist for clarification of the information. 1460.1903 Notification of Changes (RAP) Within five working days the eligibility specialist must notify the Regional Workforce Board/designee of all changes to TCA and Refugee Assistance Program (RAP) benefits for persons who are mandatory participants.

Changes regarding employment or penalty activities must be reported and include:

1. a gain or loss of employment, 2. benefit cancellation due to employment or sanction, and 3. benefit reduction due to employment.

Other changes that must be reported, which will mostly be done through the FLORIDA system interface, include:

1. application approval or denial, 2. changes in participation status, 3. case cancellation for reasons other than employment, 4. removal of the individual's needs, and 5. changes of address, unit, county, and district.

1460.1904 Determination of Participation Status (RAP) A nonexempt refugee must, except for good cause, participate in RAP E&T.

The eligibility specialist must determine the participation status (mandatory, exempt or volunteer) of each individual in the assistance group. The eligibility specialist must review each exemption and allow the individual the opportunity to claim an exemption. Exempt individuals are not required to participate.

Participation status must be determined during the initial application, each eligibility review, or upon receipt of information that a change in participation status may have occurred.

Applicants:

RAP E&T mandatory participants must participate prior to application approval or the application for the individual cannot be approved. Participation includes registration with an appropriate agency providing employment services under the Refugee Resettlement Program (RRP) if available in their county of residence.

RAP E&T volunteers are not formally referred to RWB/designee. However, the eligibility specialist may encourage the RAP volunteer to contact the RWB/designee for assistance in obtaining employment.

Recipients:

Chapter: 1460 Technical Requirements Program: RAP 40 Participation requirements for recipients are the same as for applicants. When an exempt member becomes a mandatory participant, the redetermination cannot be completed until the requirement is met. 1460.1906 Exemptions from Employment & Training (RAP) This section discusses exemptions from participation in the applicable Employment and Training Programs. 1460.1906.01 Individuals under 16 (RAP) Individuals under 16 are exempt from participation.

The individual's statement of age may be accepted unless questioned. If questioned, verification must be obtained.

Note: When the other parent is a teen (under 20 years of age), they are subject to the teen participation requirements. 1460.1906.02 Age 65 or Older (RAP) RAP individuals age 65 or older are exempt.

Age must be documented only once for this exemption.

1460.1906.03 Full-Time Students (RAP) Individuals age 16 through 18 years of age are exempt if the individual is a full-time student, as defined by the school, who attends elementary, secondary, vocational or technical school.

Individuals are considered to be in attendance during school vacations, illness, convalescence, family emergency, and for the entire month they complete or discontinue schooling.

Individuals who withdraw from school or lose their full-time status are not exempt.

Verification of student status must be obtained to qualify for this exemption. Acceptable verification includes the following:

1. a verbal or written statement from a school official, 2. registration forms, or 3. report cards.

A review of the exemption status must be made at each complete eligibility review or sooner if this status is questionable. 1460.1906.04 Permanent Impairment or Incapacity (RAP) An individual experiencing an illness (physical or mental) or injury which is expected to last six months or more and is severe enough to prevent the individual from engaging in employment or participating in the program is exempt.

Chapter: 1460 Technical Requirements Program: RAP 41

A written statement is required from a doctor, hospital, or clinic that includes:

1. a substantiated diagnosis of the impairment preventing employment or participation; 2. how the impairment prevents employment or participation; and 3. duration and permanence of the condition.

Whenever possible, documentation of the permanent impairment or incapacity should be obtained by the individual, although the eligibility specialist may act on the individual's behalf to request such documentation. A basic medical examination may be authorized at DCF's expense no more than twice per year. The eligibility specialist, with the supervisor's assistance when necessary, decides on the presence of an incapacitating condition for E&T purposes.

A decision by the agency of incapacity for deprivation purposes or the Social Security Administration determination of disability for OASDI is acceptable. Proof of such a determination must be filed in the case record. A determination of incapacity should not be completed solely for the purpose of determining an E&T exemption.

Individuals with conditions diagnosed as "permanent" must provide documentation only once unless a question later arises as to improvement made in the condition. Individuals whose diagnosis indicates that improvement in the condition may be expected must have the exemption documented at every complete eligibility review. A partial eligibility review must be scheduled when the incapacity period is anticipated to end before the next scheduled complete eligibility review. When an individual is determined exempt under this status, a referral to Vocational Rehabilitation (VR) must be completed. VR will notify the eligibility specialist whether a referred individual has been selected or rejected for rehabilitation. The VR counselor and the eligibility specialist must cooperate to assure that the individual is referred to Regional Workforce Board (RWB) /contract provider when ready for employment.

1460.1906.05 Required Presence in the Home (RAP) Individuals are exempt if the individual's presence is required in the home due to a physical or mental impairment of another person living in the home. There must be no other person available to provide this care.

A written statement is required from a doctor, hospital, or clinic indicating:

1. the nature of the illness of the person, 2. the need for someone's presence in the home, and 3. the duration of anticipated need.

The exemption must be documented at each complete eligibility review when the illness or condition of the individual is a temporary one, or when any question arises in the interim concerning the need for the individual's presence in the home. 1460.1906.06 Temporary Illness or Injury (RAP) Individuals experiencing temporary illness or injury of less than six months duration, which is of sufficient severity to prevent participation in RAP E&T are exempt.

Verification of the illness or inquiry must be obtained. A written statement is necessary from a doctor, hospital, or clinic and must include:

Chapter: 1460 Technical Requirements Program: RAP 42 1. a substantiated diagnosis of the illness or injury (physical or mental) preventing employment or training; 2. a brief explanation of how the illness or injury prevents employment or training; and 3. the anticipated duration of the illness or injury.

Thirty days are allowed for the individual to provide medical information. If the individual is unable to obtain a medical statement, a basic medical examination may be authorized at DCF's expense. Medical examinations can be authorized no more than twice a year.

Temporary illness or injury must be documented at the time of the initial claim and every 90 days thereafter. If the illness or injury is expected to last less than 90 days, documentation must be obtained at the end of duration of the illness or injury if the exemption is to continue. Whenever possible, documentation of temporary illness should be obtained by the individual, although the eligibility specialist may act on the individual's behalf to request such documentation. 1460.1906.07 Child Under Three Years (RAP) One custodial parent of a child under three years old personally providing full-time care for the child is exempt.

Documentation of the child's age must be obtained. When there is more than one child in the home who meets this criterion, the age of the youngest child should be documented for this exemption.

When the child attends preschool, Head Start, or day-care on a full-time basis, the individual is not exempt for caring for a child under three years. When the child is absent due to part-time attendance in preschool, Head Start, or day-care, written proof from the educational institution or day-care provider that the child is registered and/or attending part-time and not full-time (as defined by the educational institution or day-care provider) is required in order for the individual to be exempt.

Absences of the parent to attend school full-time, including college, high school, vocational, or technical schools, does not constitute brief and infrequent absences. Written proof from an official of the educational institution that the parent is registered and attending part-time and not full-time (as defined by the educational institution) is required in order for the individual to be exempt. 1460.1906.12 Individuals Employed 30 Hours per Week (RAP) Individuals working 30 hours or more per week and earning at least minimum wage in an unsubsidized job which is expected to last at least 30 days are exempt. Temporary breaks in employment of 10 days or less are not considered an interruption.

Documentation of employment for eligibility and budgeting purposes will verify this exemption. If hours vary above or below 30 per week from one month to the next, use a representative average of the last eight weeks, if available, to make this determination.

When an individual has signed a contract with a prospective employer to either begin or continue employment, but has a temporary break in employment, the individual may be exempt from participating due to full-time employment of 30 or more hours. The job must provide full-time employment (30 hours or more per week for at least eight months per year). For example, a teacher or teacher's aide who is unemployed during summer vacation but has signed a contract to work the following school term is considered job attached.

In the case of noncontract employees (school lunchroom workers), a statement must be obtained from the employer of his intent to hire or rehire the individual. The eligibility specialist must

Chapter: 1460 Technical Requirements Program: RAP 43 contact the individual in the anticipated month of return to work, to confirm the return to employment and verify the amount of earnings. 1460.1906.14 Pregnancy in Second Trimester (RAP) Women beginning their fourth month of pregnancy are exempt. A written and signed medical statement by a licensed physician or registered nurse which establishes that pregnancy exists and states the anticipated date of delivery is required. The physician or nurse must be in private practice or acting as an associate of a hospital, clinic, or health facility. 1460.1906.15 Residents in Counties Not Served by RAP E&T (RAP) If there is no RAP employment agency providing RAP E&T in the county in which the refugee resides, the individual will be exempted from the RAP work registration and participation requirement based upon their residing in a remote area (county). 1460.1917 Length of Penalty Periods (RAP) A RAP participant will be penalized a minimum of three months for failure to comply with program requirements. Penalties will continue if the employment/training requirement is not met.

Penalties for individuals who fail to meet the employment registration requirement without good cause are as follows:

1. First occurrence, the needs of the individual will be excluded from the assistance grant for three months. 2. Second occurrence, the needs of the individual will be excluded from the assistance grant for six months.

The effective date of penalty is the first month for which 10 days of advance notice can be given. The 10 days begins with the date the eligibility specialist receives notice that the individual failed to meet the employment/training requirements.

1460.1919 Penalties for Failure of FS Individual to Comply (RAP) RAP individuals who also receive food stamps will only be penalized for Refugee Cash Assistance if they fail to complete RAP E&T requirements. 1460.1924 Participation Following Penalties (RAP) Individuals must be notified that penalties are imposed and that they must reapply. If the individual indicates to the eligibility specialist that he is willing to participate in TANF work activities or RAP E&T, the eligibility specialist is to refer the individual to the Regional Workforce Board (RWB)/designee or RAP E&T provider.

Once notified by the RWB/designee that the penalty period has ended, the eligibility specialist must provide the payee with a request for additional assistance and schedule an appointment for a face-to-face interview.

If the payee fails to keep the appointment and ongoing eligibility cannot be established, a 10 days advance notice must be given and the case canceled, unless the child or payee is not part of the standard filing unit. When the payee keeps the appointment, policy regarding Employment and Training screening, referral, and participation is to be followed.

Chapter: 1460 Technical Requirements Program: RAP 44 The individual's RAP benefits are restored back to the date the individual requests to cooperate with work activities. The RWB/designee will notify the eligibility specialist of that date.

Table of Contents Technical Requirements i 1410.0000 Food Stamps .............................................................. 1 1410.0001 Food Stamp Technical Factors (FS) .................................................................... 1 1410.0100 CITIZENSHIP/NONCITIZEN STATUS (FS) ............................................................. 1 1410.0101 Declaration of Citizenship/Noncitizen Status (FS) ............................................... 1 1410.0102 Definition of U.S. Citizenship (FS) ........................................................................ 1 1410.0103 Verification Sources for U.S. Citizens (FS) .......................................................... 2 1410.0104 Noncitizens (FS) ................................................................................................... 3 1410.0105 Qualified Noncitizens (FS) .................................................................................... 3 1410.0106 Lawful Permanent Resident (FS) .......................................................................... 3 1410.0106.01 Noncitizens Serving in the United States Armed Forces (FS) ......................... 5 1410.0106.02 Amerasians (FS) .............................................................................................. 6 1410.0107 Asylees (FS) ......................................................................................................... 6 1410.0108 Refugees (FS) ...................................................................................................... 7 1410.0109 Victims of Human Trafficking (FS) ........................................................................ 7 1410.0110 Parolees (FS) ....................................................................................................... 7 1410.0111 Deportation Withheld (FS) .................................................................................... 8 1410.0112 Cuban/Haitian Entrants (FS) ................................................................................ 8 1410.0113 Battered (FS) ........................................................................................................ 9 1410.0114 Verification Requirements for Noncitizens (FS) ................................................. 10 1410.0115 VIS-CPS (FS) ..................................................................................................... 11 1410.0117 Noncitizens not Eligible for Assistance (FS) ....................................................... 11 1410.0118 Reporting Illegal Noncitizens (FS) ...................................................................... 11 1410.0200 SOCIAL SECURITY NUMBER (FS) ...................................................................... 12 1410.0204 When SSN is not Provided/Refusal to Apply (FS) ............................................. 12 1410.0205 Suspected and Confirmed Multiple SSNs (FS) .................................................. 13 1410.0300 RESIDENCY (FS) ................................................................................................... 13 1410.0310 Temporary Absence from the State (FS) ........................................................... 13 1410.0400 IDENTITY (FS) ........................................................................................................ 13 1410.0400.01 Customer Authentication (FS) ....................................................................... 13 1410.1100 LIVING ARRANGEMENTS (FS) ............................................................................ 14 1410.1101 Residents of Institutions (FS) ............................................................................. 14 1410.1102 Exemptions from Institutional Provisions (FS).................................................... 14 1410.1700 CHILD SUPPORT COOPERATION (FS)............................................................... 15 1410.1702 Child Support Cooperation Requirements (FS).................................................. 15 1410.1704 Definition of Cooperation (FS) ............................................................................ 15 1410.1705.01 Definition of Non-Custodial Parent (FS) ........................................................ 15 1410.1705.02 Legal Father and Natural Father (FS) ........................................................... 15 1410.1706 Cooperation by a Pregnant Woman (FS) ........................................................... 15 1410.1707 Good Cause for Failure to Cooperate (FS) ........................................................ 15 1410.1708 Reasons for Good Cause (FS) ........................................................................... 16 1410.1709 Failure to Cooperate (FS) ................................................................................... 16 1410.1710 CSE Reports of Failure to Cooperate (FS) ......................................................... 16 1410.1711 Ending Sanction (FS) ......................................................................................... 16 1410.1800 ABLE-BODIED ADULT WITHOUT DEPENDENTS (FS) ...................................... 17 1410.1801 ABAWD Provisions (FS) ..................................................................................... 17 1410.1802 Exemptions from ABAWD Provisions (FS) ......................................................... 18 1410.1802.01 Good Cause from ABAWD Provisions (FS) .................................................. 19

Table of Contents Technical Requirements ii 1410.1803 Referrals - Able-Bodied Adult without Dependents (FS) .................................... 19 1410.1804 Becoming Eligible – After Sanction (FS) ........................................................ 19 1410.1806 Regaining Eligibility after Time Limited Months Exhausted (FS) ....................... 19 1410.1807 Bonus Months under the ABAWD Provisions (FS) ............................................ 20 1410.1900 EMPLOYMENT AND TRAINING (FS) ................................................................... 20 1410.1904 Determination of Participation Status (FS) ......................................................... 20 1410.1906 Exemptions from SNAP E&T (FS) ...................................................................... 21 1410.1906.01 Individuals under 16 Years of Age (FS) ......................................................... 21 1410.1906.02 Individuals Age 60 or Over (FS) .................................................................... 22 1410.1906.03 Individuals Age 16 or 17 and Attending School (FS) ..................................... 22 1410.1906.04 Physically or Mentally Unfit for Employment (FS) ......................................... 22 1410.1906.05 Care of an Incapacitated Individual (FS) ....................................................... 22 1410.1906.07 Responsible for Care of Dependent Child (FS) ............................................. 22 1410.1906.08 Students (FS) ................................................................................................. 22 1410.1906.09 Drug Addiction/Alcoholic Treatment (FS) ...................................................... 22 1410.1906.10 Complying with Work Requirements for TCA/RAP/Match Grant (FS)........... 23 1410.1906.11 Receiving Unemployment Compensation (FS) ............................................. 23 1410.1906.12 Working Minimum of 120 Hours Monthly (FS) ................................................ 23 1410.1907 Loss of Exemption While Certified (FS) ............................................................. 23 1410.1908 Provider Reporting Requirements (FS) .............................................................. 23 1410.1909 Noncompliance with SNAP E&T Requirements (FS) ......................................... 24 1410.1911 Voluntary Quit/Voluntary Reduction of Hours (FS) ............................................ 24 1410.1911.01 Voluntary Quit/Voluntary Reduction of Hours (FS) ........................................ 24 1410.1911.02 Situations not Considered Voluntary Quit (FS).............................................. 24 1410.1911.03 Good Cause - Voluntary Quit/Voluntary Reduction of Hours (FS) ................. 24 1410.1911.04 Verification - Voluntary Quit/Voluntary Reduction (FS) ................................. 25 1410.1911.05 Ending Voluntary Quit/Voluntary Reduction (FS) .......................................... 25 1410.1915 When Payee/Head of Household Fails to Comply (FS) ..................................... 25 1410.1916 Failure to Comply by AG Member (FS) .............................................................. 25 1410.1918 Good Cause Reason not Provided (FS) ............................................................. 26 1410.1920 Circumstances under Which a Sanction Can Be Lifted (FS) ............................. 26 1410.1921 Assigning Sanction Periods for TCA and FS (FS) ............................................. 27 1410.2200 INDIVIDUAL CONVICTED OF FELONY DRUG TRAFFICKING (FS) .................. 28 1410.2300 COOPERATION WITH QUALITY CONTROL (FS) ............................................... 28 1410.2500 FLEEING FELONS AND PROBATION OR PAROLE VIOLATORS (FS) ............ 28 1410.2501 Fleeing Felon (FS) .............................................................................................. 29 1410.2502 Probation or Parole Violator (FS) ....................................................................... 29 1410.2700 DISQUALIFICATION FOR CERTAIN CONVICTED FELONS (FS) ...................... 29 1420.0000 Temporary Cash Assistance ................................... 30 1420.0100 CITIZENSHIP/NONCITIZEN STATUS (TCA) ........................................................ 30 1420.0101 Declaration of Citizenship/Noncitizen Status (TCA) ........................................... 30 1420.0102 Definition of U.S. Citizenship (TCA) ................................................................... 30 1420.0103 Verification Sources for U.S. Citizens (TCA) ...................................................... 31 1420.0104 Noncitizens (TCA) .............................................................................................. 31 1420.0105 Qualified Noncitizens (TCA) ............................................................................... 32 1420.0106 Lawful Permanent Resident (TCA) ..................................................................... 32 1420.0106.01 Noncitizens Serving in the United States Armed Forces (TCA) .................... 32 1420.0106.02 Amerasians (TCA) ......................................................................................... 34

Table of Contents Technical Requirements iii 1420.0107 Asylees (TCA) .................................................................................................... 34 1420.0108 Refugees (TCA) .................................................................................................. 34 1420.0109 Victims of Human Trafficking (TCA) ................................................................... 34 1420.0110 Parolees (TCA) ................................................................................................... 35 1420.0111 Deportation Withheld (TCA) ............................................................................... 35 1420.0112 Cuban/Haitian Entrants (TCA) ............................................................................ 36 1420.0113 Battered (TCA) ................................................................................................... 36 1420.0114 Verification Requirements for Noncitizens (TCA) ............................................... 37 1420.0115 VIS-CPS (TCA) ................................................................................................... 38 1420.0117 Noncitizens not Eligible for Assistance (TCA) .................................................... 38 1420.0118 Reporting Illegal Noncitizens (TCA) ................................................................... 39 1420.0200 SOCIAL SECURITY NUMBER (TCA) ................................................................... 39 1420.0204 When SSN is not Provided/Refusal to Apply (TCA) ........................................... 40 1420.0205 Suspected and Confirmed Multiple SSNs (TCA) ............................................... 40 1420.0300 RESIDENCY (TCA) ................................................................................................ 40 1420.0310 Temporary Absence from the State (TCA) ......................................................... 41 1420.0400 CUSTOMER AUTHENTICATION (TCA) ............................................................... 42 1420.0500 AGE (TCA) ............................................................................................................. 42 1420.0504 Definition of a Child (TCA) .................................................................................. 42 1420.0505 Verification of Age (TCA) .................................................................................... 43 1420.0506 Verification of Student Status (TCA) .................................................................. 43 1420.0509.01 Immunization (TCA) ....................................................................................... 43 1420.0509.02 Verification Requirement (TCA) ..................................................................... 43 1420.0509.03 Good Cause (TCA) ........................................................................................ 43 1420.0600 TEEN PARENT (TCA) ............................................................................................ 44 1420.0601 Teen Parent Requirements (TCA) ...................................................................... 44 1420.0602 Exception to Teen Parent Requirements (TCA) ................................................. 44 1420.0603 Verification (TCA) ............................................................................................... 45 1420.0700 DEPRIVATION (TCA)............................................................................................. 45 1420.0701 Who is Considered a Parent (TCA) .................................................................... 45 1420.0702 Definition of Biological Father (TCA) .................................................................. 46 1420.0703 Definition of a Legal Father (TCA) ...................................................................... 46 1420.0704 When an Individual Becomes a Parent (TCA).................................................... 46 1420.0705 Ceremonial Marriage (TCA) ............................................................................... 46 1420.0706 Biological Parents (TCA) .................................................................................... 47 1420.0707 Common-Law Marriage (TCA) ........................................................................... 47 1420.0708 Establishment of Paternity (TCA) ....................................................................... 47 1420.0709 Adoption (TCA) ................................................................................................... 47 1420.0710 Required Contact with Non-Custodial Parent (TCA) .......................................... 47 1420.0711 Exceptions to Contact the Non-Custodial Parent (TCA) .................................... 48 1420.0712 Reasons for Deprivation (TCA) .......................................................................... 48 1420.0713 Deprivation Due to Death (TCA) ........................................................................ 48 1420.0714 Deprivation Due to Single Parent Adoption (TCA) ............................................. 48 1420.0715.01 Continued Absence of One or Both Parents (TCA) ....................................... 49 1420.0715.02 Reasons for Continued Absence (TCA) ........................................................ 49 1420.0716 Marital Separation (TCA) .................................................................................... 49 1420.0718 Determination of Desertion (TCA) ...................................................................... 49 1420.0719 Divorce (TCA) ..................................................................................................... 50 1420.0720.01 Prohibition against Living with Child (TCA) ................................................... 50 1420.0720.02 Temporary Removal of Custody (TCA) ......................................................... 50

Table of Contents Technical Requirements iv 1420.0720.03 Deportation of a Parent (TCA) ....................................................................... 50 1420.0720.04 Resident Citizen of a Foreign Country (TCA) ................................................ 51 1420.0721.01 Other Continued Absences (TCA) ................................................................. 51 1420.0721.02 Verification - Other Continued Absences (TCA) ............................................ 51 1420.0722 Incapacity (TCA) ................................................................................................. 51 1420.0722.01 Definition of Incapacity (TCA) ........................................................................ 51 1420.0722.02 Verification of Incapacity (TCA) ..................................................................... 51 1420.0722.03 Gathering Incapacity Information Applications (TCA) ................................... 52 1420.0722.04 Gather Incapacity Information Ongoing (TCA) .............................................. 52 1420.0722.05 Resuming Level of Employment/Care (TCA) ................................................ 52 1420.0723 Unemployment/Underemployment (TCA) .......................................................... 52 1420.0724.05 Verification of Unemployment/Underemployment (TCA) .............................. 52 1420.0800 LIVING IN THE HOME (TCA) ................................................................................ 52 1420.0802 Definition of Parent/Specified Relative (TCA) .................................................... 53 1420.0803 Verifying Parenthood/Specified Relationship (TCA) .......................................... 53 1420.0804 Sources of Verification (TCA) ............................................................................. 53 1420.0805 Definition of Living in the Home (TCA) ............................................................... 54 1420.0806 Verification/Documentation (TCA) ...................................................................... 55 1420.0807 Temporary Absence from the Home (TCA)........................................................ 55 1420.0808 Children Who Remain Hospitalized (TCA) ......................................................... 55 1420.0809 Temporary Absence in Residential Treatment Program (TCA) ......................... 55 1420.0810 Temporary Arrangement for Emergency Care (TCA) ........................................ 55 1420.1000 PREGNANCY (TCA) .............................................................................................. 56 1420.1001 Pregnancy Policy (TCA) ..................................................................................... 56 1420.1002 Verification of Pregnancy (TCA) ......................................................................... 56 1420.1003 Restrictions from Work - Pregnant Women in Third Trimester (TCA) ................ 56 1420.1400 REQUIREMENT TO FILE FOR OTHER BENEFITS (TCA) .................................. 56 1420.1403 VA Improved Pension (TCA) .............................................................................. 56 1420.1700 CHILD SUPPORT COOPERATION (TCA) ............................................................ 57 1420.1702 Child Support Cooperation Requirements (TCA) ............................................... 57 1420.1704 Definition of Cooperation (TCA) ......................................................................... 57 1420.1705.01 Definition of Non-custodial Parent (TCA) ...................................................... 57 1420.1705.02 Legal Father and Natural Father (TCA) ......................................................... 57 1420.1706 Cooperation by a Pregnant Woman (TCA) ........................................................ 57 1420.1707 Good Cause for Failure to Cooperate (TCA)...................................................... 58 1420.1708 Reasons for Good Cause (TCA) ........................................................................ 58 1420.1709 Failure to Cooperate (TCA) ................................................................................ 58 1420.1710 CSE Reports of Failure to Cooperate (TCA) ...................................................... 58 1420.1711 Ending Sanction (TCA) ....................................................................................... 59 1420.1900 EMPLOYMENT AND TRAINING (TCA) ................................................................ 59 1420.1901 Teen Parents (TCA) ........................................................................................... 59 1420.1902 Explanation of Benefits (TCA) ............................................................................ 60 1420.1903 Notification of Changes (TCA) ............................................................................ 60 1420.1904 Determination of Participation Status (TCA) ...................................................... 60 1420.1905 TCA and FS Exemptions (TCA) ......................................................................... 61 1420.1906 Exemptions from Participation (TCA) ................................................................. 62 1420.1906.01 Individuals under 16 (TCA) ............................................................................ 62 1420.1906.03 Full-Time Students (TCA) .............................................................................. 62 1420.1906.05 Care of a Disabled Family Member (TCA) .................................................... 63 1420.1906.07 Child Under Three Months (TCA) .................................................................. 63 1420.1906.13 Victims of Domestic Violence (TCA) .............................................................. 64

Table of Contents Technical Requirements v 1420.1912 Penalties for TCA Non-Compliance (TCA) ......................................................... 64 1420.1913 Good Cause for Noncompliance (TCA) .............................................................. 64 1420.1914 Requirement to Counsel (TCA) .......................................................................... 65 1420.1917 Length of Penalty Periods (TCA) ........................................................................ 65 1420.1920 Circumstances under Which a Sanction Can Be Lifted (TCA) ........................... 66 1420.1921 Assigning Sanction Periods for TCA and FS (TCA) ........................................... 66 1420.1922 BR Referral Due to Agency Error (TCA) ............................................................ 68 1420.1923 Penalties and Voluntary Participants (TCA) ....................................................... 68 1420.1924 Reinstatement of TCA after Penalty (TCA) ........................................................ 68 1420.1925 Forgiving Prior Noncompliance (TCA) ................................................................ 68 1420.1926 Assistance for Children under Age 16 (TCA) ..................................................... 68 1420.1927 Caretaker Relative Cases (TCA) ........................................................................ 68 1420.2000 LEARNFARE (TCA) ............................................................................................... 69 1420.2001 Learnfare - School Attendance (TCA) ................................................................ 69 1420.2003 Learnfare School Conferences (TCA) ................................................................ 70 1420.2100 APPLYING THE FAMILY CAP POLICY (TCA) ..................................................... 70 1420.2101 Break in Assistance (TCA) ................................................................................. 70 1420.2102 Children Not Subject to Family Cap (TCA) ......................................................... 71 1420.2200 INDIVIDUAL CONVICTED OF FELONY DRUG TRAFFICKING (TCA) ............... 71 1420.2300 COOPERATION WITH QUALITY CONTROL (TCA) ............................................ 72 1420.2400 FAILURE TO REPORT CHILD OUT OF HOME (TCA) ......................................... 72 1420.2500 FLEEING FELONS AND PROBATION OR PAROLE VIOLATORS (TCA) .......... 72 1420.2501 Fleeing Felon (TCA) ........................................................................................... 72 1420.2502 Probation or Parole Violator (TCA) ..................................................................... 73

Chapter: 1400 Technical Requirements Program: FS 1 1410.0000 Food Stamps The eligibility specialist must determine if each individual meets the appropriate requirements for food stamps. If the individual does not meet the applicable requirements, the individual is technically ineligible. 1410.0001 Food Stamp Technical Factors (FS) The technical factors that may be considered are:

1. citizenship/noncitizen status, 2. Social Security number, 3. residency, 4. identity, 5. living arrangement, and 6. employment and training. 1410.0100 CITIZENSHIP/NONCITIZEN STATUS (FS) The eligibility specialist must evaluate the citizenship status for each individual who applies for food stamps. Citizenship information of those family members who are not applying for benefits is not required. Non-receiving members are to be asked only if they are citizens or noncitizens, not their U.S. Citizenship and Immigration Services status. 1410.0101 Declaration of Citizenship/Noncitizen Status (FS) Each applicant applying for public assistance must declare in writing whether each individual in the Assistance Group (AG) is a U.S. citizen, or a noncitizen in lawful immigration status.

An application declaring the citizenship/noncitizen status must be signed under penalty of perjury for all household members applying for assistance as a condition of eligibility. The form must be signed at application and recertification. An adult applicant or authorized representative may sign the application declaring the citizenship/noncitizen status of all members. 1410.0102 Definition of U.S. Citizenship (FS) To be considered a U.S. citizen, an individual must meet one of the following conditions:

1. be born in the U.S. D.C. or a U.S. territory, (Puerto Rico, U.S. Virgin Islands, Northern Mariana, American Samoa, Harcon Tract, Swain’s Island and Guam).

Note: If the individual was born in a former U.S. territory while it was a territory, a clarification through the Region or Circuit Program Office is required.

The individual’s statement of U.S. citizenship is accepted, unless questionable. If questionable, verification is required.

2. be a naturalized citizen. An individual is a naturalized citizen when U.S. citizenship is gained after birth either through individual naturalization, or derived from a naturalized parent.

3. be adopted by a U.S. citizen.

Chapter: 1400 Technical Requirements Program: FS 2 A child acquires citizenship after birth or through adoption, if they meet all of the following conditions:

a. the child was adopted while under the age of 16, has been in legal custody of and has resided with the adopting U.S. citizen parent(s) for at least two years; b. the child is under the age of 18, or was under the age of 18 on February 27, 2001; c. the child is/was residing in the United States in the legal and physical custody of the U.S. citizen parent(s); and d. the child has a qualified noncitizen status. (See 1410.0105)

The child must meet all the above criteria, all at the same time, on at least one day at some point between February 27, 2001 and the present. The child must not have been married at any time on or before the day they meet all the criteria.

Note: proof of U.S. citizenship will not be automatically issued to eligible children.

4. be born abroad to a U.S. citizen. Individuals born abroad to a U.S. citizen and who make a written declaration of citizenship to the U.S. Consulate are considered U.S. citizens.

A child born abroad whose parents were not married may acquire citizenship at birth if one of the parents is a U.S. citizen at the time of the child’s birth and legal paternity has been established. An illegitimate child born abroad to a U.S. citizen mother need only establish the mother’s U.S. citizenship and her residence in the U.S. or U.S. territory prior to the birth of the child.

Citizenship acquired at birth occurs when:

1. both parents are U.S. citizens and at least one parent resides in the U.S. or a U.S. territory before the birth of the child; or 2. one parent is a citizen and the other is a noncitizen at the time of the child’s birth. (Individuals claiming citizenship under this provision must be referred to USCIS to obtain a formal determination of their citizenship.)

Children become U.S. citizens after birth when all the following conditions are met:

1. one parent is a U.S. citizen by birth or naturalization, 2. the child in under age 18, or was under 18 on February 27, 2001, 3. the child is/was residing in the U.S. in the legal and physical custody of the U.S. citizen parent(s), and 4. the child has a qualified noncitizen status (see 1410.0105). 1410.0103 Verification Sources for U.S. Citizens (FS) The individual’s verbal or written statement of date and place of birth must be accepted if they were born in the United States (U.S.) unless the information is questionable. This policy applies to all individuals claiming U.S. citizenship, including those who are naturalized and those born abroad to U.S. citizens.

If questioned, U.S. citizenship must be verified. Sources of verification include:

1. Birth or hospital certificates showing U.S. birth (except for voided Puerto Rican birth certificates after September 30, 2010), 2. Form I-197 (U.S. Citizen I.D. card), 3. Religious documents recorded in the U.S. shortly after birth, 4. SSA records, 5. U.S. passport, 6. Certificate of Citizenship or Naturalization.

Chapter: 1400 Technical Requirements Program: FS 3 1410.0104 Noncitizens (FS) Noncitizens may qualify for food stamps based on their status granted by U.S. Citizenship and Immigration Service (USCIS). The following sections discuss different types of noncitizens and their eligibility.

The following individuals are eligible for food stamps indefinitely under the factor of citizenship even if they do not meet the qualified noncitizen status:

1. Persons who were Hmong or Highland Laotians tribe members between August 5, 1964 and May 7, 1975 (including spouses and children, and un-remarried surviving spouses) lawfully living in the United States.

2. American Indians born in Canada, who are residing in the U.S., are eligible for food stamps, based on the factor of immigration status, if they are subject to Section 289 of the Immigration and Nationality Act or a member of an Indian Tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act. Proof of this status includes:

a. I-551 with code S-13; b. unexpired temporary I-551 stamp in a Canadian passport; c. I-94 with code S-13, or d. a letter or other tribal document certifying at least 50% American Indian blood, as required by Immigration and Nationality Act section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada.

Verification of membership in an Indian tribe includes a membership card or other tribal document demonstrating membership in a federally recognized Indian tribe.

If the individual has no document evidencing tribal membership, contact the tribal government for confirmation of the individual’s membership.

Note: These individuals are not subject to the five-year ban. 1410.0105 Qualified Noncitizens (FS) Qualified noncitizens are defined as noncitizens who meet at least one of the following sections of the Immigration and Nationality Act (INA). 1410.0106 Lawful Permanent Resident (FS) A lawful permanent resident (LPR) is a noncitizen who lawfully immigrates to the U.S. and has permission to live and work in the U.S. LPRs may be eligible for food stamps based on citizenship if they entered the U.S.:

1. prior to 8/22/96 and have remained continuously present, 2. on or after 8/22/96 under a prior asylee, refugee, Amerasian, deportation withheld or Cuban/Haitian Entrant status, or 3. on or after 8/22/96 and have lived in the U.S. as a qualified noncitizen for at least five years or if they can be credited with 40 quarters of work. Quarters are the basic unit used by the Social Security Administration to determine an individual’s coverage status for benefits. The term “calendar quarter” refers to a period of three calendar months ending on March 31, June 30, September 30, or December 31. An individual may accumulate quarters by earning at least a certain amount of income for a calendar quarter or earning at least a designated amount of money during the calendar year. At no time may an individual earn more than four qualifying quarters in one calendar year. Quarters of coverage are based on wages or self-employment income, which require the payment of Social Security taxes.

Chapter: 1400 Technical Requirements Program: FS 4 Individuals may be credited with qualifying quarters from the following sources:

1. individual’s work history; 2. quarters earned by a spouse during the period of the legal marriage, unless the marriage ends in divorce; 3. unremarried surviving spouses may count quarters earned during the period of their legal marriage; and 4. quarters earned by parents (biological and adoptive) while the individual was under 18 years of age and unmarried (include quarters earned by the parents prior to the individual’s birth.)

Note: The stepparent’s relationship to the child is based on the marital relationship to the child’s natural parent. If the marital relationship ends, other than by death, the stepparent relationship also ends.

Information regarding the current and preceding years’ quarters of coverage may not be available in the verification system due to the date the tax return from the employer or from the self- employment was filed. This could be up to seven quarters and will need to be taken into consideration when determining eligibility.

The eligibility specialist must verify income to determine any quarters credited which do not appear in the Social Security Administration’s records. Sources of verification include:

1. W-2 (Wage and Tax Statement) or W-2c (Statement of Corrected Income and Tax Amount); 2. employer prepared earnings statement; 3. statements of earnings signed by the custodian of the employer’s records; 4. IRS copy of the employee’s tax return; 5. timely filed tax return for a self-employed individual; 6. other evidence of self-employment that allows the eligibility specialist to determine that a business did exist and that a profit was earned; 7. pay envelopes, vouchers, and similar unsigned employer earnings statements to the employee, a state or federal agency; 8. union records; 9. individual’s copy of a federal or state tax return; 10. records of state unemployment insurance agencies; 11. individual’s personal records and statements; and 12. any other evidence of probative value.

The FLORIDA system will verify quarters earned by members of the standard filing unit (SFU) but a manual determination must be made for individuals outside the SFU whose quarters may be used. The individual’s statement regarding work history and earnings of individuals outside the SFU is accepted in determining the 40 qualifying quarters until the information is verified by the Social Security Administration.

No work history from countries other than the U.S. or qualifying quarters earned after December 31, 1996, during a period when the individual was receiving a federally means tested public assistance program such as TCA, food stamps, Medicaid, or SSI, will be credited toward the 40 qualifying quarters computation.

If there is a dispute regarding the information received from SSA, the individual in question may continue to receive food stamps for up to six months to allow SSA time to research the information.

Chapter: 1400 Technical Requirements Program: FS 5 The following are not subject to the qualifying quarter criteria:

1. LPRs serving as active duty or honorably discharged military personnel in the U.S. Armed Forces, veterans of the U.S. Armed Forces, their spouses and unmarried dependent children; 2. LPRs who were originally admitted as refugees, Amerasians, persons having deportation withheld, asylees, or Cuban/Haitian Entrants; and 3. LPRs who either were 65 on or before 8/22/96, are under 18, or are currently receiving assistance due to blindness or disability and are eligible indefinitely.

Proof of this status includes:

1. resident alien card, (I-551)(commonly referred to as an “green card”), 2. re-entry permit (I-327), or 3. foreign passport with a stamp stating “temporary evidence of lawful permanent resident status”.

Note: LPRs who enter after 8/22/96 are subject to the five-year ban, unless otherwise noted. 1410.0106.01 Noncitizens Serving in the United States Armed Forces (FS) Noncitizens serving in the United States Armed Forces (Army, Air Force, Navy, Marines, or Coast Guard) on active duty for purposes other than training, noncitizen veterans honorably discharged from the United States Armed Forces for reasons other than noncitizen status, who have met the minimum active duty service requirements of Section 5303A(d) of Title 38, United States Code (24 months or the period for which the person was called to active duty), and their spouses and unmarried dependent children, are eligible to receive food stamps on the factor of noncitizen status.

Verification of active duty military status includes:

1. a current Military Identification Card (DD Form 2) that lists an expiration date of more than one year from the date of determination. If the expiration date is less than one year, the individual will need to present a copy of current military orders. 2. verification through the nearest Real Time Automated Personnel Identification System (RAPIDS), or 3. contact with DEERS Support Office Attention: Research and Analysis 400 Gigling Road Seaside, California 93955-6771 FAX (408) 655-8317

Proof of honorable discharge:

The discharge certificate (DD Form 214) or its equivalent indicates the type of discharge.

If the individual is not in possession of their discharge certificate, the specialist should refer the individual to the local Veteran Administration Regional Office for a determination of the individual’s veteran status.

Note: If the individual’s discharge certificate indicates an original enlistment date in the Armed Forces prior to September 7, 1980, there is no minimum active duty service requirement.

Chapter: 1400 Technical Requirements Program: FS 6 An unmarried child is defined as:

1. the biological or legally adopted dependent child of an honorably discharged veteran or an active duty member of the U.S. Armed Forces, 2. not married, and 3. under the age of 18 or under the age of 22 if a full-time student.

An un-remarried noncitizen surviving spouse may also be eligible when the:

1. veteran spouse was a Filipino described in Section 107 of Title 38, U.S. Code, (individuals who served in the Philippine Commonwealth Army during World War II or as a Philippine Scout following the war); or 2. spouse died while on active duty, provided the surviving spouse has not remarried and the marriage fulfills the requirements of Section 1304 of Title 38, U.S. Code.

Section 1304 defines marriage as having met one of the following conditions:

1. The surviving spouse was married to the veteran or active duty military personnel within 15 years after discharge in which the injury or disease leading to the death of the veteran or active duty personnel was incurred or aggravated (Not a factor if the individual died while on active duty) and was married for a period of at least one year. or 2. A child was born during the relationship between the individual and the veteran or active duty military personnel either during or before the marriage.

Note: These individuals are not subject to the five-year ban. 1410.0106.02 Amerasians (FS) Amerasians born in Vietnam fathered by U.S. citizen and admitted to the U.S. as immigrants under Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988 are eligible for food stamps, on the factor of citizenship.

Proof of this status includes unexpired temporary USCIS Form I-551 with code AM6, AM7, or AM8, or USCIS Form I-94 with codes AM1, AM2, or AM3.

Note: These individuals are not subject to the five-year ban. 1410.0107 Asylees (FS) Noncitizens granted asylum under Section 208 received permission to remain in the U.S. based on a “well-founded fear of persecution” should the individual return to the individual’s native land may be considered for asylum. A prospective asylee applies for asylum after entering the U.S., a U.S. territory or a U.S. embassy.

Proof of this status includes:

1. USCIS Form I-94 showing grant of asylum under Section 208, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(5), 3. USCIS Form I-766 (Employment Authorization Card) annotated A5, 4. grant of asylum letter from the Asylum Office of the USCIS, 5. order of an immigration judge granting asylum, or 6. other conclusive documentation of this status.

Note: Individuals granted asylum are not subject to the five-year ban.

Chapter: 1400 Technical Requirements Program: FS 7 1410.0108 Refugees (FS) Refugees are defined as those noncitizens given permission to enter the U.S. under Section 207 of the Immigration and Nationality Act (INA). These noncitizens have applied to be admitted to the U.S. based upon a well-founded fear of persecution in their homeland. Persecution must be due to race, religion, nationality, social or political ties and cannot be economic in nature.

Proof of this status includes:

1. USCIS Form I-94 or I-551 bearing Section 207, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(3), 3. USCIS Form I-766 annotated A3, 4. USCIS Form I-571 (Refugee Travel Document), or 5. other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban. 1410.0109 Victims of Human Trafficking (FS) Victims of severe forms of human trafficking are eligible for benefits to the same extent as a noncitizen who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act. The only exception is the human trafficking victim will not provide USCIS documents. Adult victims will provide a certification letter from the Department of HHS. Children under 18 years old are not required to be certified and will instead be provided an eligibility letter. The agency will accept the certification letter for adults or the eligibility letter for children in place of USCIS documentation.

Before approving these individuals, the validity of the certification or eligibility letter must be confirmed by calling the HHS’ Office of Refugee Resettlement (ORR) at (866) 401-5510. The call will advise ORR of the benefits for which the individual has applied and at the same time ORR will verify whether or not the individual is a trafficking victim.

Certain family members of the Victims of Human Trafficking are now potentially eligible for food stamps. This includes the spouse and children of a trafficking victim 21 years of age or older. If the severe trafficking victim is under 21 years of age, parents, spouses, children, and unmarried siblings under 18 on the date of the “T” visa’s application, are eligible, if they meet all other program criteria. These family members will have a nonimmigrant “T” Visa, with no additional USCIS documentation.

Note: These individuals are not subject to the five-year ban.

Note: Do not use the Verification Information System - Customer Processing System (VIS-CPS) for these individuals, as VIS-CPS does not contain information about them.

Potential Child Trafficking Victims: Potential child trafficking victims are eligible for federally funded benefits and services for up to 90 days pending a final trafficking eligibility decision. An “Interim Assistance Letter” issued to potential child victims by the Department of HHS, Office of Refugee Services (ORR) will certify this status. These children are eligible for benefits beginning with the eligibility began date on the interim assistance letter. ORR will issue a final trafficking determination on the child within this interim period. If denied a final trafficking status, terminate benefits at the end of the month in which the 90th day falls. 1410.0110 Parolees (FS) Parolees under Section 212(d)5 for at least one year; Noncitizens granted temporary parole status for a total period of at least one year by the Attorney General under Section 212(d)(5) of the Immigration and Nationality Act (INA) are eligible on the factor of noncitizen status.

Chapter: 1400 Technical Requirements Program: FS 8 Verification for this status includes:

1. USCIS Form I-94 indicating that the individual has been paroled under this section of the INA, or 2. USCIS Form I-688 with codes 274a.12(a)(4), 274a.12 (c)(11), or 3. USCIS Form I-766 with codes A4 or C11, or 4. other conclusive documentation of this status.

Note: If the USCIS document does not reflect at least a one-year period, the eligibility specialist must institute secondary verification. 1410.0111 Deportation Withheld (FS) A noncitizen whose deportation has been withheld pursuant to Section 243(h) or 241(b)(3) of the Immigration and Nationality Act (INA) may be eligible for food stamps on the factor of citizenship from the date deportation was withheld.

Verification of this status includes:

1. an order from an immigration judge showing that deportation has been withheld under Section 243(h) of the INA as in effect prior to April 1, 1977, or removal withheld under 241(b)(3). 2. USCIS Form I-766 (Employment Authorization Card) annotated A-10. 3. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12.(a)(10).

The court will include the date deportation was withheld. If the applicant does not present a court order, do secondary verification.

Note: These individuals are not subject to the five-year ban. 1410.0112 Cuban/Haitian Entrants (FS) Cuban/Haitian Entrants is defined in Section 501(e) of the Refugee Education Assistance Act of 1980 as any national of Cuba or Haiti who:

1. was granted parole status as a Cuban/Haitian Entrant (status pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; or

2. any other national of Cuba or Haiti who:

a. was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act (INA); b. is the subject of exclusion or deportation proceedings under the INA; or c. has an application for asylum pending with the USCIS, and with respect to whom a final, non-appealable, and legally enforceable order of deportation or exclusion has not been entered.

Verification for this status includes:

1. USCIS Form I-94, stamped paroled as “Cuban/Haitian Entrant, Status Pending”, 2. USCIS Form I-55I with code CU6 or CH6, 3. unexpired temporary I-55I stamp in foreign passport, 4. USCIS Form I-94 with code CU6 or CH6.

Note: These individuals are not subject to the five-year ban.

Chapter: 1400 Technical Requirements Program: FS 9 1410.0113 Battered (FS) A battered individual, or parent or child of a battered person with a petition pending under Section 204(a)(1)(A) or (B) or 244(a)(3), as determined by U.S. Citizenship and Immigration Services (USCIS) are defined as noncitizens who are, or have been battered or subjected to extreme cruelty in the United States by a family member with whom they reside. This includes a noncitizen whose child or a noncitizen child whose parent has been abused. The phrase battered or subjected to extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence.

Battered noncitizens that have not been in a battered status for five years or more must be in another qualified status to be eligible for food stamps. Sponsored noncitizens who have been determined to meet the battered noncitizen status are exempt from sponsored noncitizen deeming for a period not to exceed a total of 12 months. The battered status must be reviewed every 12 months so that the noncitizen may continue to be exempt from sponsor deeming.

Note: These individuals are subject to the five-year ban if entry date is after 8/22/96. Battered children under the age of 18 are not subject to the five-year ban.

Noncitizens who claim to be battered must satisfy all the following requirements:

1. Show that noncitizen has an approved or pending petition which makes a prima facie case for immigrant status in one of the following categories:

a. a Form I-130 filed by their spouse or the child’s parent; b. a Form I-130 petition as a widow(er) of a U.S. citizen; c. an approved self-petition under the Violence Against Women Act (including those filed by a parent; or d. an application for cancellation of removal or suspension of deportation filed as a victim of domestic violence.

2. The noncitizen, the noncitizen’s child or the noncitizen child’s parent has been abused in the U.S. under the following circumstances:

a. The noncitizen has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse’s or parent’s family residing in the same household if the spouse or parent consent to the battery or cruelty. b. The noncitizen’s child has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse’s family residing in the same house if the spouse or parent consents to the battery or cruelty, and the noncitizen did not actively participate in the battery or cruelty. c. The parent of a noncitizen child has been battered or subjected to extreme cruelty in the U.S. by the parent’s spouse, or by a member of the spouse’s family residing in the household as the parent, if the spouse consents to or allows such battery or cruelty.

3. The battered noncitizen, child, or parent no longer lives in the same household as the abuser(s).

4. There is a substantial connection between the battery or extreme cruelty and the need for public assistance.

Proof of the battered status includes:

1. individual’s statement for proof of no longer living with the abuser and direct connection between battery and need for public assistance;

Chapter: 1400 Technical Requirements Program: FS 10 2. approved petitions or orders granted by USCIS; 3. restraining order or criminal conviction against the abuser; 4. charges brought about that lead to the conviction of the abuser; or 5. credible evidence of the abuse which includes but is not limited to, reports or affidavits from law enforcement, judges or other court officials, medical personnel, school officials, social workers, mental health providers, other social service agency personnel, legal documents, residence in a battered spouse shelter or similar refuge, photographs of the injuries, or sworn affidavits from friends, family members, or other third parties with personal knowledge of the battery or cruelty.

The eligibility specialist cannot delay authorization of an application or request for additional assistance while awaiting verification to establish battery or extreme cruelty. If it is later discovered that the noncitizen does not meet these criteria, a Benefit Recovery referral must be made.

Note: The eligibility specialist does not need to determine if the battered noncitizen meets the three criteria listed above for noncitizens who meet one of the other qualified noncitizen statuses unless it is to the noncitizens advantage such as sponsored noncitizens. 1410.0114 Verification Requirements for Noncitizens (FS) The eligibility specialist must verify the immigration status of all noncitizens applying for or receiving food stamps through the U.S. Citizenship and Immigration Service (USCIS). If a noncitizen does not wish for our Agency to contact USCIS to verify immigration status, the household must be given the option of withdrawing its application or participating without that member. If this occurs, the agency must not continue in efforts to obtain that documentation. Instead that individual is technically ineligible for benefits.

When verifying noncitizen status, the agency uses automated verification by Verification Information System-Customer Processing System (VIS-CPS).

If a noncitizen is unable to provide any documentation to verify immigration status, the eligibility specialist is not responsible for contacting USCIS on the noncitizen’s behalf unless the individual requests assistance in obtaining documentation or verification of immigration status.

An expired noncitizen registration card does not necessarily mean that the noncitizen lost their immigration status. If VIP-CPS does not indicate the noncitizen has an acceptable status, the noncitizen should be referred to USCIS to obtain current USCIS documentation. If obtaining USCIS documentation would place an undue hardship on the noncitizen, or the noncitizen is hospitalized or suffers from a medical disability, the eligibility specialist must continue to process the application. The USCIS documentation provided will be manually verified with USCIS.

Examples of undue hardship include, but are not limited to, living a distance from the USCIS office, lack of transportation, or a several months waiting period for an appointment with USCIS.

If a noncitizen does not have any documentation of immigration status, but can provide the “Noncitizen registration number,” the eligibility specialist will verify the number using the VIS-CPS system. If the number is verified, and VIS-CPS indicates the individual has an immigration status, this is acceptable documentation of the noncitizen’s immigration status for all programs. However, in this situation, the individual’s identity must be verified to ensure the noncitizen registration number belongs to the individual.

Note: If a noncitizen provides any form of USCIS documentation, regardless of the expiration date, showing an eligible Immigration Act section, the eligibility specialist must accept the documentation and verify the individual’s status through the VIS-CPS system. When the VIS- CPS system requests secondary verification, benefits may not be withheld pending response from the secondary verification, providing all other technical eligibility factors are met.

Chapter: 1400 Technical Requirements Program: FS 11

If the secondary verification shows that the noncitizen no longer has an eligible immigration status, a Benefit Recovery referral will be initiated for the total amount of assistance received during the interim investigation period. 1410.0115 VIS-CPS (FS) VIS-CPS must be completed for noncitizens:

1. at application or reapplication, 2. when adding a noncitizen individual, 3. at every review for individuals who do not have a permanent resident status, and 4. any time there is a change to alien status.

A noncitizen who has what appears to be a “good” USCIS document, when VIS-CPS indicates contradictory information, will be considered potentially eligible until secondary verification is returned confirming the status. Do not hold, deny or terminate benefits waiting for the secondary verification. 1410.0117 Noncitizens not Eligible for Assistance (FS) The following individuals are not eligible for food stamps on the factor of citizenship status:

1. foreign government representatives on official business and their families and servants, 2. visitors for business or pleasure, including exchange visitors, 3. crewmen on shore leave, 4. noncitizen in travel status while traveling directly through the U.S., 5. treaty traders and investors and their families, 6. foreign students, 7. international organization representatives and individuals and their families and servants, 8. temporary workers including agricultural contract workers, or 9. members of foreign press, radio, film, or other information media and their families.

Verification is usually the I-94, Arrival-Departure Record, annotated with the letters “A” through “V”, except “T” (A-2, B-1, etc.). 1410.0118 Reporting Illegal Noncitizens (FS) Substantial evidence of unlawful presence in the United States (U.S.) must exist before an individual can be reported to U.S. Citizenship and Immigration Services (USCIS). Do not attempt to make a determination of unlawful presence in the following situations when:

1. an individual declines to present documentation of immigration status. 2. a VIS-CPS response shows no USCIS record on the individual. 3. a VIS-CPS response shows an immigration status that makes the individual ineligible for benefits. or 4. secondary verification shows that the individual’s USCIS status has expired.

Individuals who are not applying for benefits are not to be reported as unlawfully present in the US. Additionally, staff should not seek verification status through VIS-CPS, or through any secondary verification process, for individuals who are not applying for benefits. This is because those applying for food stamps may live with others who are not applying for benefits but who may not be lawfully present in the US.

Who must be reported:

Before it is determined that an individual is unlawfully present in the US, the individual must provide a formal non-appealable order of deportation. This document is required because prior to

Chapter: 1400 Technical Requirements Program: FS 12 issuing the order of deportation, the case has had a formal review by USCIS or by the Executive Office of Immigration Review. Reporting:

Region or Circuit Program Offices must make a quarterly report to headquarters if the region or circuit determines there are noncitizen applying for benefits who are unlawfully present in the US. It is only necessary to send a quarterly report to headquarters when noncitizens who are not lawfully present in the United States are identified. When necessary to report, please send the report within 15 days following the quarter ending in March, June, September and December. The headquarters staff will forward the relevant reports to USCIS. If a report is necessary, it must include the name, address and other identifying information, such as how the determination was made that the individual is not lawfully present in the US. 1410.0200 SOCIAL SECURITY NUMBER (FS) As a condition of eligibility the Social Security Number (SSN) for each individual included in the assistance group must be obtained.

A verbal statement providing the SSN is sufficient if the SSN is validated through data exchange. If the SSN is not validated through Data Exchange, the eligibility specialist must obtain documentation of the individual’s SSN. The following documentation is acceptable:

1. SS card; 2. other correspondence from SSA containing the individual’s name and account number (if the number has an A, J, M or T suffix, this is the SSN).

If the SSN is unknown or has never been obtained, the individual must:

1. apply for an SSN through the local SSA office, or 2. apply for an SSN through the Florida enumeration at birth process.

Evidence that the individual has applied includes:

1. the SSA filling receipt for application, 2. an SSA 2853 indicating that an SSN was requested at the hospital, 3. the child’s birth certificate with “yes” annotated in Section 11d, or 4. a screen print from BVS with a “y” indicator in the child issue field.

The eligibility specialist must request the SSN at each future contact, when the application for an SSN has been made. In the case of a newborn, the household has six months from the birth month or until the next redetermination, whichever is later, to provide the social security number for the newborn. 1410.0204 When SSN is not Provided/Refusal to Apply (FS) The needs of the individual or child without an SSN must be excluded from the assistance group if an individual fails without good cause to provide or apply for an SSN on his own behalf or on the behalf of the individual’s child(ren) or nonrelative child(ren).

Eligibility under this factor is determined if good cause exists. Good cause must be evaluated at each recertification in order for the individual to retain continued eligibility. Expedited households must apply or provide an SSN prior to the first full month of eligibility unless good cause exists.

To determine if good cause exists, documentary evidence or collateral information indicating that the individual has applied for an SSN or made every effort to supply information to complete the application must be considered.

Chapter: 1400 Technical Requirements Program: FS 13 1410.0205 Suspected and Confirmed Multiple SSNs (FS) Suspected multiple SSNs exist when the eligibility specialist has reason to believe that an individual has more than one SSN. Confirmed multiple SSNs exist when an individual presents different Social Security cards with the same or similar names and different numbers.

If either of these situations arises the individual must be asked to clarify the problem with the SSA office. 1410.0300 RESIDENCY (FS) Individuals must live in the state, but do not have to have the intent to permanently reside in the state in which they make application. Individuals in the state solely for vacation purposes are not considered residents. A fixed living or mailing address is not required.

Temporary Cash Assistance requirements for residency will be applied to categorically eligible assistance groups. Homeless individuals are considered residents.

Residency must be verified. This can be accomplished in conjunction with verification of other factors including identity, and through collateral contact or other available documentary evidence. 1410.0310 Temporary Absence from the State (FS) Temporary absence from the state exists when a visit for a period of less than one calendar month is made out of the state and the intent is to return. Household members away from home because of a vacation or illness will maintain their household member status if they are in the home during any part of the calendar month. If the absence is to cover a full calendar month, the individual(s) should be removed from the assistance group. These changes should be reported prior to departure. 1410.0400 IDENTITY (FS) The identity of the individual making application must be established as a condition of eligibility. Use any available documentation as proof of identity, but if unavailable, make a collateral contact. If an authorized representative applies on behalf of a household, the identity of both the authorized representative and the individual making application must be established. If the individual(s) is known to the interviewer, this information must be recorded in order for the identity to be considered established.

Examples of acceptable documentation include but are not limited to:

1. driver’s license, 2. data from the Driver’s And Vehicle Express (DAVE) system, 3. work or school ID, 4. ID for health benefits or for any assistance or social services program, 5. voter registration card, 6. wage stubs, or 7. birth certificate (except for voided Puerto Rican birth certificates after September 30, 2010). 1410.0400.01 Customer Authentication (FS) As a condition of eligibility, applicants and recipients must have their identity verified prior to authorization of benefits. Customer Authentication is a two-step process that “Discovers and Authenticates” an individual’s identity. The discovery process uses the name, social security number, and the date of birth entered by the applicant into the web application to ensure they match an actual identity. In the authentication process, the applicant is asked to answer a series of multiple-choice authentication questions at the end of the web application that only the

Chapter: 1400 Technical Requirements Program: FS 14 individual should be able to answer. Once an individual’s identity is both discovered and authenticated, the technical eligibility factor of identity is established.

If the individual opts not to answer the questions or does not correctly answer the questions, the eligibility specialist must complete the verbal authentication process.

The individual does not have to answer the authentication questions to continue with the online application. All paper applications must complete the verbal authentication process. 1410.1100 LIVING ARRANGEMENTS (FS) This section describes policies relating to eligibility and living arrangements. 1410.1101 Residents of Institutions (FS) Residents of institutions, with certain exceptions, are not eligible to participate in the Food Stamp Program. Individuals are considered residents of institutions when the institution provides them with the majority of their meals (50% of three meals a day) as a part of its normal services, and the institution has not been authorized by FNS to accept food stamps.

Individuals of any age who are prisoners, inmates, detainees, or convicts placed under detention or custody of a Federal, State, or local penal, correctional, or other detention facility or institution for more than 30 days are not eligible for food stamp benefits.

Students who purchase a majority of their meals at one of the school’s facilities are considered residents of an institution regardless of whether obtaining meals at a school facility is mandatory or optional.

Individuals who do not receive their meals from the institution but who prepare their own food, are participating in the Delivered Meals Program, or a Communal Dining Program, are eligible for food stamps if the institution is not authorized to accept food stamps. 1410.1102 Exemptions from Institutional Provisions (FS) The following individuals residing in group facilities are not considered residents of an institution for the purpose of qualifying for the Food Stamp Program:

1. any narcotics addict or alcoholic who resides at a facility or treatment center under the supervision of a Drug/Alcoholic Treatment and Rehabilitation Program unless the individual of any age is under detention or custody of a Federal, State, or local penal, correctional, or other detention facility or institution for more than 30 days; 2. residents of federally subsidized housing for the elderly under either Section 202 of the Housing Act of 1959 or Section 236 of the National Housing Act; 3. certain blind/disabled individuals who live in authorized small group living arrangements licensed for 16 residents or fewer; 4. individuals or individuals with children temporarily residing in a shelter for battered persons (such individuals shall be considered individual household units for purposes of applying for and participating in the program); or 5. residents of public or private nonprofit shelters for homeless individuals.

Chapter 2200 describes special provisions for the residents of these facilities.

Chapter: 1400 Technical Requirements Program: FS 15 1410.1700 CHILD SUPPORT COOPERATION (FS) Under state and federal law, the state must take action to locate non-custodial parents, establish paternity, and secure all child support, medical support, or other benefits for children receiving public assistance.

Applicants for and recipients of food stamps (including caretaker relatives receiving food stamps) must cooperate with Child Support Enforcement (CSE) as a condition of eligibility, unless it is determined that good cause for non-cooperation exists. 1410.1702 Child Support Cooperation Requirements (FS) Cooperation with Child Support Enforcement (CSE) by a parent or caretaker relative is required when:

1. the parent or caretaker is applying for or receiving food stamps, 2. paternity has not been established and the alleged father is not in the home, 3. one or both parents are absent from the home, or 4. good cause for non-cooperation does not exist as determined by CSE.

The parent or caretaker relative must cooperate with the following:

1. identifying and locating the parent(s) of the child, 2. establishing the paternity of the child, and 3. obtaining child support payments for the child or amending a court order. 1410.1704 Definition of Cooperation (FS) Cooperation includes the following:

1. providing complete information required to obtain child support (if information about the non-custodial parent is known by the individual but is withheld, the individual may face a possible penalty of perjury); 2. completing and signing affidavits attesting to paternity of the child; and 3. making court appearances and providing testimony in paternity hearings and support actions. 1410.1705.01 Definition of Non-Custodial Parent (FS) The term “non-custodial parent” refers to non-custodial (absent) legal fathers, non-custodial (absent) mothers, and all putative (non-legal biological) fathers. 1410.1705.02 Legal Father and Natural Father (FS) If both a legal and putative father exists, or the responsibility for support is not clear, the parent or caretaker relative must provide information on both the legal and putative father. 1410.1706 Cooperation by a Pregnant Woman (FS) Pregnant women who are receiving food stamps for themselves and other dependent children are required to cooperate with CSE unless they have good cause reasons not to cooperate. A pregnant woman with no other children is not referred for CSE cooperation until the child is born. 1410.1707 Good Cause for Failure to Cooperate (FS) Cooperation in establishing paternity and/or securing support may be contrary to the best interest of the family. In those situations, a parent or caretaker relative may have good cause for not cooperating. Child Support Enforcement (CSE) must advise these individuals of reasons for good cause.

Chapter: 1400 Technical Requirements Program: FS 16 The eligibility specialist must refer the individual to CSE even when it appears that good cause exists. 1410.1708 Reasons for Good Cause (FS) Accept the good cause determination by Child Support Enforcement. Good cause may exist when cooperation in establishing paternity or securing child support could result in one of the following conditions:

1. physical harm to the child - examples are broken bones, bruises, burns, lacerations, etc.; 2. emotional harm to the child - examples are poor school performance, sleep disturbances, self destructive behavior, eating disorders, etc.; 3. physical harm to the parent or caretaker relative, which reduces the individual’s capacity to care for the child adequately (such as life threatening injury); or 4. emotional harm to the parent or caretaker relative to such a degree that the individual’s capacity to adequately care for the child is diminished (such as any psychological disorder or dysfunction which has a serious impact on the individual’s abilities as caretaker).

Good cause may also exist under the following circumstances:

1. the child was conceived as a result of incest or forcible rape, 2. legal proceedings for the adoption of the child are pending before a court, or 3. the parent or caretaker relative is being assisted by a public or licensed private social agency to determine whether or not to relinquish the child for adoption (this circumstance is valid for three months). 1410.1709 Failure to Cooperate (FS) When the parent, including a teen parent or caretaker relative refuses to provide information regarding the non-custodial parent of a child under the age of 18 residing in the home during an application or eligibility review, the eligibility specialist must review child support cooperation requirements with the individual.

Note: A pregnant woman with no other deprived children is not subject to child support cooperation until the child’s birth.

Deny food stamp assistance for the individual (adult or teen parent) subject to child support cooperation if he/she does not express an intent to claim good cause or the intent to cooperate with Child Support Enforcement and authorize benefits for the other household members, if eligible. A referral to the Department of Revenue, Child Support Enforcement Agency to establish cooperation is not necessary when the individual expresses intent not to cooperate or claim “good cause”. 1410.1710 CSE Reports of Failure to Cooperate (FS) When Child Support Enforcement (CSE) requests a sanction be imposed because a custodial parent or caretaker relative did not comply with Child Support Enforcement requirements, immediate action will be taken to remove the non-compliant custodial parent or caretaker relative from food stamps, allowing for a 10-day notice of adverse action. The non-cooperative custodial parent will be treated as “technically ineligible” for food stamp budgeting purposes. Refer to passage 2610.0410 for how to treat these individuals. 1410.1711 Ending Sanction (FS) Eligibility staff must:

Chapter: 1400 Technical Requirements Program: FS 17 1. Remove the sanction upon Child Support Enforcement’s request that the individual complied. 2. Add the individual back into the food stamp assistance group (must meet all other factors of eligibility). 3. Not require an application unless the entire food stamp assistance group is closed.

Remove CSE imposed sanctions for noncooperation without CSE approval in the following situations:

1. When the last child subject to cooperation leaves the home. 2. When the last child subject to cooperation turns 18. 3. When the absent parent, based on established legal paternity, moves into the home and 4. When a non-legal parent moves into the home and completes the DH 432 acknowledging paternity and staff forwards the completed DH 432 to CSE or the Department of Health State Office of Vital Statistics.

The effective date for adding the sanctioned individual is the first month following the date of compliance. 1410.1800 ABLE-BODIED ADULT WITHOUT DEPENDENTS (FS) Able-bodied adults without dependents (ABAWDs) are persons 18 through 54 years of age, who do not have dependent children and who do not meet an exemption. “Time-Limited” ABAWDs are individuals who are not otherwise exempt from Supplemental Nutritional Assistance Program (SNAP) Employment and Training (E&T) work registration and participation and do not meet an exemption to the ABAWD time limits. An individual who can be reasonably anticipated to become an ABAWD at some point within the four-month certification period and will not meet any other exemptions is considered to be a potential ABAWD. Some examples of potential ABAWDs include: • Last child is turning 18, • Graduating from school, • Employment is expected to end, or • Unemployment Compensation Benefits (UCB) is expected to end 1410.1801 ABAWD Provisions (FS) “Time-Limited” ABAWDs are not eligible to participate in the Food Stamp Program if, during the assigned 36-month period preceding the month of application, the individual received food stamps for any three months in which the individual was not:

1. Working 80 hours or more monthly; 2. Participating in an Employment program that includes work, on the job training, volunteer work, and job search for 80 hours or more a month; or 3. Participating for 80 hours or more monthly, in a combination of work and work program activities

ABAWDs are required to report whenever their work hours fall below 80 hours per month. Staff must encourage all customers who meet a SNAP E&T exemption to report when hours fall below 80 hours per month. The customer will become a time-limited ABAWD the month the hours drop below 80 hours per month.

“Time-Limited” Able-Bodied Adults Without Dependents who have exhausted their time limit (three months in the designated 36-month period) to receive food stamps will be treated as technically ineligible (Prorated) individuals for food stamps.

Chapter: 1400 Technical Requirements Program: FS 18 Note: * The Department began the current 36-month period on January 1, 2022, and expires on December 31, 2024. New 36-month periods begin every third year on January 1 and expires on December 31. 1410.1802 Exemptions from ABAWD Provisions (FS) The time limit does not apply and the individual is not a “time-limited” ABAWD if he or she meets any of the following exemptions:

1. Is under 18 years of age or over 54 years of age. A person is considered 55 on their 55th birthday.

1. Physically or mentally unfit for employment (including 2 months post-partum). An individual is physically or mentally unfit for employment if he or she:

a. Is receiving temporary or permanent disability benefits issued by governmental Supplemental Security Income/Social Security Disability Income (SSI/SSDI) or private sources. Is obviously mentally or physically unfit for employment as determined by the eligibility specialist. Individuals are obviously unable to participate due to a physical or mental incapacity only if the physical or mental impairment(s) are of such severity that the individual is not only unable to do their previous work but cannot, considering education and work experience, engage in any other kind of substantial gainful work which exists in the national/state/local economy. This includes individuals who have proof of applying for SSI. The eligibility specialist is to record observations used to determine unfitness on CLRC.

b. If the unfitness is not obvious, it must be verified with a written or verbal statement from a physician, physician’s assistant, nurse, nurse practitioner, designated representative of the physician’s office, a licensed or certified psychologist, a social worker, or other medical personnel indicating, the individual is physically or mentally unfit for employment.

3. Is a parent (natural, adoptive, or step) or other member of the food stamp standard filing unit (SFU) with a child under age 18 in the standard filing unit, even if the member who is under 18 is not eligible for food stamps.

4. Is residing in an SFU where an SFU member is under age 18, even if the SFU member who is under 18 is not himself eligible for food stamps.

5. Is pregnant.

6. Is caretaker of an incapacitated individual.

7. Is caretaker of a child under 6 years of age.

8. Is a UCB applicant/recipient.

9. Is in a Drug or alcohol treatment program (does not include Alcoholics or Narcotics Anonymous or Sober Living Houses).

10. Is employed 120 hours/month or equivalent earnings (at least $870 monthly).

11. Is a student enrolled at least half time.

12. Is a refugee participating in Office of Refugee Resettlement (ORR) E&T program.

Chapter: 1400 Technical Requirements Program: FS 19 13. Is a migrant worker with agreement to begin work within 30 days.

14. Is a homeless individual (lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is a supervised shelter designed to provide temporary accommodations).

15. Is a veteran (served in any United States Armed Forces).

16. Is an individual who is 24 years of age or younger and who was in foster care under the state’s responsibility on the date they reached 18 years of age” (former foster care individual). 1410.1802.01 Good Cause from ABAWD Provisions (FS) “Good Cause” is a temporary situation that an employer would normally excuse and the individual has returned to work/work activities. This provision is limited to situations where the ABAWD was already working or participating in the employment and training program (E&T) but then became temporarily noncompliant and has returned to compliance.

Recipients may have a good cause reason for not complying with work requirements. Noncompliant ABAWDs must be given the opportunity to claim good cause prior to imposing a sanction from CareerSource. ABAWDs meeting the work requirements on their own also have the opportunity to claim good cause prior to using a time limited month. The department is responsible for determining good cause when an ABAWD refuses or fails to comply with work requirements. Good cause must not be granted up-front prior to referring to CareerSource. Good cause applies to situations in which an individual is normally able to meet the ABAWD work requirement but does not due to circumstances beyond their control. Most instances of good cause are short-term or temporary events. If the event is not temporary, the eligibility specialist should explore if the individual meets an exemption. 1410.1803 Referrals - Able-Bodied Adult without Dependents (FS) The eligibility specialist is required to work register applicants and recipients who meet the ABAWD criteria unless they meet one of the work exemptions noted in passage 1410.1802. 1410.1804 Becoming Eligible – After Sanction (FS) An ABAWD can become eligible for food stamps if the individual does one of the following:

1. Becomes Exempt. 2. During the first three time-limited months, “time-limited” ABAWDs that are sanctioned when they fail to comply with the work requirements may become eligible if during any month they comply. The minimum sanction period must be served.

Note: If the ABAWD has already received three time limited months, then evaluate regaining.

3. New 36-month period starts in order to receive food stamps again. 1410.1806 Regaining Eligibility after Time Limited Months Exhausted (FS) The eligibility specialist will discuss the process of regaining eligibility with all applicants and recipients who meet the ABAWD criteria and have exhausted their time limits. Months in which an individual receives food stamps for the full benefit month but did not meet the work requirements, or was not exempt, count toward the three-month time limit. There is no limit as to how many times an individual may regain eligibility and subsequently maintain eligibility by complying with the work requirement.

Chapter: 1400 Technical Requirements Program: FS 20 Individuals denied eligibility for food stamps after receiving benefits for three time-limited months in the designated 36-month period without meeting an exemption may regain eligibility for food stamps if during a 30-day period prior to applying, the individual does one of the following:

1. works 80 hours or more; or 2. participates in and complies with the requirements of a work program for 80 hours or more

An individual who regains eligibility for food stamps shall remain eligible, as long as the recipient continues to meet the ABAWD work provisions, or they meet an exemption.

An individual required to comply with the able-bodied provisions who regains eligibility, and then no longer meets the requirements under this provision, shall remain eligible for a consecutive three-month period beginning with the date the individual notifies the eligibility specialist of the change in their circumstances or reapplies. The receipt of a second three-month food stamp period (bonus months) is allowed only once during the 36-month period. 1410.1807 Bonus Months under the ABAWD Provisions (FS) ABAWDs can receive an additional three months of eligibility if they have exhausted their three time limited months, regained eligibility through work, and are no longer fulfilling the work requirement. These are called the bonus months. Bonus months must be used consecutively and can only be used once in the three-year period. If the ABAWD is a current food stamp recipient and loses employment or their work hours fall below 80 hours monthly, the three consecutive bonus months of eligibility will begin when the individual notifies the Department that they are no longer meeting the ABAWD work requirements.

Bonus months will begin with the first full month of food stamps following the month they notify us. If the ABAWD was participating with CareerSource, the three consecutive bonus months will begin when the Department is notified that the ABAWD is no longer in compliance. If the ABAWD is not currently receiving food stamp, eligibility must first be regained prior to becoming eligible for use of bonus months. The use of bonus months must be recorded on the tracking screen (ARFS) and CLRC. While receiving bonus months, an ABAWD may become noncompliant with CareerSource and receive a sanction. The sanction for noncompliance will cancel out any remaining bonus months. Once the three consecutive bonus months have been used, an ABAWD must meet the ABAWD work requirements or have an exemption in order to receive food stamps for the remaining three-year period.

Note: Bonus months only apply to individuals who have regained eligibility through work. 1410.1900 EMPLOYMENT AND TRAINING (FS) Certain individuals who are not exempt must register and/or participate in SNAP E&T or work activities. Individuals who are not in the benefit calculation are not subject to these requirements. At application and recertification, staff must discuss possible exemptions for a deferral from participation.

For paper applications, provide the household with Food Stamp Work Registration Notice CF-ES 2095 with the names of all mandatory AG members. If the mandatory AG member is not the member completing the interview, explain work requirements and provide the form with the mandatory members’ names to the member completing the interview. 1410.1904 Determination of Participation Status (FS) Determine the participation status of each individual in the AG prior to approval of the application. Complete work registration and refer individuals to participate by providing the Food Stamp Work Registration Notice CF-ES 2095 and by entering the referral code on the electronic case. At

Chapter: 1400 Technical Requirements Program: FS 21 application and recertification, discuss possible exemptions and potential good cause reasons that will allow a deferral from participation until the next recertification. Good cause reasons include circumstances beyond the individual’s control that DCF can anticipate will continue for the entire certification period. Record all good cause reasons in the running record comments. Some good cause reasons are:

1. temporary illness; 2. illness of another person in the home requiring the presence of the individual in the home (a doctor’s statement is required if the illness is questionable); 3. an SFU emergency or circumstances beyond the control of the SFU that prevent compliance with the work requirements; 4. public or private transportation is not available in the area on a consistent basis and the transportation cost exceeds the allowable $25 reimbursement; 5. responsible for a dependent child between the ages of six and 12 for whom no adequate child care is available; 6. individuals who reside an unreasonable distance from potential employment (more than two hours round trip excluding time required to transport child to child care); 7. expedited SFUs certified for one month; or 8. persons who reside in a geographic area of the state for which the Department determines that no federal, state or local funds are available to provide services offered.

Work registration must occur:

1. at the time of the application interview; 2. each time the individual loses an exemption; 3. each time the individual re-enters the Food Stamp Program after an absence of at least one month; 4. when 12 months have passed since the individual last registered for work. 1410.1906 Exemptions from SNAP E&T (FS) Individuals meeting one or more of the following conditions are exempt from work requirements:

1. Under age 16 or age 60 or older; age 16 or 17 who is not the payee/head of a household, or who is attending school, or is enrolled in an Employment and Training Program at least half-time; 2. Physically or mentally unable to work; 3. Complying with TCA work requirements; 4. Responsible for care of a dependent child under age six or responsible for an incapacitated individual; 5. Applying for or receiving unemployment compensation; 6. Drug and/or Alcohol Treatment and rehabilitation Program participant (not Alcoholics Anonymous, Narcotics Anonymous, or Sober Living Houses); 7. Working a minimum of 120 hours/month or equivalent hours (at least $870 monthly); migrant and seasonal farm workers who are under agreement with an employer or crew chief to begin employment within the next 30 days; 8. A student enrolled at least half-time in any recognized school (high school, training program, or an institution of higher education); 9. Recipient of SSI/SSDI; 10. UCB applicant/recipient; or 11. Refugee participating in Office of Refugee Resettlement (ORR) E&T program 1410.1906.01 Individuals under 16 Years of Age (FS) Individuals under 16 are exempt from SNAP E&T work requirements. Individuals whose 16th birthday occurs during the certification period must comply with work requirements starting at the

Chapter: 1400 Technical Requirements Program: FS 22 next recertification, unless the individual meets another exemption. Accept the individual’s statement of age unless questionable. 1410.1906.02 Individuals Age 60 or Over (FS) Individuals age 60 or over are exempt from SNAP E&T work requirements. Accept the individual’s statement of age unless questionable. 1410.1906.03 Individuals Age 16 or 17 and Attending School (FS) An individual age 16 or 17 is exempt from SNAP E&T work requirements if the individual is not the payee/head of the household, or is attending school, or is enrolled in an Employment and Training Program on at least a half-time basis. The individual’s statement is acceptable verification, unless questionable. 1410.1906.04 Physically or Mentally Unfit for Employment (FS) Individuals physically or mentally unfit for employment are exempt from SNAP E&T work requirements. An individual is physically or mentally unfit for employment if he or she is:

1. Receiving disability benefits issued by the government (Supplemental Security Income or Social Security Disability) 1410.1906.05 Care of an Incapacitated Individual (FS) Individuals responsible for the care of an incapacitated individual are exempt from SNAP E&T work requirements. The incapacitated individual may or may not be an SFU or an AG member. In addition, the incapacitated individual need not reside with the SFU or the AG. The individual’s statement is acceptable verification unless questionable. 1410.1906.07 Responsible for Care of Dependent Child (FS) Individuals responsible for the care of a dependent child under age six are exempt from SNAP E&T work requirements. There must be one child per exempt adult in the SFU. Two parents must have at least two dependent children in their SFU to meet this exemption. If the SFU contains two parents but only one child under age six, only one parent meets the exemption.

If the child’s sixth birthday occurs during the certification period, the parent must comply with work requirements starting with the next recertification unless the parent meets another exemption. The individual’s statement of the child’s age is acceptable unless questionable. 1410.1906.08 Students (FS) Students enrolled on at least a half-time basis (as defined by the institution) in any recognized school, training program, or institution of higher education are exempt from SNAP E&T work requirements.

Students remain exempt during normal periods of class attendance, vacation, and breaks, unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term (excluding summer). 1410.1906.09 Drug Addiction/Alcoholic Treatment (FS) Individuals enrolled and regularly participating in a Drug Addiction or Alcoholic Treatment and Rehabilitation Program are exempt from SNAP E&T work requirements.

Participants in Alcoholics (AA), Sober Living Houses, and Narcotics Anonymous (NA) do not meet an exemption unless they are attending these meetings as a part of a certified treatment center program.

Chapter: 1400 Technical Requirements Program: FS 23 The individual does not have to be a resident of a center. However, the Substance Abuse Program must certify the treatment center as an eligible facility. The provider must verify the individual is participating in the treatment program. 1410.1906.10 Complying with Work Requirements for TCA/RAP/Match Grant (FS) Individuals subject to and complying with any work requirement under Title IV-A of the Social Security Act (TCA participants) are exempt from SNAP E&T work requirements.

Evaluate individuals sanctioned for failure to comply with any TCA work requirements to determine if they meet a food stamp exemption. If they meet a food stamp exemption, do not apply a sanction to the food stamp benefits. If they do not meet a food stamp exemption, apply a sanction according to food stamp work requirements. 1410.1906.11 Receiving Unemployment Compensation (FS) SNAP E&T considers individuals receiving unemployment compensation to be participating in a work activity and exempt from SNAP E&T work requirements. An individual who has applied for, but is not receiving unemployment compensation, is exempt if the individual must register for work with CareerSource as part of the unemployment compensation application process. 1410.1906.12 Working Minimum of 120 Hours Monthly (FS) Individuals are exempt from SNAP E&T work requirements if they are employed or self-employed and meet one of the following criteria:

1. working a minimum of 120 hours/month; 2. receiving earnings equal to or greater than the federal minimum wage multiplied by 120 hours (at least $870 monthly); or 3. migrant or seasonal farm workers under contract or similar agreement with an employer to begin work within 30 days.

When determining whether a self-employed individual is exempt, use the following information:

1. Income alone may be sufficient.

2. The self-employment enterprise must require 120 hours/month on an annual basis. If the income does not indicate full-time employment, but the individual claims full-time self- employment, the individual must cooperate to establish if the volume of work and income claimed justifies the self-employment as full-time employment.

Individuals who are working but not being paid, in exchange for expenses or for in-kind services such as working to pay their rent, meet this exemption if they are working 120 hours/month or the amount of the expense is equal to or greater than the federal minimum wage multiplied by 120 hours (at least $870 monthly). 1410.1907 Loss of Exemption While Certified (FS) Individuals who lose an exemption due to a change in circumstances must comply with SNAP E&T work requirements.

When the customer reports a change that causes them to lose their exemption, refer the individual to participate by entering the referral code on the electronic case. 1410.1908 Provider Reporting Requirements (FS) SNAP E&T providers must notify the Department of employment for each participant. This does not relieve an individual of the responsibility to report receipt of income from employment for any member of the SFU according to reporting requirements.

Chapter: 1400 Technical Requirements Program: FS 24 1410.1909 Noncompliance with SNAP E&T Requirements (FS) Determine if the individual meets an exemption or has a good cause for failure to participate when the SNAP E&T provider notifies the Department that a recipient is non-compliant. If exempt or good cause exists, do not impose a sanction. If not exempt or there is not good cause impose the sanction allowing for a 10-day adverse action. 1410.1911 Voluntary Quit/Voluntary Reduction of Hours (FS) The term “Voluntary Quit” applies to voluntarily quitting employment or voluntarily reducing hours of employment without good cause. Voluntary quit/reduction of work hours does not apply to individuals exempt from work requirements.

At application for food stamp benefits or a report of loss of income determine if any member of the AG quit a job or reduced hours of employment without good cause within 30 days prior to the date of application or after. Voluntary quit/voluntary reduction of hours applies if:

1. the individual quit a job where the individual was working 30 or more hours per week or earning an amount at least equal to the federal minimum wage multiplied by 30 without good cause; or 2. the individual reduced hours of employment to less than 30 hours per week, without good cause. If the individual reduces the hours of work to less than 30 but the wages equal the federal minimum wage multiplied by 30, voluntary quit/reduction of hours does not apply. 1410.1911.01 Voluntary Quit/Voluntary Reduction of Hours (FS) Impose a voluntary quit/voluntary reduction of hours of employment sanction on any individual in the food stamp AG who quit a job or reduced hours of employment without good cause.

The sanctions for voluntary quit/reduction of hours of employment are the same sanctions as for noncompliance with SNAP E&T requirements. 1410.1911.02 Situations not Considered Voluntary Quit (FS) Voluntary quit/voluntary reduction of hours of employment provisions does not apply in the following situations:

1. ending a self-employment enterprise; 2. resigning at the demand of the employer; 3. the individual who voluntarily quits meets an exemption other than working 30 or more hours per week; 4. the individual quits a job, but gets another job at comparable hours and wages and the individual is then laid off; or 5. an individual leaves employment under the Family and Medical Leave Act (FMLA) of 1993 as long as the individual returns to work after the leave. 1410.1911.03 Good Cause - Voluntary Quit/Voluntary Reduction of Hours (FS) Good cause for leaving employment/reducing hours of employment includes the SNAP E&T good cause reasons and resigning from a job that does not meet suitability criteria, regardless of whether the job was unsuitable at the time of employment or became unsuitable later.

Other good cause criteria may include:

1. discrimination by any employer; 2. unreasonable work demands or conditions; 3. acceptance by the payee or any other AG member of employment or enrollment at least half-time in any recognized school, training, or institution of higher education;

Chapter: 1400 Technical Requirements Program: FS 25 4. resignations by individuals under the age of 60 which are recognized as retirement; 5. acceptance of an offer of employment of 120 hours/month or equivalent earnings (at least $870 monthly); or 6. leaving a job in connection with patterns of employment in which employees frequently move from one employer to another, such as migrant farm labor or construction work. 1410.1911.04 Verification - Voluntary Quit/Voluntary Reduction (FS) Request verification of the individual’s voluntarily quitting employment or reducing hours of employment if the information is questionable.

Acceptable sources of verification include but are not limited to the previous employer, employee associations, union representatives, and grievances committees or organizations. 1410.1911.05 Ending Voluntary Quit/Voluntary Reduction (FS) The Department may approve an application for food stamp benefits for AGs after the individual serves the minimum sanction period for voluntary quit/reduction of hours of employment if the AG reapplies and meets all eligibility requirements. 1410.1915 When Payee/Head of Household Fails to Comply (FS) When the payee/head of household refuses or fails without good cause to comply with SNAP E&T requirements, including voluntarily quitting or reducing hours of employment, the entire AG is ineligible. Make a final determination for good cause and apply the following sanctions for noncompliance.

First violation: The entire AG is ineligible for a minimum of one month.

Second violation: The entire AG is ineligible for a minimum of three months.

Third violation: The entire AG is ineligible for a minimum of six months.

If an individual complies before the effective date of the sanction period, whether the 10-day time period in the notice of adverse action expires, do not impose a sanction.

If, at the end of the minimum sanction period, the non-compliant payee/head of household does not meet an exemption and is still not complying with the SNAP E&T requirements, the payee/head of household remains ineligible for food stamps until compliance. Other members of the food stamp AG may reapply at that time.

If the non-compliant payee/head of the household leaves the AG during a period in which the AG is ineligible due to noncompliance, the remaining food stamp AG members may request and receive food stamps providing they meet all factors of eligibility.

If the non-compliant payee/head of the household becomes the payee/head of another food stamp household, the new food stamp household is subject to the appropriate sanction for noncompliance.

When the payee/head of the household refuses or fails to comply with work requirements without good cause at initial application, deny the application. Do not assign a sanction period because compliance with work requirements is a condition of eligibility, and we cannot determine eligibility of the AG until the household meets the requirement. 1410.1916 Failure to Comply by AG Member (FS) Non-compliant individuals who are not the payee/head of the household are ineligible if they refuse or fail without good cause to comply with SNAP E&T requirements. Make a determination of exemptions or good cause and apply the following sanctions for noncompliance.

Chapter: 1400 Technical Requirements Program: FS 26

First violation: The non-compliant individual is ineligible for a minimum of one month.

Second violation: The non-compliant individual is ineligible for a minimum of three months.

Third violation: The non-compliant individual is ineligible for a minimum of six months.

If a non-compliant individual complies before the effective date of the sanction period whether the 10-day time period in the notice of adverse expires, do not impose a sanction.

If, at the end of the minimum sanction period, the non-compliant individual does not meet an exemption, and is still not complying with the SNAP E&T requirements, the individual remains ineligible for food stamps until compliance.

If a non-compliant individual joins another AG as payee/head of household, the entire new AG is ineligible for the remainder of the sanction period. If the individual joins another AG and the individual is not the payee/head of household, the individual is an ineligible member of that AG for the remainder of the sanction period.

When an individual refuses or fails to comply with work requirements without good cause at initial application or recertification, the individual is ineligible until the individual meets the requirement because compliance is a condition of eligibility. 1410.1918 Good Cause Reason not Provided (FS) If non-compliance, without good cause, occurs prior to the last month of the certification period, the sanction period begins the first month following the expiration of the adverse action notice, unless the individual requests a fair hearing. If the timing of the adverse action notice is such that we cannot impose the sanction prior to the end of the certification period, the sanction begins the first month in which we can give ten days adverse action notice even if the case closes prior to the start of the sanction period. The sanction period continues while the case is closed. 1410.1920 Circumstances under Which a Sanction Can Be Lifted (FS) Exemption Changes:

A sanctioned individual who becomes exempt from work requirements may reapply for food stamps and TCA.

TCA - When a sanctioned individual files an application and is now exempt, lift the sanction. If the individual becomes mandatory again, they are once again subject to the requirements for compliance and the remaining sanction period they did not serve.

Food Stamps - If a sanctioned individual reapplies and is exempt from work requirements, lift the sanction. Do not apply Riverside policy during periods when a non-compliant individual is exempt. For food stamps, the eligibility staff determine if the sanctioned individual is now exempt and whether to lift the sanction.

Eligibility Changes:

Once an individual is serving a sanction for food stamps due to a TCA related sanction, the sanctioned individual must serve the food stamp sanction period unless they become exempt, or the RWB or their designee determines the individual had good cause for non-compliance with TCA related work requirements.

Individuals serving a sanction for food stamps due to noncompliance with TCA related work requirements cannot have a sanction lifted simply by opting not to receive TCA.

Chapter: 1400 Technical Requirements Program: FS 27

If the sanctioned individual moves out of the residence, the remainder of the AG may reapply for food stamps. 1410.1921 Assigning Sanction Periods for TCA and FS (FS) Impose the correct TCA sanction and determine if the individual meets a food stamp exemption. If the individual meets a food stamp exemption, do not impose a food stamp sanction. If the individual does not meet an exemption:

First Non-Compliance:

TCA - Terminate the TCA for the entire AG for a minimum of 10 days. To reinstate the TCA at the end of the 10-day minimum sanction period the individual who failed to comply with the assigned activity must comply.

Food Stamps -

1. Payee/head of the household of food stamp AG is non-compliant - the entire AG becomes ineligible for one month. If at the end of the month the non-compliant individual is still not complying with work activities, the non-compliant individual of the AG remains ineligible but other members of the food stamp AG may reapply.

2. AG member is non-compliant - Only the non-compliant individual becomes ineligible for a minimum of one month or until they comply, whichever is later.

Second Non-Compliance:

TCA - Terminate TCA for the entire AG for a minimum of one month or until the non-compliant individual complies, whichever is later. Upon compliance with the assigned work activity, reinstate TCA benefits back to the date of compliance or the first day of the month following the sanction period, whichever is later. If the AG requests TCA for children under age 16, provide the TCA through a protective payee, during the sanction period.

Food Stamps -

1. Payee/head of household of the food stamp AG is non-compliant-the entire AG becomes ineligible for three months. If at the end of three months the non-compliant individual does not meet an exemption and is still not complying with work activities, the non- compliant individual AG remains ineligible for food stamps until compliance. Other members of the food stamp AG may reapply at the end of the three-month sanction period.

2. AG Member is Non-Compliant - Only the non-compliant member becomes ineligible for a minimum of three months or until they comply, whichever is later.

Third Non-Compliance:

TCA - Terminate TCA for the entire AG for a minimum of three months or until the individual who failed to comply does so, whichever is later. Upon completion of the minimum three-month sanction period, the individual must reapply, contact the Regional Workforce Board or their designee, and comply with assigned activities prior to reinstatement of TCA. Upon compliance with the assigned work activity, reinstate TCA benefits back to the date of compliance or the first day of the month following the sanction period, whichever is later. If the AG requests TCA for children under age 16, provide the TCA through a protective payee, during the sanction period.

Chapter: 1400 Technical Requirements Program: FS 28 Food Stamps -

1. Payee/ head of household of the food stamp AG is non-compliant. The entire AG becomes ineligible for six months. If at the end of six months the non-compliant individual does not meet an exemption and is still not complying with work activities, the payee of the AG remains ineligible for food stamps until compliance. Other members of the food stamp AG may reapply at the end of the six-month sanction period.

2. AG Member is non-compliant - The individual only becomes ineligible for a minimum of six months or until they comply, whichever is later.

There is no forgiveness policy for food stamps and any non-compliance after the third non- compliance requires the same sanction period as the third food stamp sanction. 1410.2200 INDIVIDUAL CONVICTED OF FELONY DRUG TRAFFICKING (FS) Food stamp benefits shall be denied to an individual who has been convicted of a felony for drug trafficking including agreeing, conspiring, combining, or confederating with another person to commit the act committed after 8/22/1996. This disqualification is a lifetime disqualification. Only the individual who was convicted will be penalized. If the illegal behavior that lead to the conviction occurred on or before 8/22/96, the disqualification does not apply regardless of the date of the conviction. If a court expunges the felony drug trafficking conviction, the individual is not subject to the disqualification. The individual must provide proof of the expungement.

Since felony conviction for drug trafficking is not considered noncompliance with specific program requirements, “Riverside” policy would not be applied. 1410.2300 COOPERATION WITH QUALITY CONTROL (FS) Households are required to cooperate with state and federal Quality Control (QC) reviewers. If any individual in the household refuses to cooperate, a sanction will be imposed against the non- cooperative individual affecting the eligibility of the entire household. Refusal to cooperate will result in the denial or termination of benefits for the entire household.

The sanction will follow the non-cooperative individual. If the non-cooperative individual moves out of the household, the remaining household members can apply for benefits. If the non- cooperative individual applies for benefits for them self or moves in with another household, benefits will be denied or terminated for this household.

If QC issues a finding indicating the household refused to cooperate, eligibility staff will provide the household written notice allowing 10 calendar days to cooperate with QC. If the household does not respond or cooperate with QC within 10 calendar days, advance notice of adverse action is required prior to denying or terminating the benefits. If the household reapplies, eligibility staff must contact QC to determine if the household has cooperated or if the household remains ineligible based on refusal to cooperate. 1410.2500 FLEEING FELONS AND PROBATION OR PAROLE VIOLATORS (FS) Food stamp benefits must be denied to an individual who is a fleeing felon or in violation of probation or parole. Since an individual disqualified due to being a fleeing felon or probation or parole violator is not considered a noncompliance with a specific program requirement, “Riverside” policy will not be applied. The following passages address how to determine if an individual is a fleeing felon or in violation of probation or parole.

Chapter: 1400 Technical Requirements Program: FS 29 1410.2501 Fleeing Felon (FS) States must use a four-part test to identify fleeing felons. All four items have to be present and verified by the State agency to determine that an individual is a fleeing felon. To be a fleeing felon ineligible for a food stamp benefit the following four criteria must be met:

1. There must be a felony warrant for the individual; 2. The individual must be aware of, or should reasonably be able to expect that, a warrant has or would have been issued; 3. The individual has taken some action to avoid being arrested or jailed, and; 4. A law enforcement agency is “actively seeking” the individual.

Law enforcement is “actively seeking” the individual when it informs the Department it intends to enforce an outstanding felony warrant. 1410.2502 Probation or Parole Violator (FS) The State agency has the responsibility of verifying the status of the probation or parole violator. The violation can be a misdemeanor or a felony. To be a probation or parole violator ineligible for a food stamp benefit the following two criteria must be met:

1. The individual must have violated a condition of his or her probation or parole, and; 2. Law enforcement must be “actively seeking” the individual to enforce the conditions of the probation or parole.

Law enforcement is “actively seeking” the individual when it informs the Department it intends to enforce an outstanding misdemeanor or felony warrant for a probation or parole violation. 1410.2700 DISQUALIFICATION FOR CERTAIN CONVICTED FELONS (FS) An individual is disqualified for food stamps if:

(1) the individual is convicted as an adult, which resulted in a federal or state felony, for one of the following crimes: a. aggravated sexual abuse, b. murder, c. sexual exploitation and other related abuse of children, d. offense involving sexual assault, or e. offense under state law similar to one of the above.

(2) the individual is not in compliance with the terms of their sentence, probation, or parole; and

(3) the individual committed either of the crimes listed above, after February 7, 2014.

The individual’s statement if sufficient, unless questionable. If the individual’s statement is questionable and compliance cannot be verified by the eligibility worker, the eligibility specialist must pend the household for proof of compliance. An example of compliance includes confirmation from the Department of Correction’s Probation Office that the individual has successfully completed or is satisfactorily serving the probation or parole sentence term.

Chapter: 1400 Technical Requirements Program: TCA 30 1420.0000 Temporary Cash Assistance The Temporary Cash Assistance (TCA) Program has technical (non-financial) factors, which must be considered to determine eligibility.

The eligibility specialist must determine if each individual meets the appropriate requirements for the type of assistance requested. The following sections identify the technical factors that must be considered and the verification requirements for each factor. If the individual does not meet the applicable requirements, the individual is technically ineligible. 1420.0100 CITIZENSHIP/NONCITIZEN STATUS (TCA) The eligibility specialist must evaluate the citizenship/noncitizen status for each individual who applies for TCA. Citizenship information of those family members who are not applying for benefits is not required. Non-receiving members are to be asked only if they are citizens or noncitizens, not their U.S. Citizenship and Immigration Services status. 1420.0101 Declaration of Citizenship/Noncitizen Status (TCA) Each applicant applying for public assistance must declare in writing whether each individual in the assistance group (AG) is a U.S. citizen, or a noncitizen in lawful immigration status.

An application declaring the citizenship/noncitizen status must be signed under penalty of perjury for all household members applying for assistance as a condition of eligibility. The form must be signed at application and review. An adult applicant or designated representative may sign the application declaring the citizenship/noncitizen status of all members. 1420.0102 Definition of U.S. Citizenship (TCA) To be considered an U.S. citizen, an individual must meet one of the following conditions:

1. be born in the U.S. or D.C., or a U.S. territory, (Puerto Rico, U.S. Virgin Islands, Northern Mariana, American Samoa, Harcon Tract, Swain’s Island, and Guam).

Note: If the individual was born in a former U.S. Territory while it was a territory, a clarification through the Region or Circuit Program Office is required.

The individuals statement of U.S. citizenship is accepted, unless questionable. If questionable, verification is required.

2. be a naturalized citizen. An individual is a naturalized citizen when U.S. citizenship is gained after his or her birth either through individual naturalization, or derived from a naturalized parent.

3. be adopted by U.S. citizen.

A child acquires citizenship through adoption, if they meet all of the following conditions:

a. the child was adopted while under age 16, has been in the legal custody of and has resided with the adopting U.S. citizen parent(s) for at least two years; b. the child is under age 18, or was under age 18 on February 27, 2001; c. the child is/was residing in the United States in the legal and physical custody of the U.S. citizen parent(s) and; d. the child has a qualified noncitizen status. (See 1420.0105)

Chapter: 1400 Technical Requirements Program: TCA 31 The child must meet all the above criteria, all at the same time, on at least one day at some point between February 27, 2001 and the present. The child must not have been married at any time on or before the day they met all of the criteria.

Note: proof of U.S. citizenship will not be automatically issued to eligible children.

4. be born abroad to a U.S. citizen. Individuals born abroad to a U.S. citizen and who make a written declaration of citizenship to the U.S. Consulate are considered U.S. citizens.

A child born abroad whose parents were not married may acquire citizenship at birth if one of the parents is a U.S. citizen at the time of the child’s birth and legal paternity has been established. To acquire citizenship a child born abroad to unwed parents need only establish the mother’s U.S. citizenship and her residence in the U.S. or U.S. territory prior to the birth of the child.

Citizenship is acquired at birth when:

1. both parents are U.S. citizens and at least one parent resides in the U.S. or a U.S. territory before the birth of the child; or 2. one parent is a citizen and the other is a noncitizen at the time of the child’s birth. (Individuals claiming citizenship under this provision must be referred to USCIS to obtain a formal determination of their citizenship.)

Children become U.S. citizens after birth when all of the following conditions are met:

1. one parent is a U.S. citizen by birth or through naturalization, 2. the child is under age 18, or was under age 18 on February 27, 2001, 3. the child is/was residing in the United States in the legal and physical custody of the U.S. citizen parent(s), 4. the child has a qualified noncitizen status, (see 1420.0105). 1420.0103 Verification Sources for U.S. Citizens (TCA) The individual’s verbal or written statement of date and place of birth must be accepted if they were born in the United States (U.S.) unless the information is questionable. This policy applies to all individuals claiming U.S. citizenship, including those who are naturalized and those born abroad to U.S. citizens.

If questioned, U.S. citizenship must be verified. Sources of verification include:

1. Birth or hospital certificates showing U.S. birth (except for voided Puerto Rican birth certificates after September 30, 2010), 2. Form I-197 (U.S. Citizen I.D. card), 3. Religious documents recorded in the U.S. shortly after birth, 4. SSA records, 5. U.S. passport, 6. Certificate of Citizenship or Naturalization. 1420.0104 Noncitizens (TCA) Noncitizens may qualify for TCA based on their status granted by U.S. Citizenship and Immigration Services (USCIS). The following sections discuss different types of noncitizens and their eligibility.

Chapter: 1400 Technical Requirements Program: TCA 32 North American Indians born in Canada, who are residing in the U.S., are eligible for TCA, based on the factor of immigration status, if they are subject to Section 289 of the Immigration and Nationality Act or a member of an Indian Tribe as defined in section 4(e) of the Indian Self- Determination and Education Assistance Act.

Proof of this status includes:

1. I-551 with code S-13, 2. unexpired I-551 stamp in a Canadian passport, 3. I-94 with code S-13, or 4. a letter or other tribal document certifying 50% American Indian blood, as required by Immigration and Nationally Act section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada.

Verification of membership in an Indian tribe includes a membership card or other tribal document demonstrating membership in a federally recognized Indian tribe.

If the individual has no document evidencing tribal membership, contact with the tribal government for confirmation of the individual’s membership.

Note: These individuals are not subject to the five-year ban. 1420.0105 Qualified Noncitizens (TCA) Qualified noncitizens are defined as noncitizens who meet at least one of the following sections of the Immigration and Nationality Act (INA). 1420.0106 Lawful Permanent Resident (TCA) A lawful permanent resident (LPR) is a noncitizen who lawfully immigrates to the United States and has permission to live and work in the U.S. LPRs may be eligible for TCA based of their noncitizen status if they entered the U.S.:

1. prior to 8/22/96 and have remained continuously present, 2. on or after 8/22/96 under a prior asylee, refugee, Amerasian, deportation withheld, or Cuban/Haitian Entrant status, or 3. on or after 8/22/96 and have lived in the U.S. as a qualified noncitizen for at least five years.

Proof of this status includes:

1. resident alien card commonly referred to as a “green card” (I-551), 2. a re-entry permit (I-327), or 3. a foreign passport with a stamp stating “temporary evidence of lawful permanent resident status”.

Note: LPRs who entered after 8/22/96 are subject to the five-year ban, unless otherwise noted. 1420.0106.01 Noncitizens Serving in the United States Armed Forces (TCA) Noncitizens serving in the United States Armed Forces (Army, Air Force, Navy, Marines, or Coast Guard) on active duty for purposes other than training, noncitizen veterans honorably discharged from the United States Armed Forces for reasons other than their noncitizen status, who have met the minimum active duty service requirements of Section 5303A(d) of Title 38, United States Code (24 months or the period for which the person was called to active duty), and their spouses and unmarried dependent children, are eligible for Temporary Cash Assistance on the factor of noncitizen status.

Chapter: 1400 Technical Requirements Program: TCA 33 Verification of active duty military status includes:

1. a current Military Identification Card (DD Form 2) that lists an expiration date of more than one year from the date of determination. If the expiration date is less than one year, the individual will need to present a copy of current military orders, 2. verification through the nearest Real Time Automated Personnel Identification System (RAPIDS), or 3. contact with DEERS Support Office, Attention: Research and Analysis, 400 Gigling Road, Seaside, California 93955-6771, Fax (408) 655-8317.

Proof of honorable discharge:

The discharge certificate (DD Form 214) or its equivalent indicating a discharge “under Honorable conditions.”

If the individual is not in possession of their discharge certificate, the eligibility specialist should refer the individual to the local Veteran Administration Regional Office for a determination of the individual’s veteran status.

Note: If the individual’s discharge certificate indicates an original enlistment date in the Armed Forces prior to September 7, 1980, there is no minimum active duty service requirement.

An unmarried dependent child is defined as:

1. the biological or legally adopted dependent child of an honorably discharged veteran or an active duty member of the U.S. Armed Forces, 2. not married, and 3. under the age of 18 or under the age of 22 if a full-time student.

An un-remarried noncitizen surviving spouse may also be eligible when the:

1. veteran spouse was a Filipino described in Section 107 of Title 38, U.S. Code. (individuals who served in the Philippine Commonwealth Army during World War II or as a Philippine Scout following the war); or 2. spouse died while on active duty, provided the surviving spouse has not remarried and the marriage fulfills the requirements of Section 1304 of Title 38, U.S. Code.

Section 1304 defines marriage as having met one of the following conditions:

1. The surviving spouse was married to the veteran or active duty military personnel within 15 years after discharge in which the injury or disease leading to the death of the veteran or active duty personnel was incurred or aggravated (Not a factor if the individual died while on active duty) and was married for a period of at least one year. or 2. A child was born during the relationship between the individual and the veteran or active duty military personnel either during or before the marriage.

Note: These individuals are not subject to the five-year ban.

Chapter: 1400 Technical Requirements Program: TCA 34 1420.0106.02 Amerasians (TCA) Amerasians born in Vietnam fathered by a U.S. citizen and admitted to the U.S. as immigrants under Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988 are eligible for Temporary Cash Assistance on the factor of citizenship.

Proof of this status includes unexpired temporary USCIS Form I-551 with code AM6, AM7, or AM8, or USCIS Form I-94 with codes AM1, AM2, or AM3.

Note: These individuals are not subject to the five-year ban. 1420.0107 Asylees (TCA) Noncitizens granted asylum under Section 208; have received permission to remain in the U.S. based on a “well-founded fear of persecution” should the individual return to the individual’s native land may be considered for asylum. A prospective asylee applies for asylum after entering the U.S., a U.S. territory or a U.S. embassy.

Proof of this status include:

1. USCIS Form I-94 showing grant of asylum under Section 208, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(5), 3. USCIS Form I-766 (Employment Authorization Card) annotated A5, 4. grant of asylum letter from the Asylum Office of USCIS indicating this status is granted, 5. an order of an immigration judge granting asylum, or 6. other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban. 1420.0108 Refugees (TCA) Refugees are defined as those noncitizens given permission to enter the U.S. under Section 207 of the Immigration and Nationality Act (INA). These noncitizens have applied to be admitted to the U.S. based upon a well-founded fear of persecution in their homeland. Persecution must be due to race, religion, nationality, social or political ties and cannot be economic in nature.

Proof of this status include:

1. USCIS Form I-94 or I-551 bearing Section 207, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(3), 3. USCIS Form I-766 annotated A3, 4. USCIS Form I-571 (Refugee Travel Document), or 5. other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban. 1420.0109 Victims of Human Trafficking (TCA) Victims of severe forms of human trafficking are eligible for benefits to the same extent as a noncitizen who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act. The only exception is the human trafficking victim will not provide USCIS documents. Adult victims will provide a certification letter from the Department of HHS. Children under 18 years old are not required to be certified and will instead be provided an eligibility letter. The agency will accept the certification letter for adults or the eligibility letter for children in place of USCIS documentation.

Chapter: 1400 Technical Requirements Program: TCA 35 Before approving these individuals for benefits, the validity of the certification or eligibility letter must be confirmed by calling the HHS’ Office of Refugee Resettlement (ORR) at (866) 401-5510. The call will advise ORR of the benefits for which the individual has applied and at the same time ORR will verify whether or not the individual is a trafficking victim.

Certain family members of victims of human trafficking are potentially eligible for TCA. This includes the spouse and children of a trafficking victim 21 years of age or older. If the severe trafficking victim is under 21 years of age, parents, spouses, children, and unmarried siblings under age 18 on the date of the “T” visa application are eligible, if they meet all other eligibility requirements. These family members will have a nonimmigrant T Visa, with no additional USCIS documentation.

Note: These individuals are not subject to the five-year ban.

Note: Do not use the Verification Information System - Customer Processing System (VIS-CPS) for these individuals, as VIS-CPS does not contain information about them.

Potential Child Trafficking Victims: Potential child trafficking victims are eligible for federally funded benefits and services for up to 90 days pending a final trafficking eligibility decision. An “Interim Assistance Letter” issued to potential child victims by the Department of HHS, Office of Refugee Services (ORR) will certify this status. These children are eligible for benefits beginning with the eligibility began date on the interim assistance letter. ORR will issue a final trafficking determination on the child within this interim period. If denied a final trafficking status, terminate benefits at the end of the month in which the 90th day falls. 1420.0110 Parolees (TCA) Parolees under Section 212(d)5 for at least one year; Noncitizens granted temporary parole status for a total period of at least one year by the Attorney General under Section 212(d)(5) of the Immigration and Nationality Act (INA) are eligible on the factor of noncitizen status.

Verification of this status includes:

1. USCIS Form I-94 indicating that the individual has been paroled under this section, or 2. USCIS Form I-688 with codes 274a.12(a)(4) or 274a.12(c)(11), or 3. USCIS Form I-766 with codes A4 or C11, or 4. other conclusive documentation of this status.

Note: If the USCIS document does not reflect at least a one-year period, the eligibility specialist must institute secondary verification.

Note: These individuals are subject to the five-year ban if the entry date is after 8/22/96. 1420.0111 Deportation Withheld (TCA) A noncitizen whose deportation has been withheld pursuant to Section 243(h) or 241(b)(3) of the Immigration and Nationality Act (INA) may be eligible for Temporary Cash Assistance on the factor of noncitizen status from the date deportation was withheld.

Proof of this status includes:

1. an order from an immigration judge showing that deportation has been withheld under Section 243(h) of the INA as in effect prior to April 1, 1977, or removal withheld under 241(b)(3). 2. USCIS Form I-766 (Employment Authorization Card) annotated A-10. or 3. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12.(a)(10).

Chapter: 1400 Technical Requirements Program: TCA 36 The court will include the date deportation was withheld. If the applicant does not present a court order, do secondary verification.

Note: These individuals are not subject to the five-year ban. 1420.0112 Cuban/Haitian Entrants (TCA) Cuban/Haitian Entrants as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 any national of Cuba or Haiti who:

1. was granted parole status as a Cuban/Haitian Entrant (status pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; or

2. any other national of Cuba or Haiti who:

a. was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act (INA); b. is the subject of exclusion or deportation proceedings under the INA; or c. has an application for asylum pending with the U.S. Citizenship and Immigration Services (USCIS), and with respect to whom a final, non-appealable, and legally enforceable order of deportation or exclusion has not been entered.

Verification of this status includes:

1. USCIS Form I-94, stamped paroled as “Cuban/Haitian Entrant, Status Pending”, 2. USCIS Form I-55I with code CU6 or CH6, 3. unexpired temporary I-55I stamp in foreign passport, 4. USCIS Form I-94 with code CU6 or CH6, or, 5. individuals with an application for asylum pending will have “Form I-589 filed” or official USCIS receipt of I-589 along with an I-94 with this status.

Note: These individuals are not subject to the five-year ban. 1420.0113 Battered (TCA) A battered spouse or child, or parent or child of a battered person with a petition pending under Section 204(a)(1)(A) or (B) or 244(a)(3), as determined by USCIS. Defined as noncitizens who are, or have been battered or subjected to extreme cruelty in the United States by a family member with whom they reside. This includes a noncitizen whose child or a noncitizen child whose parent has been abused. The phrase battered or subjected to extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence.

Note: These individuals are subject to the five-year ban if entry date is after 8/22/96. Battered children under the age of 18 are not subject to the five-year ban.

Noncitizens who claim to be battered must satisfy all of the following requirements:

1. Show that noncitizen has an approved or pending petition which makes a prima facie case for immigrant status in one of the following categories:

a. a Form I-130 filed by their spouse or the child’s parent; b. a Form I-130 petition as a widow(er) of a U.S. citizen; c. an approved self-petition under the Violence Against Women Act (including those filed by a parent;

Chapter: 1400 Technical Requirements Program: TCA 37 d. an application for cancellation of removal or suspension of deportation filed as a victim of domestic violence.

2. The noncitizen, the noncitizen’s child or the noncitizen child’s parent has been abused in the U.S. under the following circumstances:

a. The noncitizen has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse’s or parent’s family residing in the same household if the spouse or parent consent to the battery or cruelty. b. The noncitizen’s child has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse’s family residing in the same house if the spouse or parent consents to the battery or cruelty, and the noncitizen did not actively participate in the battery or cruelty. c. The parent of a noncitizen child has been battered or subjected to extreme cruelty in the U.S. by the parent’s spouse, or by a member of the spouse’s family residing in the household as the parent, if the spouse consents to or allows such battery or cruelty.

3. The battered noncitizen, child, or parent no longer lives in the same household as the abuser(s).

4. There is a substantial connection between the battery or extreme cruelty and the need for public assistance.

Proof of the battered status includes:

1. individual’s statement that the battered noncitizen, child, or parent no longer lives with the abuser and that there is a direct connection between the battery and their need for public assistance; 2. approved petitions or orders granted by USCIS; 3. restraining order or criminal conviction against the abuser; 4. charges brought about that lead to the conviction of the abuser; or 5. credible evidence of the abuse which includes but is not limited to, reports or affidavits from law enforcement, judges or other court officials, medical personnel, school officials, social workers, mental health providers, other social service agency personnel, legal documents, residence in a battered spouse shelter or similar refuge, photographs of the injuries, or sworn affidavits from friends, family members, or other third parties with personal knowledge of the battery or cruelty.

The eligibility specialist cannot delay authorization of an application or request for additional assistance while awaiting verification to establish battery or extreme cruelty. If it is later discovered that the noncitizen does not meet these criteria, a Benefit Recovery referral must be made.

Note: The eligibility specialist does not need to determine if the battered noncitizen meets the three criteria listed above for noncitizens who meet one of the other qualified noncitizen statuses unless it is to the noncitizens advantage, such as sponsored noncitizens. 1420.0114 Verification Requirements for Noncitizens (TCA) The eligibility specialist must verify the immigration status of all noncitizens applying for or receiving TCA through the US Citizenship and Immigration Service (USCIS).

If a noncitizen does not wish for our agency to contact USCIS to verify immigration status, the household must be given the option of withdrawing its application or participating without that

Chapter: 1400 Technical Requirements Program: TCA 38 member’s needs included. If this occurs, the agency must not continue efforts to obtain that documentation. Instead the individual is technically ineligible for benefits. When verifying noncitizen status, the agency uses automated verification by Verification Information System - Customer Processing System (VIS-CPS).

If a noncitizen is unable to provide any documentation to verify immigration status, the eligibility specialist is not responsible for contacting USCIS on the noncitizen’s behalf unless the individual requests assistance in obtaining documentation or verification of immigration status.

An expired noncitizen registration card does not necessarily mean that the noncitizen lost their immigration status. If VIS-CPS does not indicate the noncitizen has an acceptable status, the noncitizen should be referred to USCIS to obtain current USCIS documentation. If obtaining USCIS documentation would place an undue hardship on the noncitizen, or the noncitizen is hospitalized or suffers from a medical disability, the eligibility specialist must have the noncitizen declare their noncitizen status and continue to process the application. The USCIS documentation provided will be manually verified with USCIS.

Examples of undue hardship include, but are not limited to, living a distance from the USCIS office, lack of transportation, or a several months waiting period for an appointment with USCIS.

If a noncitizen does not have any documentation of immigration status, but can provide the “noncitizen registration number,” the eligibility specialist will verify the number using the VIS-CPS system. If the number is verified, and VIS-CPS indicates the individual has an immigration status, this is acceptable documentation. However, the individual’s identity must be verified to ensure the noncitizen registration number belongs to the individual.

Note: If a noncitizen provides any form of USCIS documentation, regardless of the expiration date, showing an eligible Immigration Act section, the eligibility specialist must accept the documentation and verify the individual’s status through the VIS-CPS system. When the VIS- CPS system requests secondary verification, benefits may not be withheld pending response from the secondary verification, providing all other technical eligibility factors are met.

If the secondary verification shows that the noncitizen no longer has an eligible immigration status, a Benefit Recovery referral will be initiated for the total amount of assistance received during the interim investigation period. 1420.0115 VIS-CPS (TCA) VIS-CPS must be completed for noncitizens:

1. at application or reapplication, 2. when adding a noncitizen individual, 3. at every review for individuals who do not have a permanent resident status, and 4. any time there is a change to alien status.

A noncitizen who has what appears to be a “good” USCIS document, when VIS-CPS indicates contradictory information, will be considered potentially eligible until secondary verification is returned confirming the status. Do not hold, deny or terminate benefits waiting for the secondary verification. 1420.0117 Noncitizens not Eligible for Assistance (TCA) The following individuals are not eligible for Temporary Cash Assistance on the factor of citizenship status:

1. foreign government representatives on official business and their families and servants, 2. visitors for business or pleasure, including exchange visitors,

Chapter: 1400 Technical Requirements Program: TCA 39 3. crewmen on shore leave, 4. noncitizens in travel status while traveling directly through the U.S., 5. treaty traders and investors and their families, 6. foreign students, 7. international organization representatives and individuals and their families and servants, 8. temporary workers including agricultural contract workers, or 9. members of foreign press, radio, film, or other information media and their families.

Verification is usually the I-94, Arrival-Departure Record, annotated with the letters “A” through “V”, except “T”. (A-2, B-1, etc.). 1420.0118 Reporting Illegal Noncitizens (TCA) Substantial evidence of unlawful presence in the United States (US) must exist before an individual can be reported to the U.S. Citizenship and Immigration Services (USCIS). Do not attempt to make a determination of unlawful presence in the following situations when:

1. an individual declines to present documentation of immigration status. 2. a VIS-CPS response shows no USCIS record on the individual. 3. a VIS-CPS response shows an immigration status that makes the individual ineligible for benefits. or 4. secondary verification from VIS-CPS shows that the individual’s USCIS status has expired.

Individuals who are not applying for benefits are not to be reported as unlawfully present in the US. Additionally, staff should not seek verification status through VIS-CPS, or through any secondary verification process, for individuals who are not applying for benefits. This is because those applying for TCA may live with others who are not applying for benefits but who may not be lawfully present in the US.

Who must be reported:

Before it is determined that an individual is unlawfully present in the US, the individual must provide a formal non-appealable order of deportation. This document is required because prior to issuing the order of deportation, the case has had a formal review by USCIS or by the Executive Office of Immigration Review.

Reporting:

Region or Circuit Program Offices must make a quarterly report to headquarters if the region or circuit determines there are noncitizen applying for benefits who are unlawfully present in the US. It is only necessary to send a quarterly report to headquarters when noncitizens who are not lawfully present in the United States are identified. When necessary to report, please send the report within 15 days following the quarter ending in March, June, September and December. The headquarters staff will forward the relevant reports to USCIS. If a report is necessary, it must include the name, address and other identifying information, such as how the determination was made that the individual is not lawfully present in the US. 1420.0200 SOCIAL SECURITY NUMBER (TCA) The eligibility specialist must obtain or verify that the individual has applied for a Social Security Number for each individual as a condition of eligibility.

A verbal statement providing the SSN is sufficient if the SSN is validated through data exchange. If the SSN is not validated through Data Exchange, the eligibility specialist must obtain documentation of the individual’s SSN. The following documentation is acceptable:

Chapter: 1400 Technical Requirements Program: TCA 40

1. SS card; 2. Other correspondence from SSA containing the individual’s name and account number (if the number has an A, J, M or T suffix, this is the SSN).

If the SSN is unknown or has never been obtained, the individual must:

1. apply for an SSN through the local SSA office ; or 2. apply for an SSN through the Florida enumeration at birth process.

Evidence that the individual has applied includes:

1. the SSA filling receipt for application, 2. an SSA 2853 indicating that an SSN was requested at the hospital, 3. the child’s birth certificate with “yes” annotated in Section 11d, or 4. a screen print from BVS with a “y” indicator in the child issue field.

SSN Application Follow-Up:

1. After 90 days, if an individual who has applied for an SSN has not received an SSN, the eligibility specialist must determine if the individual need to reapply for a number. 2. The eligibility specialist must contact the individual the second month after the month of application for an SSN and each month thereafter until the number is received. 3. If an individual has not received an SSN by the next complete eligibility review, the eligibility specialist must resubmit an SS-5, but no sooner than three months from the previous SSN application. 4. The eligibility specialist must request that SFU members whose income and/or assets are included in the budget, but who are not members of the assistance group, provide their SSN for purposes of Data Exchange, although these individuals are not required to comply with this request. 1420.0204 When SSN is not Provided/Refusal to Apply (TCA) If an individual fails to provide or apply for an SSN on his own behalf or the individual’s child(ren), the needs of that individual or child, whichever is applicable must be excluded from the assistance group.

If a child resides in a facility or with a nonrelative and the child’s parent, caretaker relative, or designated official of the facility fails to apply for an SSN for that child, the child is ineligible. 1420.0205 Suspected and Confirmed Multiple SSNs (TCA) Suspected multiple SSNs exist when the eligibility specialist has reason to believe that an individual has more than one SSN. Confirmed multiple SSNs exist when an individual presents different Social Security cards with the same or similar names and different numbers.

If either of these situations arises the individual must be asked to clarify the problem with the SSA office. 1420.0300 RESIDENCY (TCA) In order to receive Temporary Cash Assistance, all individuals must be eligible on the factor of residency. Homeless individuals and residents of public or private nonprofit shelters for the homeless are considered residents. An individual does not need to have a permanent dwelling or a fixed mailing address.

Chapter: 1400 Technical Requirements Program: TCA 41 Residency exists when the intent of the individual is to remain in the state. Residency does not exist when the stay is for a temporary purpose such as a vacation and there is intent to return to a residence in another state. When a child is in the child’s usual family setting, the residency of the child is considered in the context of the family situation. If the child leaves the family setting to reside elsewhere, residence is determined based on the extent and nature of the child’s own stay.

A child is considered a resident when the parent or caretaker relative is a migrant agricultural worker who maintains Florida as a home for the children and intends to return to Florida.

Children born in the U.S. of undocumented or ineligible noncitizen parents residing in the state may meet the residency requirement if they intend to remain even if parents may not legally remain due to USCIS status.

An individual must satisfy one of the following residency requirements:

1. must reside in the State of Florida with the intent to remain, (individuals statement as to their intent to remain is acceptable) or 2. must be living in the State of Florida for employment purposes without intent to remain and meets the following conditions:

a. the individual or caretaker relative is not receiving assistance from another state, and b. the individual or caretaker relative came to Florida with a job commitment or is actively seeking employment during the stay in the state.

Verification of residency for employment purposes must be verified and includes:

1. letter from employment agency, 2. letter of employment offer, 3. home visits, 4. collateral contacts, 5. rent/mortgage or utility receipts, 6. other forms of ID, 7. driver’s license records, and 8. institutionalized in a Title XIX facility.

Some individuals in the U.S. with a temporary visa and their U.S. born children may meet the Florida residency requirement if they verify their residency and state an intent to remain. Examples of verification of residency include:

1. employment or school records, 2. bank statements, 3. lease agreements, 4. utility bills, 5. Florida driver’s license or state ID card, and 6. other reliable information. 1420.0310 Temporary Absence from the State (TCA) Temporary absences do not affect residency. Temporary absence exists when an absence is 30 days or less. If the absence is greater than 30 days, the individual must provide:

1. The reason(s) the absence has been prolonged (e.g., medical treatment), 2. Plans to return to Florida, and 3. The date the individual intends to return to Florida.

Chapter: 1400 Technical Requirements Program: TCA 42 To determine if TCA should continue for temporarily absent assistance groups, the assistance group must:

1. Have maintained its residence in Florida during the temporary absence period, and 2. Have plans to return to Florida when the reason for the temporary absence has ended.

Temporary absence does not exist and the individual does not meet residency requirements if:

1. Another state has determined the individual is a resident of their state for TCA (TANF) purposes, or 2. The individual leaves the U.S. with the intent to establish permanent residence outside the U.S., or 3. There is no intent to return to Florida.

When the assistance group leaves Florida with the intent of establishing its home in another state, Florida residency is lost. TCA may continue for one month following the month of departure.

Households using TCA benefits out of state for more than 30 days with no subsequent in-state usage must have the TCA benefits terminated, unless the household can verify Florida residency or temporary absence from the state and has the intent to return. 1420.0400 CUSTOMER AUTHENTICATION (TCA) As a condition of eligibility, applicants and recipients must have their identity verified prior to authorization of benefits. Customer Authentication is a two-step process that “Discovers and Authenticates” an individual’s identity. The discovery process uses the name, social security number, and the date of birth entered by the applicant into the web application to ensure they match an actual identity. In the authentication process, the applicant is asked to answer a series of multiple-choice authentication questions at the end of the web application that only the individual should be able to answer. Once an individual’s identity is both discovered and authenticated, the technical eligibility factor of identity is established.

If the individual opts not to answer the questions or does not correctly answer the questions, the eligibility specialist must complete the verbal authentication process.

The individual does not have to answer the authentication questions to continue with the online application. All paper applications must complete the verbal authentication process. 1420.0500 AGE (TCA) Children in the assistance group must meet requirements in order for the assistance group to be eligible. 1420.0504 Definition of a Child (TCA) By definition, a child must be:

1. unmarried (never married or marriage was annulled), 2. not legally emancipated, and 3. under age 18, or under age 19 and a full-time student in secondary school or at the equivalent level of vocational or technical training.

A child is eligible to receive assistance due to age requirements through the month of the child’s appropriate birthday unless born on the first day of the month. Eligibility then ceases effective the birth month.

Chapter: 1400 Technical Requirements Program: TCA 43 1420.0505 Verification of Age (TCA) The parent or caretaker relative’s statement of the child’s birth date and marital status is sufficient to verify age. If information is questionable, documentation must be obtained.

Acceptable documentation includes:

1. the birth certificate, 2. hospital certificate, 3. medical records, 4. BVS, 5. DH form 432,”Consenting Affidavit Acknowledging Paternity”, 6. physician’s statement, or 7. census records. 1420.0506 Verification of Student Status (TCA) An individual’s statement that a child age 18 to 19 is attending school full-time is acceptable unless questionable. Full-time attendance is defined by the school or institution. A child is considered to be in attendance during school vacations and for the entire month in which the child completes school or discontinues attendance. If school attendance is questionable, (ex. Learnfare data exchange indicates child has dropped out) then verification of attendance must be obtained from the school or institution. 1420.0509.01 Immunization (TCA) Applicants and recipients for Temporary Cash Assistance (TCA) who have a preschool child under age five must complete appropriate childhood immunizations for the child as a condition of eligibility. If the immunization requirement is not met, the child is sanctioned. When a refugee is applying for TCA with a child under age five, the immunization verification requirement is waived at initial application, if the initial application is within their 12-months from date of entry, status, or asylum. At recertification, the eligibility worker must ensure that immunization requirements are met prior to reauthorizing benefits.

The child’s income and assets must be counted. If the only child in the assistance group does not meet the requirement, TCA is denied/terminated.

Applicants and recipients must be informed of the availability of childhood immunizations through the Department of Health County Health Department or through the child’s healthcare provider. 1420.0509.02 Verification Requirement (TCA) Verification that the applicant or recipient is current with immunizations for a preschool child is required. The assistance group must be pended for verification if documentation is not provided at the eligibility review or cannot be verified independently via the Florida Shots database. Verification of immunizations for a newborn is not required until the first eligibility review after the date the child was added to the TCA benefit. If the child is less than three months of age at the time of the eligibility review, immunization verification may be postponed until the next review. Any verification containing the following information is acceptable:

1. Immunizations are current; 2. Date next immunization is due; and 3. Signature and date by a health care professional licensed under Chapters 458, 459, or 460, Florida Statutes (medical doctors, osteopaths and chiropractors). 1420.0509.03 Good Cause (TCA) The requirement for preschool children to begin and complete childhood immunizations may be waived if the failure is due to religious reasons or a permanent medical condition.

Chapter: 1400 Technical Requirements Program: TCA 44

If the failure to immunize the child is due to religious reasons, the applicant’s or recipient’s statement indicating the individual practices a religion that is opposed to immunization may be accepted.

If the failure to immunize the child is due to a permanent medical condition, a statement from a doctor is acceptable verification. 1420.0600 TEEN PARENT (TCA) To be eligible for Temporary Cash Assistance, a teen parent must meet certain requirements that are discussed in 1420.0601 through 1420.0603. A teen parent is a minor child and a full-time student in a secondary school or an approved program leading to obtain a GED. If the teen is not attending a secondary school or an approved program leading to obtaining a GED, this will result in ineligibility for the teen parent and teen parent’s child(ren). A teen parent is not married or divorced. 1420.0601 Teen Parent Requirements (TCA) To be eligible for Temporary Cash Assistance, a teen parent must:

1. live with parents or relatives or in another supervised setting to be eligible for Temporary Cash Assistance;

Note: An adult supervised setting is one in which the teen parent is receiving adult guidance and support to help the teen parent to be a responsible parent, stay in school and prepare for independent living.

2. attend school or an approved training program leading to a GED; Exceptions: Teen is the parent of a minor child less than 12 weeks old, or the teen parent has completed high school. 3. have temporary cash payments based on the Tier III payment standard and have a protective payee appointed when the teen parent heads her own Temporary Cash Assistance group; 4. have income deemed from parents when the teen parent lives with a parent and heads their own Temporary Cash Assistance group; and 5. attend parenting and family classes if there is a program available in the area.

Note: The Regional Workforce Board/designee complete referrals for these classes. 1420.0602 Exception to Teen Parent Requirements (TCA) The eligibility specialist will determine if the teen parent meets an exception to the requirement to reside in the home with a responsible adult. The following are exceptions to this requirement:

1. There is no parent or legal guardian who is living or whose whereabouts is known;

2. There are no parents or legal guardians who will allow the teen parent to live in their home;

3. The teen parent has lived apart from their parent or legal guardian for at least one year before either the birth of the dependent child or the teen parent having made application for Temporary Cash Assistance; or

4. Good cause exists for maintaining a separate living arrangement and the physical or emotional health or safety of the teen parent or teen parent’s child would be jeopardized if they reside with the teen parent’s parent or legal guardian. The teen parent must

Chapter: 1400 Technical Requirements Program: TCA 45 provide the reason for maintaining a separate living arrangement. Good cause reasons may include such situations as illegal substance abuse, abuse of alcohol, physical or mental abuse, serious overcrowding in the home, or a dangerous or potentially dangerous physical environment.

If good cause for not residing with a parent or caretaker relative or legal guardian is determined by the eligibility specialist and the teen parent is residing in one of the adult supervised settings, the Temporary Cash Assistance payment may include a shelter obligation and be based upon Tier I, II, or III, according to the amount paid. Payment must be made through a protective payee.

Note: If the teen parent is not living with an adult and the eligibility specialist and the supervisor determine that the teen parent does not meet an exception to this rule, the assistance group must be closed or denied. Possible exceptions will be reconsidered if the situation has changed upon reapplication.

All teen parent cases must have the following information recorded in CLRC:

1. Living arrangements, when the teen parent and child do not live with a parent, legal guardian or caretaker relative; 2. Type of verification used to establish eligibility; 3. Good cause reason and exception, as appropriate; and 4. Payee information when a protective payee is not available. 1420.0603 Verification (TCA) Living Arrangements - The teen parent’s statement is suitable verification for living in one of the required living arrangements unless questionable. The teen parent who has good cause for maintaining a separate living arrangement must provide verification of where the teen parent resides and why the teen parent is not living with an adult. Acceptable verification may be a written or an oral statement from an individual who has personal knowledge of the situation. School Attendance - The teen parent’s statement is suitable verification for school attendance unless questionable.

Note: If the teen parent is not in school but expresses an interest in attending school, the assistance group must be given a 10 day pending period to verify registration and attendance. If the teen parent does not express an interest in school, states they do not intend to attend school or fails to verify school attendance, the teen parent and their children may not receive TCA as a payee for their own benefits, nor in the assistance group of a parent or caretaker relative. 1420.0700 DEPRIVATION (TCA) Each child in the assistance group must be deprived of the support or care of one or both parents.

Each child in the assistance group must be deprived based on one of the following reasons:

1. death of one or both parents, 2. existence of only one legal parent, 3. continued absence of one or both parents, 4. incapacity of one or both parents, or 5. unemployment or underemployment of the parent(s). 1420.0701 Who is Considered a Parent (TCA) A “parent” is defined as:

Chapter: 1400 Technical Requirements Program: TCA 46 1. the natural or biological mother of the child, 2. the adoptive mother or father, 3. the natural or biological father of the child, or 4. the legal father.

Refer to passages 1420.0702 and 1420.0703 for definitions of natural biological fathers and legal fathers. 1420.0702 Definition of Biological Father (TCA) An individual is the biological father when he or the child’s mother alleges that he is the biological father, and the Department has made a non-judicial determination of paternity.

When the child has a legal father and the mother alleges that someone else is the biological father, the alleged biological father cannot be considered the child’s parent until paternity of the alleged biological father is legally established. In this situation, the alleged biological father’s presence in the home does not affect deprivation.

Note: Under these circumstances, even if the biological father cannot be considered the child’s parent for the purpose of establishing deprivation, the biological father can be considered a specified relative if the eligibility specialist makes a “non-judicial” determination of paternity. 1420.0703 Definition of a Legal Father (TCA) An individual is considered the legal father if:

1. he was married to the mother at the time of the child’s conception or birth, 2. he is the natural, biological father who marries the mother after the child’s birth and there was no legal father at the time of the marriage, 3. paternity has been legally established, 4. procedures to amend the child’s surname on the birth certificate have been conducted, or 5. the individual is the adoptive father. This legal relationship supersedes any subsequent allegation of paternity for a natural biological father. 1420.0704 When an Individual Becomes a Parent (TCA) An individual becomes a parent under the following circumstances:

1. ceremonial marriage, 2. common-law marriage, 3. being a biological parent, 4. establishing paternity, or 5. adoption. 1420.0705 Ceremonial Marriage (TCA) A ceremonial marriage is a wedding ceremony in which a marriage license is obtained. The ceremony must be performed by a religious official, judge, notary, or other individual authorized by law to perform weddings.

Individuals become parents if they marry under either of the following circumstances:

1. In cases in which prior individual marriages exist, a subsequent marriage is still considered binding until determined otherwise by a court of competent jurisdiction. If the legality of a marriage is questioned, the case should be cleared with the District Legal Counsel. 2. If the mother of a child born out of wedlock and the alleged father marry each other at any time after the child’s birth, they become the child’s parents. A couple considered to

Chapter: 1400 Technical Requirements Program: TCA 47 be legally married under the laws of another state or country are considered to be legally married for purposes of determining a child’s eligibility for public assistance in Florida. 1420.0706 Biological Parents (TCA) Biological parents, the birth mother and the natural biological father are considered parents of the child, except as noted in passage 1420.0705. When a mother and natural father both reside in the home, the eligibility specialist must make a non-judicial determination of paternity in order to establish if deprivation exists. 1420.0707 Common-Law Marriage (TCA) Children born to a father and mother who had a “common-law” marriage which occurred in Florida prior to January 1, 1968, are considered legitimate. After January 1, 1968, Florida law does not provide for legalization of a new common-law relationship, unless it occurred in another state or foreign country under that state’s or country’s laws. Information given by the parent or relative concerning the dates and circumstances of the “common-law” marriage should be obtained. Mothers and fathers married through these “common-law” marriages are considered parents. 1420.0708 Establishment of Paternity (TCA) An individual is considered a parent when paternity is established by one of the following methods:

1. civil court action through a paternity suit followed by the issuance of a court order declaring the natural father to be the legal father; 2. written acknowledgment of fatherhood by the natural father in the presence of a juvenile court judge; 3. establishment of paternity in another state; 4. the father’s voluntary placement of his surname on the child’s Florida birth certificate when both parents request in writing that his name be shown; or 5. a signed, notarized statement by the father stating that he is the child’s father under the penalty of perjury and fraud prosecution (such as CF-ES Form 432, “Consenting Affidavit Acknowledging Paternity”).

An Application for an Amended Certificate of Birth by Acknowledgment of Paternity must be signed by both parents in the presence of a notary and must be issued by the DH Office of Vital Records. Information given by the parent or relative concerning the date and circumstances under which the parents took this action is sufficient to establish that paternity has been declared for the child. 1420.0709 Adoption (TCA) Legal adoption supersedes other parental relationships (biological and marital ties). When a parent dies and the child is adopted by the stepparent, the child’s relationship to the deceased parent’s relatives remains intact. 1420.0710 Required Contact with Non-Custodial Parent (TCA) A contact must be made with the non-custodial parent (legal or non-legal) when any address (last known or current) is known at the time of application (including when a child is added) and every complete eligibility review. This includes a contact with the non-custodial parent of an unborn child.

This contact must be made to obtain deprivation information and to determine if the non-custodial parent is supporting the child(ren). The contents of the discussion should be recorded. If the eligibility specialist cannot contact the non-custodial parent(s) this also must be recorded. The exceptions to this requirement are described in passage 1420.0711.

Chapter: 1400 Technical Requirements Program: TCA 48

Note: If the eligibility specialist does not question the information/verification provided by the individual regarding the non-custodial parent’s support, the case should not be held pending for a reply from the absent parent. 1420.0711 Exceptions to Contact the Non-Custodial Parent (TCA) A contact will not be made with the non-custodial parent when:

1. Child Support Enforcement (CSE) has an open state collection case; 2. the non-custodial parent is incarcerated in a state or federal institution (when the absent parent is in a county jail, the contact is still required); 3. a good cause exception exists or is pending approval; or 4. prior correspondence was returned by the post office postmarked “moved, left no forwarding address”. 1420.0712 Reasons for Deprivation (TCA) Children and unborn child(ren) must be deprived of the support or care of their mother or father (legal or non-legal natural father). When a pregnant woman is married, the man to whom she is married is presumed to be the legal father of the unborn child.

Deprivation can exist for the following reasons:

1. the mother and legal father live in the home and one or both are incapacitated; 2. a parent is continuously absent from the home due to death, desertion, marital separation, incarceration, or divorce; 3. the natural father is continuously absent from the home (if there is no legal father); or 4. the mother and father (legal or non-legal) live in the home and their income is below the payment standard for the size of their assistance group.

Note: When the non-legal father resides in the home with the child and the mother, and denies that he is the natural father of the child, deprivation is considered to exist until such time paternity is established. 1420.0713 Deprivation Due to Death (TCA) A child is deprived when one or both parents are deceased. The surviving parent or caretaker relative must provide information on the deceased parent’s date and place of death. The individual’s statement is sufficient unless questioned. Whenever possible, the eligibility specialist must secure additional information, such as:

1. death certificate, 2. funeral director’s records, 3. hospital/cemetery records, 4. police records, 5. newspaper notice, 6. Social Security records, or 7. military or VA records.

The possibility of the child being eligible for survivor’s pensions, of any type, must be explored. This information must be recorded at application and each complete eligibility review. 1420.0714 Deprivation Due to Single Parent Adoption (TCA) Deprivation due to the absence of one legal parent from the home is considered to exist in cases in which a single individual adopts a child, regardless of whether the parent later marries, and the spouse becomes the adopted child’s stepparent. For purposes of Child Support Enforcement requirements, there is no non-custodial parent in these cases.

Chapter: 1400 Technical Requirements Program: TCA 49 1420.0715.01 Continued Absence of One or Both Parents (TCA) A child is considered to be deprived when one or both parents are continuously absent from the home. This occurs when:

1. a parent(s) is(are) anticipated to be absent from the home for at least 30 days duration without interruption; 2. this absence is the result of desertion, separation, divorce, incarceration, or removal of custody due to a court order; or 3. the parents have never resided in the home or may not have assumed parental responsibilities. 1420.0715.02 Reasons for Continued Absence (TCA) There are six general reasons for continued absence:

1. marital separation, 2. incarceration, 3. desertion, 4. divorce, 5. legal prohibition against living with the child, and 6. other. 1420.0716 Marital Separation (TCA) Separation exists when there is a break in the marital ties; however, the non-custodial parent is fulfilling some of his responsibilities for the care, supervision, or support of the child.

If the separation was “planned” and does not break marital ties, deprivation does not exist. Separations for economic stability, education, or employment purposes would be in this category. Information must be obtained from the parent or caretaker relative concerning the circumstances of the separation, such as: the non-custodial parent’s address and the contacts he maintains with the family, the date the separation occurred, and the frequency of contact. Contact with the non- custodial parent must be made to confirm separation information and verify child support. The contact with the non-custodial parent must be recorded. If a contact is not possible, this fact must also be recorded. 1420.0718 Determination of Desertion (TCA) Desertion exists when one or both legal parents have completely abandoned all responsibilities for the care, guidance, supervision, and support of a child.

To determine if desertion has occurred, the eligibility specialist must obtain information from the parent or caretaker relative concerning the following:

1. circumstances of the desertion, 2. the non-custodial parent’s address, and 3. the contacts that the individual maintains with the family.

Verification of desertion may be obtained through contacts with:

1. family members, 2. friends, and/or 3. school personnel (who can provide address verification of the child and the individual to contact in an emergency situation).

Note: If the caretaker relative of a child indicates that the parents are living together apart from the child, a decision as to whether the child is temporarily absent from the home must be made.

Chapter: 1400 Technical Requirements Program: TCA 50 If it is determined that the child is temporarily absent from his parent’s home, then he is not eligible to be included in the requestor’s TCA assistance group. 1420.0719 Divorce (TCA) Divorce is a legal severance of marital ties. Information must be obtained from the parent or caretaker relative concerning the date and place the divorce was obtained. Divorce information must be recorded at application and each eligibility review. The eligibility specialist should request a copy of the divorce decree if the information is questionable. Examples of questionable circumstances would be:

1. When there are questions as to current ownership of joint marital assets. 2. When there are questions concerning possible income from alimony or child support payments. 3. When there are questions concerning which parent has primary custody of children.

If parents are awarded joint custody of the child and visitation provides for partial residence with each parent, the eligibility specialist must establish one parent as the primary caretaker of the child.

The eligibility specialist must involve both parents in establishing the primary caretaker. The parents must agree on this decision in order for deprivation to exist. If the absent parent is not cooperative, then a verbal statement from the parent is acceptable.

Once the primary caretaker has been established, the child would be considered temporarily absent during the time period he is with the other parent.

1420.0720.01 Prohibition against Living with Child (TCA) There are three instances involving legal prohibition against living with the child. These are:

1. temporary removal of custody, 2. deportation of a parent from the United States, and 3. resident citizen of a foreign country unable to legally enter the U.S. 1420.0720.02 Temporary Removal of Custody (TCA) Deprivation exists when children are temporarily removed from the custody of their parents. Parental rights may be temporarily terminated when a child is removed by court order from the custody and control of his parents. Such parents continue to have the obligation to support the child and may have visitation rights.

Clearances must be made with the Region or Circuit Program Office in these instances where both parents from whom custody has been removed are no longer continually absent from the home. Documentation as to the date, place, and type of court action must be filed in the case record. Sources of documentation include current court orders, custody papers, and protective services/child welfare records.

Temporary removal of custody is not the same as permanent severance of parental rights. Severance or termination of parental rights is a legal action by which parental rights are permanently removed and the parents generally do not continue to have the obligation to support the child and visitation rights are denied. 1420.0720.03 Deportation of a Parent (TCA) Deprivation exists when a parent is deported from the United States. Information given by the parent or caretaker relative concerning the date and place of deportation is sufficient verification

Chapter: 1400 Technical Requirements Program: TCA 51 to establish the fact of deportation. If deportation is questionable, the eligibility specialist may obtain additional information through immigration records. 1420.0720.04 Resident Citizen of a Foreign Country (TCA) Deprivation exists when one or both parents are resident citizens of a foreign country and are unable to legally enter the United States. Information given by the parent or caretaker relative concerning the reasons that the absent parent cannot enter the U.S. is sufficient to establish the factor of deprivation if it is for political or medical reasons, and it is known that current immigration laws prohibit entry into this country for the specific reason given.

When two parents are residing together apart from the child, and one or both parents are unable to legally enter the U.S., deprivation exists. If ability to legally enter is questioned, the eligibility specialist must obtain all pertinent facts and request assistance from USCIS. 1420.0721.01 Other Continued Absences (TCA) Deprivation due to continued absence is considered to exist when the nonlegal father is not living in the home with the mother and child or pregnant woman, or the mother or legal father live apart from the child. 1420.0721.02 Verification - Other Continued Absences (TCA) Information must be obtained from the parent or caretaker relative concerning the circumstances of the continued absences. A contact must be made with the non-custodial parent(s) if possible to obtain information and determine if the non-custodial parent(s) is providing support. Refer to passage 1420.0711 for exceptions to non-custodial parent contacts.

1420.0722 Incapacity (TCA) Exists when both parents live together:

1. and one or both parents are determined to be physically or mentally incapacitated. 2. although one parent is absent due to an incapacitating condition. 1420.0722.01 Definition of Incapacity (TCA) Incapacity exists when the parent has a physical or mental illness, impairment, or defect supported by medical evidence and expected to last longer than 30 days. The incapacity must be severe enough to substantially reduce or entirely eliminate the individual’s ability to support or care for the child.

A parent who has an incapacitating condition must either be:

1. unable to work; 2. unable to engage on a full-time basis in his usual occupation including caring for his children or any comparable alternate occupation available in the community; 3. able to engage full-time in an occupation, but accepts substantially reduced wages due to the debilitating nature or effects of the condition, (consideration must be given to the limited employment opportunities available to handicapped individuals); or 4. handicapped or disabled his entire life. 1420.0722.02 Verification of Incapacity (TCA) Incapacity is established by one of the following:

1. the receipt of Social Security (RSDI) or SSI benefits on the basis of disability or blindness; 2. a medical statement from a licensed physician that an incapacity or disability exists;

Chapter: 1400 Technical Requirements Program: TCA 52 3. receipt of Workers’ Compensation, Vocational Rehabilitation, Veteran Disability or other public assistance benefit when eligibility is conditional upon a determination of incapacity or disability; 4. pending SSI or SSDI application supported by a medical diagnosis of disability; 5. clinic records; or 6. hospital records (medical or psychiatric).

The Department will review the incapacity if the parent’s condition is expected to improve sufficiently or the parent will resume functioning at a usual level of competency. The review must be scheduled for the month the change is expected to occur. 1420.0722.03 Gathering Incapacity Information Applications (TCA) Since incapacity is not a factor in determining family eligibility for TCA or an exemption from work referral, applicants will not be pended for incapacity or disability verification, unless a caregiver is also claiming a time limit and work activity exemption for caring for the incapacitated or disabled member. 1420.0722.04 Gather Incapacity Information Ongoing (TCA) Information must be obtained on active cases when a need for care exemption is claimed by the caregiver and:

1. an incapacity is anticipated to end; or 2. when the RWB notifies the agency of a change in the incapacitated individual’s medical condition. 1420.0722.05 Resuming Level of Employment/Care (TCA) When the parent’s incapacity ends, eligibility for the appropriate coverage group where incapacity is not a factor must be explored. 1420.0723 Unemployment/Underemployment (TCA) Deprivation exists due to unemployment/underemployment when both parents (the mother and legal or non-legal father on whom the Department has made a non-judicial determination of paternity) live with the child and one of the following conditions exists:

1. One or both parents are unemployed. Unemployed is defined as not working. 2. One or both parents are underemployed. This means that one or both parents are working, but the assistance group has net countable income less than the payment standard. 1420.0724.05 Verification of Unemployment/Underemployment (TCA) Unemployment/Underemployment is verified by one of the following:

1. If the parents claim no current employment, the eligibility specialist must verify any loss of employment that occurred within the prior 60 days. 2. If one or both parents are employed, follow verification procedures in 1820.0207 to determine if the assistance group has net countable income equal to or less than the payment standard. 1420.0800 LIVING IN THE HOME (TCA) A child must be living in a home maintained by a parent or specified relative as a condition of eligibility.

Chapter: 1400 Technical Requirements Program: TCA 53 1420.0802 Definition of Parent/Specified Relative (TCA) The individual with whom the child resides must be related to the child as specified in the following groups:

1. the mother; 2. the father (legal or biological);

Note: When there is both a legal and biological father, the biological (natural) father is considered a specified relative rather than a parent. Refer to passage 1420.0803 for information about non-judicial determinations of paternal relationship.

3. blood relatives, including those of half-blood, within the relationship of siblings, first cousins, nephews, nieces, aunts, uncles and individuals of preceding generations as denoted by prefixes of grand, great, great-great, or great-great-great. This group includes relatives within the fifth degree of kinship to the dependent child; therefore, this includes first cousins once removed (children of first cousins), but not second cousins; 4. stepfather, stepmother, stepbrother, and stepsister (The parent of the stepparent does not meet this degree of relationship.); 5. an individual who legally adopts a child or the child’s parent, as well as the natural and other legally adopted children and other relatives of the adoptive parents; and 6. legal spouses of any individuals named in the above groups even though the marriage terminated by death or divorce.

Note: A child’s adoption severs his legal ties to his biological parents; however, it does not terminate his blood relationship to his family. Even after adoption, the biological parents and relatives continue to meet the specified degree of relationship required under TCA policy. However, the parents of the child are considered specified relatives, not parents, and therefore have their needs, income, and assets treated accordingly. 1420.0803 Verifying Parenthood/Specified Relationship (TCA) The mother, legal father, maternal relatives and relatives of the legal father must provide sufficient information to explain their exact relationship to the child. The verbal statement of the individual is sufficient unless questioned.

For a natural biological father, or his relatives, the eligibility specialist must make a nonjudicial determination of paternal relationship and record this information. Any two of the following sources may be used to substantiate this relationship:

1. Birth certificate(s) containing the name(s) of the alleged parent(s) through which the relationship exists. If the natural, biological father requests or receives assistance, the birth certificate of the child is sufficient. If a relative of the natural (biological) father requests or receives assistance, the relative must also produce a birth certificate showing his relationship to the father. 2. Written or oral statements verifying paternal relationship from individuals who have personal knowledge of the blood relationship. These statements may be from a natural or legal parent, friend or relative. The eligibility specialist must record the name, address, and telephone number (if available) of the individual giving the statement, and an explanation of their knowledge of the blood relationship. 3. Other verification or documentation that verifies the alleged relationship. 1420.0804 Sources of Verification (TCA) The following sources of verification may be used when the information is insufficient to explain the relationship or if a non-judicial determination of paternal relationship is necessary:

1. birth certificates of the child, relative, and intermediary relatives;

Chapter: 1400 Technical Requirements Program: TCA 54 2. marriage licenses, divorce records or other court records which specify the relationship; 3. adoption papers; 4. hospital birth records or written statements of physicians or midwives who attended the births and remember the names of the people involved; 5. religious records; 6. written or oral statements of individuals in a position to know about the relationship; 7. census bureau records listing the children belonging to a particular family; 8. family bible or other family records which are written in ink and have not been altered (includes wills and deeds to property naming individuals and specifying relationships); 9. social agency records including those of DCF which are at least one year old and which consistently specify the degree of relationship. TCA is included under this provision; 10. juvenile court, other court, and hospital records; 11. insurance policies at least one year old in which relationship of the child to the individual is specified; 12. copies of income tax returns listing the child’s relationship; 13. school records which specify relationship; 14. an award letter or other acceptable evidence from SSA that RSDI payments have been awarded to a child based on his parent’s account; 15. trust documents or related documents; 16. military or veteran’s records; 17. USCIS, Indian Agency, or other government or agency records; or 18. newspaper records and local histories.

Specified relatives other than the mother or legal father who is under age 18 must have the “disability of non-age” removed legally in order to receive TCA.

Note: When the natural father resides with the mother, the eligibility specialist may mail a Request for Information form to him requesting that he contact the eligibility specialist within 10 days, if he is not the child’s father. If the natural father does not respond and the correspondence is not returned from the post office, the eligibility specialist can consider this to be his statement of paternity. 1420.0805 Definition of Living in the Home (TCA) The child must live on a continual basis in the home of the parent or specified relative. In cases where both parents are awarded joint custody and visitation provides for partial residence with each parent, living in the home may exist if the conditions as outlined in 1420.0719 are met. A home need not be a fixed dwelling. The home is considered the family setting shared by the parent/relative. This “home” may include a group facility such as a drug treatment center, spouse abuse center or maternity home. The parent/relative must assume and continue to take day-to- day care and responsibility for the child in this family setting. The type of facility, length of stay, setting for the child in the facility and responsibility for the child’s supervision and care must be carefully evaluated.

Individuals are not considered to be in a family setting or to be “living in the home” and are ineligible for assistance if they are:

1. inmates, prisoners, detainees, or convicts under detention or custody of a Federal, State, or local penal, correctional, or other detention facility or psychiatric facility or institution; or 2. in a licensed maternity home where their care is being paid for by the state.

For Title IV-E, a child born to a mother who is incarcerated or does not plan to bring the child home from the hospital, the technical factor of living in the home is considered met.

Chapter: 1400 Technical Requirements Program: TCA 55 1420.0806 Verification/Documentation (TCA) The parent or relative’s explanation of his home setting, degree of responsibility and supervision of the child and statement that the child lives in the home are usually sufficient to establish eligibility on this factor. When the information is questioned, or when the parent/relative resides in a group facility, documentation/verification must be obtained. Sources for this include:

1. home visit by the eligibility specialist, 2. school records, or 3. collateral contacts with landlords, neighbors, or others in a position to know the child’s living arrangements, including the administrator of the group facility. 1420.0807 Temporary Absence from the Home (TCA) Temporary absences from the home of the child, parent, or relative of 30 days or less duration do not affect eligibility. Absences of more than thirty days do not affect eligibility when:

1. the parent or relative continues to exercise care and control of the child during the absence;

Note: Care and control are considered to exist when the parent/relative continues to have contact with the child through visits, phone calls or mail; and gives directions on the child’s care to the substitute caretaker. The child may be cared for in his own home or in the home of the substitute caretaker.

2. a definite plan exists for the absent child or parent/relative to return to the home at the end of the temporary period; and

3. the absence is not for a reason listed in passage 1420.0805.

If the temporary absence is due to out of home residential care, refer to passage 1420.0809 for the absence period allowed.

Note: The parent or relative’s statement concerning how the above conditions will be met during the period of absence is usually sufficient. When questioned, the eligibility specialist will secure additional facts from the individual with whom the child will live during the absence. 1420.0808 Children Who Remain Hospitalized (TCA) Children who remain hospitalized following delivery for medical care and do not immediately return to the home for this reason can be TCA eligible if other criteria for temporary absence from the home are met. 1420.0809 Temporary Absence in Residential Treatment Program (TCA) When the parent or caretaker relative is absent from the home due to out of home residential treatment not to exceed 150 days, the parent or caretaker relative shall continue to be a member of the assistance group regardless to whether the child(ren) are living in the residential treatment center. However the plan must be for the participant to resume care and control of the child(ren) at the conclusion of treatment. If the stay extends beyond 150 days the participant is no longer consider temporarily absent and the eligibility of the child(ren) must be explored in their current living arrangements. 1420.0810 Temporary Arrangement for Emergency Care (TCA) When the parent or relative in an active Temporary Cash Assistance case can no longer provide care for the child due to a crisis or emergency such as a serious illness, incarceration or death, the TCA benefit can be paid for 90 days only to a nonrelative who is looking after the children in

Chapter: 1400 Technical Requirements Program: TCA 56 order to allow time to plan for ongoing care of the children. This care does not have to be provided in the family home. The children may reside with the nonrelative. 1420.1000 PREGNANCY (TCA) Pregnant women may be eligible for assistance even though the pregnant woman’s assistance group does not contain a child. 1420.1001 Pregnancy Policy (TCA) A pregnant woman may be eligible for Temporary Cash Assistance (TCA) due to pregnancy if:

1. she has no other children for whom assistance is requested, 2. the unborn is deprived, and 3. she is in her last month of pregnancy, or is in her third trimester and unable to participate in work activities.

Note: The third trimester begins the seventh month.

Example: If a woman is pregnant and due June 14, the third trimester would begin in April.

Note: Pregnant women residing in the home with deprived children applying for assistance will have their application for temporary cash determined on the needs of the assistance group regardless of their stage of pregnancy.

The father of the unborn child living in the home with no other children may not receive TCA under the two-parent policy until after the baby is born.

Pregnant women eligible for TCA must still work register unless they meet an exemption from work registration. 1420.1002 Verification of Pregnancy (TCA) The pregnant woman’s statement that she is in her last month of pregnancy is sufficient, unless questionable. When questionable, a written or verbal statement is required from a physician, registered nurse, licensed practical nurse, certified nurse midwife or their designee that includes confirmation of pregnancy and the anticipated date of delivery. 1420.1003 Restrictions from Work - Pregnant Women in Third Trimester (TCA) To be eligible for Temporary Cash Assistance in the last trimester of pregnancy, a pregnant woman, with no other children in the home, must be unable to perform work or work activities. Verification from a licensed physician is required to support the individual’s claim of inability to perform work or work related activities. Acceptable verification is a written statement from a licensed physician. 1420.1400 REQUIREMENT TO FILE FOR OTHER BENEFITS (TCA) This chapter discusses the requirement to file for other benefits. 1420.1403 VA Improved Pension (TCA) Individuals receiving a VA pension in December 1978 were given the option of electing a higher “improved” pension. In some cases this “improved” pension caused those individuals to be ineligible for Temporary Cash Assistance. Congress passed an amendment subsequently allowing these individuals to elect the lower pension amount in order to retain their Temporary Cash Assistance eligibility.

Chapter: 1400 Technical Requirements Program: TCA 57

Any VA pensioner who is applying for or receiving Temporary Cash Assistance cannot be required to file for or receive the December 1978 VA pension increase as a condition of eligibility. 1420.1700 CHILD SUPPORT COOPERATION (TCA) Under state and federal law, the state must take action to locate non-custodial parents, establish paternity, and secure all child support, medical support, or other benefits for children receiving public assistance.

Applicants for and recipients of Temporary Cash Assistance (including caretaker relatives receiving Temporary Cash Assistance) must cooperate with Child Support Enforcement (CSE) as a condition of eligibility unless it is determined that good cause for non-cooperation with CSE exists. 1420.1702 Child Support Cooperation Requirements (TCA) Cooperation with Child Support Enforcement (CSE) by a parent or caretaker relative is required when:

1. the parent or caretaker relative is applying for or receiving Temporary Cash Assistance for a child(ren), 2. paternity has not been established and the alleged father is not in the home, 3. but one or both parents are absent from the home, and 4. good cause for non-cooperation does not exist as determined by CSE.

The parent or caretaker relative must cooperate with the following:

1. identifying and locating the parent(s) of the child, 2. establishing the paternity of the child, and 3. obtaining child support payments for the child. 1420.1704 Definition of Cooperation (TCA) Cooperation includes the following:

1. providing complete information required to obtain child support (if information about the non-custodial parent is known by the individual but is withheld, the individual may face a possible penalty of perjury); 2. completing and signing affidavits attesting to paternity of the child; 3. making court appearances and providing testimony in paternity hearings and support actions; and 4. reporting to the eligibility specialist within 10 calendar days payments of child support made directly to the parent or caretaker relative. 1420.1705.01 Definition of Non-custodial Parent (TCA) The term “non-custodial parent” refers to non-custodial (absent) legal fathers, non-custodial (absent) mothers, and all putative (nonlegal biological) fathers. 1420.1705.02 Legal Father and Natural Father (TCA) If both a legal and putative father exists, or the responsibility for support is not clear, the parent or caretaker relative must provide information on each parent. 1420.1706 Cooperation by a Pregnant Woman (TCA) A pregnant woman with no other children will not be required to cooperate with Child Support Enforcement (CSE) until the child’s birth. No sanctions will be imposed for the pregnant woman

Chapter: 1400 Technical Requirements Program: TCA 58 with no other children prior to the child’s birth. If non-cooperation exists after the birth of the child, sanctions will be imposed.

Pregnant women who are receiving Temporary Cash Assistance for themselves and other dependent children are required to cooperate with CSE unless they have good cause reasons not to cooperate. CSE will make the good cause determination. Failure to cooperate will result in sanctioning the entire Temporary Cash Assistance group. 1420.1707 Good Cause for Failure to Cooperate (TCA) Cooperation in establishing paternity and/or securing support may be contrary to the best interest of the family. In those situations, a parent or caretaker relative may have good cause for not cooperating. Child Support Enforcement (CSE) must advise these individuals of reasons for good cause.

The eligibility specialist must refer the individual to CSE even when it appears that good cause exists. 1420.1708 Reasons for Good Cause (TCA) Good cause is determined by Child Support Enforcement (CSE). Good cause may exist when cooperation in establishing paternity or securing child support could result in one of the following conditions:

1. physical harm to the child - examples are broken bones, bruises, burns, lacerations, etc.; 2. emotional harm to the child - examples are poor school performance, sleep disturbances, self-destructive behavior, eating disorders, etc.; 3. physical harm to the parent or caretaker relative which reduces the individual’s capacity to care for the child adequately (such as life threatening injury); or 4. emotional harm to the parent or caretaker relative to such a degree that the individual’s capacity to adequately care for the child is diminished (such as any psychological disorder or dysfunction which has a serious impact on the individual’s abilities as a caretaker).

Good cause may also exist under the following circumstances:

1. the child was conceived as a result of incest or forcible rape, 2. legal proceedings for the adoption of the child are pending before a court, or 3. the parent or caretaker relative is being assisted by a public or licensed private social agency to determine whether or not to relinquish the child for adoption (this circumstance is valid for three months). 1420.1709 Failure to Cooperate (TCA) When the parent or caretaker relative refuses to provide information regarding the non-custodial parent during an application or eligibility review, the eligibility specialist must review child support cooperation requirements with the individual. Deny the application for Temporary Cash Assistance if the applicant does not express an intent to claim good cause or the intent to cooperate with Child support Enforcement.

Note: A pregnant woman with no other deprived children is not subject to child support cooperation until the child’s birth. 1420.1710 CSE Reports of Failure to Cooperate (TCA) When Child Support Enforcement (CSE) directs the eligibility specialist to impose sanctions based upon a Temporary Cash Assistance group member’s (including a child in a parent’s assistance group in the case of a teen parent) noncompliance with Child Support Enforcement requirements, the eligibility specialist will:

Chapter: 1400 Technical Requirements Program: TCA 59

1. take immediate action to impose sanctions on the entire cash assistance group. The individual may reapply for the optional member(s), 2. take immediate action to remove the non-compliant individual from Medicaid unless that person is pregnant, and 3. apply “Riverside” provisions to the food stamp assistance group.

1420.1711 Ending Sanction (TCA) Eligibility staff must:

1. Remove the sanction upon Child Support Enforcement’s request that the individual complied. 2. Open the Temporary Cash Assistance group (must meet all other factors of eligibility). 3. Not require an application if compliance is within 30 calendar days from the effective date of the sanction. Provide benefits back to the date of compliance. 4. Require an application if compliance is more than 30 calendar days from the effective date of the sanction. Provide benefits based on date of eligibility policy.

Remove CSE imposed sanctions for noncooperation without CSE approval in the following situations:

1. When the last child subject to cooperation leaves the home. 2. When the last child subject to cooperation turns 18. 3. When the absent parent, based on established legal paternity, moves into the home and 4. When a non-legal parent moves into the home and completes the DH 432 acknowledging paternity and staff forwards the completed DH 432 to CSE or the Department of Health State Office of Vital Statistics. 1420.1900 EMPLOYMENT AND TRAINING (TCA) Certain individuals are required to register and/or participate in employment and training (E&T) or work activities. Individuals whose needs are not included in the benefit calculation are not subject to these requirements.

Individuals subject to work requirements must comply. Applicants, including both parents in intact households, must work register and complete an overview of the basic options and services of the TANF work requirements as a condition of eligibility. This must be completed prior to authorization of benefits. Employment and training services are provided by local RWB/or designee. 1420.1901 Teen Parents (TCA) A teen parent is defined as an individual who has a child or children of their own and who meets the definition of a minor child - under age 18 or under age 19 and a full-time student in a secondary school or an approved program leading to obtaining a GED. A teen parent is not married or divorced.

Teen parent policy applies to teen fathers as well as teen mothers who receive Temporary Cash Assistance as a child in a parent’s case or if they receive Temporary Cash Assistance as a parent.

Chapter: 1400 Technical Requirements Program: TCA 60

There are certain restrictions placed on teen parents regarding their eligibility. This information is found in the technical assistance chapter in Section 1420.0600. 1420.1902 Explanation of Benefits (TCA) The eligibility specialist must explain compliance with work requirements.

The eligibility specialist must provide in writing and explain the following information verbally to the payee/caretaker relative of the assistance group or the individual required to participate:

1. each of the exemptions; 2. voluntary participation to those individuals who are exempt; 3. the participation requirements and sanctioning for mandatory individuals; 4. the special requirement for the two-parent families, if applicable; 5. the benefits of participation in work related activities; and 6. the assistance group’s opportunity and obligations.

The payee of the assistance group is responsible for informing other assistance group members in mandatory participation status of this information. Other assistance group members may contact the eligibility specialist for clarification of the information. 1420.1903 Notification of Changes (TCA) Within five working days the eligibility specialist must notify the RWB/or designee of all changes to TCA benefits for persons who are mandatory participants.

Changes regarding employment or penalty activities must be reported and include:

1. a gain or loss of employment, 2. benefit cancellation due to employment or sanction, and 3. benefit reduction due to employment.

Other changes that must be reported, which will mostly be done through the FLORIDA system interface, include:

1. application approval or denial; 2. changes in participation status; 3. case cancellation for reasons other than employment; 4. removal of the individual’s needs; and 5. changes of address, unit, county, and district. 1420.1904 Determination of Participation Status (TCA) The eligibility specialist must determine the participation status (mandatory, exempt, or volunteer) of each individual in the assistance group. The eligibility specialist must review each exemption and allow the individual the opportunity to claim an exemption for any member of the assistance group. Exempt individuals are not required to participate. The eligibility specialist must encourage exempt individuals who are able to work, to volunteer.

Participation status must be determined during the initial application, each eligibility review, or upon receipt of information that a change in participation status may have occurred.

Applicants:

All applicants for Temporary Cash Assistance who do not meet one of the exemptions will be referred to the RWB/or designee. For clarification, the term “applicant” refers to an individual who signs and dates the application. The referral to the RWB/or designee must occur immediately

Chapter: 1400 Technical Requirements Program: TCA 61 after completion of an interview, or after adding a new individual, when staff identify a mandatory work participant who must work register. Individuals subject to work registration must be informed that they must complete the Department of Economic Opportunity online work registration process or report to the local RWB/or designee for work registration and an overview of the basic options and services available. This must be completed prior to authorization of benefits.

Verification of work registration and the overview must be received prior to authorization of benefits. Acceptable verification of work registration and the overview is an automated response on the FLORIDA AGPI screen or a completed RWB Work Registration Referral form signed by both the participant and the RWB/or designee.

Applicants subject to work registration must be placed in pending status to complete work registration and overview. If the customer does not complete the registration process within applicable time standards, Temporary Cash Assistance will be denied.

Recipients:

All recipients previously determined exempt, who subsequently no longer meet an exemption, must be referred to the local RWB/or designee. These individuals will be referred through the FLORIDA system and will be provided a Participation and Information Notice. Verification of work registration and the overview, prior to authorization of continued benefits, is not a requirement for these individuals. 1420.1905 TCA and FS Exemptions (TCA) Individuals who meet an exemption do not have a requirement to participate in work activities.

TCA exemptions include:

1. Minor children under age 16; 2. Individuals who receive benefits under the SSI or SSDI Programs; 3. Adults who are not included in the calculation of TCA in child-only cases; 4. One custodial parent with a child under three months of age, except that the parent may have a requirement to attend parenting classes or other activities; and 5. Individuals caring for a disabled family member.

Food Stamp exemptions include those who are:

1. Children under age 16; 2. Age 60 or over; 3. Age 16 or 17 who is not the payee/head of a household, or who is attending school, or enrolled in an Employment and Training Program at least half time; 4. Physically or mentally unable to work; 5. Responsible for an incapacitated individual; 6. Responsible for the care of a dependent child under age six; 7. Students enrolled at least half time in a recognized school (high school, training program, or an institution of higher education; 8. Drug and/or Alcohol Treatment Program participant; 9. Complying with TCA, RAP, or Match Grant work requirements (Note: Do not use this exemption when an individual is non-compliant with a TCA work requirement.); 10. Applying for or receiving Unemployment Compensation and complying with the work requirements of that program; 11. Working a minimum of 30 hours per week or receiving earnings equal to or greater than the federal minimum wage multiplied by 30 hours; 12. School employees under contract; 13. VISTA or AmeriCorps VISTA Volunteers; or

Chapter: 1400 Technical Requirements Program: TCA 62 14. Migrant and seasonal farm workers who are under agreement with an employer or crew chief to begin employment within the next 30 days. 1420.1906 Exemptions from Participation (TCA) Individuals meeting one or more of the following conditions are exempt from participation:

1. under age 16 and not the payee of the TCA benefit; 2. full-time students age 16-18 who are not the payee of the TCA benefit; 3. individuals caring for a disabled family member; 4. one custodial parent of a child under three months of age; 5. determined by the RWB or their contract provider to be unable to comply with work requirements because compliance would make it probable that the individual would be unable to escape domestic violence; or 6. eligible for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

An individual who is exempt due to domestic violence must comply with an alternative plan that specifies requirements that prepare the individual for self-sufficiency while providing for safety of the individual. This is not an exemption from participation, but good cause for failure to comply.

1420.1906.01 Individuals under 16 (TCA) Individuals under 16 who are not the payee of the Temporary Cash Assistance (TCA) benefit are exempt from participation. Individuals under 16 who are not teen parents cannot participate.

The individual’s statement of age may be accepted unless questioned. If questioned, verification must be obtained.

Exception: Teen parents under age 16 who are the payee (head of household) of the TCA benefit for themselves and their child, due to meeting an exception to residing with a parent, relative or legal guardian, must be referred to the RWB for monitoring of school attendance. 1420.1906.03 Full-Time Students (TCA) Individuals age 16 through 18 years of age are exempt if the individual is a full-time student, as defined by the school, who attends elementary, secondary, vocational or technical school.

Exception: Teen parents who are the payee (head of household) of the Temporary Cash Assistance benefit for themselves and their child must be referred to the RWB for monitoring of school attendance.

Individuals are considered to be in attendance during school vacations, illness, convalescence, family emergency, and for the entire month they complete or discontinue schooling.

Individuals who withdraw from school or lose their full-time status are not exempt. An individual’s statement of student status is acceptable to qualify for this exemption unless questionable. If questionable the following is acceptable verification of student status:

1. a verbal or written statement from a school official, 2. registration forms, or 3. report cards.

A review of the exemption status must be made at each complete eligibility review or sooner if this status is questionable.

Chapter: 1400 Technical Requirements Program: TCA 63 Note: An individual’s statement should be considered questionable when a notice of an individual’s truancy or dropout status has been received from the school via the Learnfare data exchange process. 1420.1906.05 Care of a Disabled Family Member (TCA) An individual is exempt from participation in work activities when the individual is required to be in the home to provide for the personal care of a family member with a disability. The individual is not subject to time limits during the allowed exemption period.

The care given may include such things as supervision, arranging services, transportation and such tasks that are typically completed during the family member’s waking hours. The caregiver’s statement of their need to provide care in the home for the disabled individual is sufficient to establish the exemption. Verification of the family member’s disability is required. Statement of Need for Care, CF-ES 2094, can be used to verify the disability and get the caregiver’s statement. A verbal statement from the caregiver to the questions in Part A of this form may substitute for the caregiver completing this section. A disabled family member is any person related by blood or marriage and who resides in the home with the caregiver. The individual in need of care need not be a member of the assistance group/standard filing unit (AG/SFU) and may be either an adult or child. The caregiver may self-declare to the lack of alternative care, including lack of alternative care from other family members, for the disabled individual.

A family member is considered disabled if receiving temporary or permanent disability benefits issued by a government or a private source, or if a statement from a physician or licensed certified psychologist indicates that the family member is disabled. The age of the family member is not a factor in the need for care.

The need for care of the disabled individual must be reviewed annually to evaluate whether or not the TCA recipient still qualifies for this exemption. When the family member requiring care is temporarily disabled, the disability verification is valid until the temporary disability is expected to end or one year, whichever is earlier. If the disability is total and permanent, there is no need to re-verify the family member’s disability. In either case, the department must annually require a verbal or written statement explaining the caregiver provides personal care for the disabled individual in their home.

When one disabled individual lives in a two-parent AG, only one parent may be exempted from work requirements due to caring for the disabled individual. Unless otherwise exempt, the other adult in the two-parent AG is required to participate in employment and training activities. The responsibility for the caregiver of a disabled family member may be moved from one adult in the case to another adult in the case at any time, if requested by the AG. If this occurs, verbal statement from the new caregiver or an updated Part A section on the Statement of Need for Care (CF-ES-2094) is required. The request should be granted unless the adult who was required to comply with work activities is facing penalties for noncompliance. When more than one disabled member lives in a two-parent AG, both parents may meet the need for care exemption, provided no alternative care exists and the parents indicate each parent is responsible for the care of a different disabled household member. If a parent is in need of care, they cannot claim an exemption to care for another household member.

Note: If the physician states the disability is “temporary", then the need for care exemption can only be approved for the period determined by the physician. 1420.1906.07 Child Under Three Months (TCA) One custodial parent of a child under three months is exempt. The individual’s statement of the child’s age is sufficient, unless questionable. When there is more than one child in the home who meets this criterion, the age of the youngest child should be used for this exemption.

Chapter: 1400 Technical Requirements Program: TCA 64 1420.1906.13 Victims of Domestic Violence (TCA) An individual who is determined by the RWB or their contract provider to be unable to comply with work requirements because compliance would make it probable that the individual would be unable to escape domestic violence is exempt from work requirements. However, the individual must comply with an alternative plan that specifies requirements that prepare the individual for self-sufficiency while providing for the individual’s safety.

An individual who is determined by the RWB or their contract provider to be unable to comply with work requirements due to mental or physical impairment related to past incidents of domestic violence may be exempted from the work activity requirements for a period of time determined by the RWB career manager. The individual must comply with the alternative plan or penalties for noncompliance with work requirements must be applied. 1420.1912 Penalties for TCA Non-Compliance (TCA) Non-exempt individuals who fail to comply with required work activities and who do not meet a good cause reason are subject to penalties described in passage 1420.1921. Passage 1420.1921 contains the applicable Temporary Cash Assistance (TCA) and food stamp penalties for TCA assistance groups.

Compliance with work requirements will be determined by the Regional Workforce Board or their designated provider. The eligibility specialist will be notified of any non-compliance by the FLORIDA alert system. The eligibility specialist imposes penalties on a non-compliant family using the FLORIDA system. Families must be notified by a FLORIDA or a manually prepared notice of adverse action when a penalty is imposed. 1420.1913 Good Cause for Noncompliance (TCA) Good cause exists when circumstances beyond an individual’s control prevent participation in work activities. Good cause for noncompliance with work activity requirements is determined by the Regional Workforce Board or their designated provider. The eligibility specialist shall inform the participant to report good cause to the Regional Workforce Board or their designated provider within three working days of failure to comply. Reasons for good cause for noncompliance are as follows:

1. Child Care - Assistance is not terminated if the individual is a single custodial parent caring for a child who has not attained age six and the parent proves the inability to obtain child care within a reasonable distance; unavailability or unsuitability of informal care by a relative or under other arrangements; or unavailability of appropriate and affordable formal child care arrangements.

2. Medical Incapacity - If an individual cannot participate in an assigned work activity due to a temporary medical incapacity, the individual is required to comply with a medically prescribed course of treatment necessary to resume participation. The individual may be excused from work activity requirements if the medical incapacity is verified by a licensed physician.

3. Pending Supplemental Security Income (SSI) or Social Security Disability Income (SSDI) Application - The local Regional Workforce Board career manager will determine the extent to which the individual is capable of complying in work activities if an individual provides verification that he has a pending SSI or SSDI application.

4. Domestic Violence - An individual who is determined by the Regional Workforce Board or their designated provider to be unable to comply with work requirements because such compliance would make it probable that the individual would be unable to escape domestic violence is exempt from work requirements. However, the individual must comply with an alternative plan that specified requirements that prepare the individual for

Chapter: 1400 Technical Requirements Program: TCA 65 self-sufficiency while providing for their safety. An individual who is determined to be unable to comply with work requirements due to mental or physical impairment related to past incidents of domestic violence may be exempted from work requirements for a period of time by the Regional Workforce Board or their designated provider. The individual must comply with the alternative plan or work activity penalties will apply.

5. VISTA or AmeriCorps VISTA Volunteers - VISTA volunteers enrolled for full-time service as volunteers are not to have services or assistance under any governmental programs interrupted because of their failure or refusal to register for, seek, or accept employment or training during the time they are VISTA volunteers. This means that if they fail to register for work or complete assigned work activities, they cannot be penalized for Temporary Cash Assistance (TCA) or Food Stamp Programs.

6. Other Good Cause Reasons - An individual temporarily unable to participate due to circumstances beyond their control may be granted an exception from noncompliance penalties. Examples include family emergencies or disruptions in the family’s usual transportation system.

Tracking of good cause for noncompliance (for example, following the course of treatment for medical incapacity) will be performed by the Regional Workforce Board or their designated provider.

If a penalty has been imposed (or is scheduled to be imposed) and the Regional Workforce Board indicates that the individual had good cause for not participating in work activities, the eligibility specialist will remove the penalty. The next penalty will be counted as the same penalty that had been imposed at the time good cause was determined (i.e., an individual has been penalized for a second time, if good cause is subsequently approved by the Regional Workforce Board or their designated provider, the penalty will be lifted and the next penalty would be the second penalty). 1420.1914 Requirement to Counsel (TCA) Prior to requesting imposition of a TANF penalty, the Regional Workforce Board career manager will counsel the non-compliant individual. The purpose of the counseling is to determine why full compliance with work activity requirements has not been achieved. The individual will be counseled regarding compliance and, if appropriate, will be referred by the Regional Workforce Board career manager for services that could assist the individual to fully comply with work activities. The career manager will send a letter of counseling to the recipient and allow the individual 10 days to contact them for counseling. 1420.1917 Length of Penalty Periods (TCA) When it is determined that an individual has not complied with prescribed work activities, the penalty period will be applied as follows:

1. First Noncompliance - Temporary Cash Assistance is terminated for the entire assistance group until the individual contacts the RWB/contract provider and complies with prescribed work activities.

2. Second Noncompliance - Prior to requesting imposition of the second penalty, the RWB/or designee will interview and counsel the non-compliant individual. The interview will be conducted to determine why full compliance with work activity requirements has not been achieved. The individual will be counseled regarding compliance and, if appropriate, will be referred by the RWB/or designee for services that could assist the individual to fully comply with work activities.

Temporary Cash Assistance is terminated for the entire assistance group until the individual contacts the RWB/or designee and complies with work activities. Temporary

Chapter: 1400 Technical Requirements Program: TCA 66 Cash Assistance may be provided to children under the age of 16 through a protective payee.

3. Third and Subsequent Noncompliance - Policy for the third noncompliance is also applicable for subsequent noncompliance when requirements for forgiving prior noncompliance have not been met.

Temporary Cash Assistance is terminated for the entire assistance group. The penalty period remains in effect for three months. The individual is required to contact the RWB/or designee and comply with work activities prior to reinstatement of assistance. The penalty period must be served prior to reinstatement of assistance. Temporary Cash Assistance may be provided to children under the age of 16 through a protective payee. 1420.1920 Circumstances under Which a Sanction Can Be Lifted (TCA) Exemption Changes:

A sanctioned individual who becomes exempt from work requirements may reapply for food stamps and TCA.

TCA - When a sanctioned individual files an application and is now exempt, lift the sanction. If the individual becomes mandatory again, they are once again subject to the requirements for compliance and the remaining sanction period they did not serve.

Food Stamps - If the individual reapplies and is is exempt from work requirements, lift the sanction. Do not apply Riverside policy during periods when a non-compliant individual is exempt. For food stamps, the eligibility staff determine if the sanctioned individual is now exempt and whether to lift the sanction.

Eligibility Changes:

Food Stamps - Once an individual is serving a sanction for food stamps due to a TCA related sanction, the sanctioned individual must serve the food stamp sanction period unless they become exempt, or the RWB, their designee, or the eligibility specialist determines the individual had good cause for non-compliance with TCA related work requirements.

Individuals serving a sanction for food stamps due to noncompliance with TCA related work requirements cannot have a sanction lifted simply by opting not to receive cash assistance.

If the sanctioned individual moves out of the residence, the remainder of the AG may reapply for food stamps. 1420.1921 Assigning Sanction Periods for TCA and FS (TCA) Impose the correct TCA sanction and determine if the individual meets a food stamp exemption. If the individual meets a food stamp exemption, do not impose a food stamp sanction. If the individual does not meet an exemption:

First Non-Compliance:

TCA - Terminate the TCA for the entire AG for a minimum of 10 days. To reinstate the TCA at the end of the 10-day minimum sanction period the individual who failed to comply with the assigned activity must comply.

Food Stamps -

Chapter: 1400 Technical Requirements Program: TCA 67 1. Payee/ head of household of food stamp AG is non-compliant - the entire AG becomes ineligible for one month. If at the end of the month the non-compliant payee is still not complying with work activities, the payee of the AG remains ineligible but other members of the food stamp AG may reapply.

2. AG member is non-compliant - Only the non-compliant individual becomes ineligible for a minimum of one month or until they comply, whichever is later.

Second Non-Compliance:

TCA - Terminate TCA for the entire AG for a minimum of one month or until the non-compliant individual complies, whichever is later. Upon compliance with the assigned work activity, TCA reinstate TCA benefits back to the date of compliance or the first day of the month following the sanction period, whichever is later.

If the AG requests TCA benefits for children under age 16, provide the TCA through a protective payee, during the sanction period.

Food Stamps -

1. Payee/ head of household of food stamp AG is non-compliant - The entire AG becomes ineligible for three months. If at the end of three months the non-compliant payee does not meet an exemption and is still not complying with work activities, the payee of the AG remains ineligible for food stamps until compliance. Other members of the food stamp AG may reapply at the end of the three-month sanction period.

2. AG Member is Non-Compliant - Only the non-compliant member becomes ineligible for a minimum of three months or until they comply, whichever is later.

Third Non-Compliance:

TCA - Terminate TCA is terminated for the entire AG for a minimum of three months or until the individual who failed to comply does so, whichever is later. Upon completion of the minimum three-month sanction period, the individual must reapply, contact the Regional Workforce Board or their designee, and comply with assigned activities prior to reinstatement of TCA. Upon compliance with the assigned work activity, reinstate TCA benefits back to the date of compliance or the first day of the month following the sanction period, whichever is later. If the AG requests TCA for children under age 16, provide the TCA through a protective payee, during the sanction period.

Food Stamps -

1. Payee/ head of household of food stamp AG is non-compliant- The entire AG becomes ineligible for six months. If at the end of six months the non-compliant payee does not meet an exemption and is still not complying with work activities, the payee of the AG remains ineligible for food stamps until compliance. Other members of the food stamp AG may reapply at the end of the six-month sanction period.

2. AG Member is Non-Compliant - The individual only becomes ineligible for a minimum of six months or until they comply, whichever is later.

There is no forgiveness policy for food stamps and any non-compliance after the third non- compliance requires the same sanction period as the third food stamp sanction.

Chapter: 1400 Technical Requirements Program: TCA 68 1420.1922 BR Referral Due to Agency Error (TCA) If the eligibility specialist fails to apply a penalty after it is determined that an individual has not complied with work requirements and good cause does not exist, a BR referral will be completed. The first month of the penalty period is the first month that ten days advance notice can be given. 1420.1923 Penalties and Voluntary Participants (TCA) An exempt volunteer may withdraw from participation in work requirements at any time without a financial penalty. If the volunteer does not notify the RWB/or designee or eligibility specialist prior to ending participation, then the volunteer will lose priority for services if they wish to participate in the program at a later date. 1420.1924 Reinstatement of TCA after Penalty (TCA) When a penalized individual indicates a willingness to participate, the Regional Workforce Board or their designee will be responsible for determining if the individual has satisfied program requirements. The Regional Workforce Board or designee will notify the eligibility specialist when compliance has occurred.

Refer to 1420.1920 to determine when benefits can begin following compliance.

When an individual has been off of assistance 30 days or more due to a work penalty non- compliance an application is required. 1420.1925 Forgiving Prior Noncompliance (TCA) If a previously penalized individual complies for a period of at least six months, the individual is forgiven for all past noncompliance. With the occurrence of a subsequent penalty, it is handled as if prior sanctions do not exist. For example, if an individual becomes noncompliant after being in compliance for at least six months, the resultant sanction is considered to be the first noncompliance. 1420.1926 Assistance for Children under Age 16 (TCA) Upon the second, third or subsequent noncompliance with work activity requirements, Temporary Cash Assistance may be provided for a child(ren) in the family who is under age 16. Temporary Cash Assistance payments must be made through a protective payee, when the noncompliant individual is the parent payee. Once Temporary Cash Assistance is terminated, the Notice of Work Sanctions must be sent. This form notifies the assistance group of the sanction, the continuation of assistance for children under age 16 and the protective payee requirement. Follow application and date of eligibility policy and procedures to provide assistance to children under age 16.

Temporary Cash Assistance policy and procedures for protective payees should be followed to establish a protective payee for continuance of Temporary Cash Assistance. Refer to Chapter 3200 for these procedures. The pre-sanctioned Temporary Cash Assistance amount is included in the food stamp budget. 1420.1927 Caretaker Relative Cases (TCA) A caretaker relative who has failed to comply with work activity requirements may ask to have their needs removed from the Temporary Cash Assistance case and may request Temporary Cash Assistance for the child only as a child-only case. This is true regardless of the age of the child. However, if the noncompliance is the third or subsequent noncompliance, the three month penalty period must first be served. During the penalty period, Temporary Cash Assistance benefits may be provided to a child under age 16. Refer to passage 1420.1926, “Assistance for Children under Age 16”.

Chapter: 1400 Technical Requirements Program: TCA 69 Once the case is considered a child-only case, non-TANF food stamp work requirements, including any applicable penalties, are applied if the relative receives food stamps. Protective payee provisions do not apply once the case is considered a child-only case. In order for the caretaker relative’s needs to again be included in the Temporary Cash Assistance benefits, the relative must serve any applicable penalty period and comply with work activity requirements. Date of eligibility begins on the date the RWB/or designee states the individual contacted them and subsequently complied, and after any applicable penalty period. 1420.2000 LEARNFARE (TCA) School age children age six by February 1 of the current school year up to age 18 are subject to the school attendance requirement. Parents or caretaker relatives whose needs are included in the benefit calculation must participate in school conferences.

Note: Refugees applying for TCA are exempted from Learnfare requirements at initial application only, if the initial application is within 12-months from date of entry/status/asylum. At recertification, the eligibility worker must ensure the household is complying with learnfare requirements prior to reauthorizing benefits. 1420.2001 Learnfare - School Attendance (TCA) A child of a TCA recipient is required to attend school unless good cause is established or an exemption from educational participation requirements has been granted.

Good Cause is considered to exist when:

1. The student is expelled from school and an alternative school is not available. 2. Prohibitive transportation problems exist.

An educational exemption from participation exists when a school official has granted a hardship waiver due to employment, medical reasons, a court action, or pregnancy.

Children who are habitual truants and school dropouts will be sanctioned for failing to meet school attendance requirements. Local school boards will notify DCF of children who are habitual truants or dropouts.

When notified by the school district that a child is habitually truant or a dropout, the agency must determine if “good cause” for non-cooperation. If a good cause requirement is met, a sanction will not be imposed and a child age 16 or 17 will be referred to the workforce board for participation in work requirements. If a good cause requirement is not met, action will be taken to remove the child from the TCA assistance group effective the first month following the required adverse action period.

Lifting School Attendance Sanctions:

1. Habitually Truant Children

A TCA sanction will be lifted when school officials notify DCF that attendance has improved. The recipient must request that the child’s needs be added back to the assistance group. Failure to make this request will result in termination of the assistance group’s TCA benefit.

2. School Dropouts

TCA sanctions will be lifted when the child:

Chapter: 1400 Technical Requirements Program: TCA 70 a. enrolls in school, b. receives a high school diploma or its equivalency, c. enrolls in preparation for General Educational Development (GED) Tests, or d. enrolls in other educational activities approved by the district school board. 1420.2003 Learnfare School Conferences (TCA) A parent or included caretaker relative with a child subject to school attendance requirements, must have a conference with an appropriate school official during each semester.

The parent’s or included caretaker relative’s statement of completion of the school conference must be obtained at the regularly scheduled review. If a review is due during the summer when school is not in session, the conference verification from the prior semester will be sufficient evidence of compliance.

A parent or caretaker relative who fails to have a conference with a school official, without good cause, is subject to sanction. Sanctions will be imposed in the month following the required adverse action period. To have a sanction lifted, the recipient must comply with the conference requirement. Normal procedures for adding an individual to an assistance group should be followed.

Exemptions from the Learnfare school conference requirements

The following individuals are exempt from Learnfare school conference requirements:

1. Caretaker relatives whose needs are not included in the TCA benefit, 2. Parents or included caretaker relatives who home school their children with the approval of the local school board. 3. Parents or included caretaker relatives where the only child subject to educational participation meets a good cause or educational exemption. 1420.2100 APPLYING THE FAMILY CAP POLICY (TCA) A child born to a recipient of Temporary Cash Assistance more than ten months from the date of application will be subject to the family cap. If the individual reapplies for TCA and there has been a break of six or more continuous months since the last TCA was received, the family cap will apply to a child born more than 10 months from the date of reapplication.

The first child subject to family cap will be added to the assistance group at one half the benefit amount for adding additional persons. This addition of one half the benefit amount applies to all children in the case of multiple births. The Temporary Cash Assistance will not increase when any other children subject to the cap are born to the cash recipient.

Children subject to a Temporary Cash Assistance benefit cap will be considered Temporary Cash Assistance recipients for all other purposes, including Medicaid eligibility, eligibility for child care, and categorical eligibility for food stamps. The family cap remains with the child, unless the child meets an exception to the provision.

All of the income and assets of family cap children are considered in the budget calculation of the assistance group. Child support is not counted for subsequent children. 1420.2101 Break in Assistance (TCA) When an assistance group does not receive cash assistance for six or more continuous months, the family cap is applied as if the assistance group is a new applicant. The family cap is applied when the birth of a child occurs more than ten months from the date of reapplication. Past months of cash assistance received prior to the reapplication, following a six-month or more

Chapter: 1400 Technical Requirements Program: TCA 71 break in receipt of TCA, are not counted. When a break occurs for less than six continuous months, the family cap continues to apply as if there were no break. 1420.2102 Children Not Subject to Family Cap (TCA) A child is not subject to the family cap provision in the following situations:

1. the firstborn(s) of a minor when the minor is receiving Temporary Cash Assistance as a dependent in the minor parent’s assistance group; 2. the child was conceived as a result of rape, sexual assault, or incest, and the mother filed a police report within 30 days of the incident; 3. a child whose parental custody has been legally transferred (examples include a legal transfer of custody or guardianship sanctioned by a court of the state; a voluntary private placement of a child by the child’s parent involving a legal transfer of a custody or guardianship; and a placement by the state agency or agency under contract with the state agency); 4. a child who is no longer able to live with his parents as a result of:

a. the death of the child’s parent(s); b. the incapacity of the child’s parent(s) as documented by a physician, such that the parent(s) is unable to care for the child; c. incarceration of the child’s parent(s) and the parent(s) is not considered temporarily absent; Note: A child otherwise subject to the family cap will again be subject to the family cap upon the subsequent release of the parent(s). d. a situation in which the child’s parent’s institutionalization is expected to be for an extended period and the absence is not considered temporary. Note: A child otherwise subject to the family cap provision will again be subject to the family cap upon the subsequent reapplication for assistance. e. Children born ten months or less from the initial date of application or ten months or less from a reapplication, following a break in receipt of TCA of six or more continuous months.

The following are not considered Temporary Cash Assistance recipients for determining family cap:

1. SSI mothers, and 2. cash assistance received in another state. 1420.2200 INDIVIDUAL CONVICTED OF FELONY DRUG TRAFFICKING (TCA) Temporary Cash Assistance benefits shall be denied to an individual who has been convicted of a felony for drug trafficking including agreeing, conspiring, combining, or confederating with another person to commit the act committed after 8/22/1996. This disqualification is a lifetime disqualification. Only the individual who was convicted will be penalized. If the illegal behavior that lead to the conviction occurred on or before 8/22/96, the disqualification does not apply regardless of the date of the conviction. If a court expunges the felony drug trafficking conviction, the individual is not subject to the disqualification. The individual must provide proof of the expungement.

Since felony conviction for drug trafficking is not considered noncompliance with specific program requirements, “Riverside” policy would not be applied.

Chapter: 1400 Technical Requirements Program: TCA 72 1420.2300 COOPERATION WITH QUALITY CONTROL (TCA) There is no federal requirement to complete Quality Control (QC) reviews for TCA cases. However, the state has opted to continue this process in order to maintain program integrity.

When the eligibility specialist is notified that an individual receiving TCA refuses to cooperate with the QC review, the eligibility specialist will contact the recipient to conduct an eligibility review. If the individual cooperates, the interview may be conducted jointly with the QC analyst. If the individual does not cooperate, the TCA benefit will be canceled, as the eligibility specialist is unable to determine eligibility.

Note: It is important that the reason on the notice to the individual reflects the correct cancellation reason. There is no basis for canceling TCA solely for refusal to cooperate with the QC review.

If the individual whose benefit is terminated for this reason subsequently reapplies, eligibility will be determined without involvement of QC. 1420.2400 FAILURE TO REPORT CHILD OUT OF HOME (TCA) Temporary Cash Assistance recipients are required to report changes within 10 calendar days. The parent or caretaker relative must report within 5 calendar days that a minor child will be out of the home for 30 or more consecutive days. Failure to do so results in penalizing the parent or caretaker relative from receiving Temporary Cash Assistance in the following manner:

1. 30 days for the first occurrence; 2. 60 days for the second occurrence; and 3. 90 days for the third or subsequent occurrence.

Policy regarding temporary absence from the home will apply before applying penalties.

The individual being penalized will still be eligible for food stamp and Medicaid benefits; however, “Riverside” procedures will be applied. 1420.2500 FLEEING FELONS AND PROBATION OR PAROLE VIOLATORS (TCA) Temporary Cash Assistance benefits must be denied to an individual who is a fleeing felon or in violation of probation or parole. Since an individual disqualified due to being a fleeing felon or probation or parole violator is not considered a noncompliance with a specific program requirement, “Riverside” policy will not be applied. The following passages address how to determine if an individual is a fleeing felon or in violation of probation or parole. 1420.2501 Fleeing Felon (TCA) States must use a four-part test to identify fleeing felons. All four items have to be present and verified by the State agency to determine that an individual is a fleeing felon. To be a fleeing felon ineligible for TCA benefits the following four criteria must be met:

1. There must be a felony warrant for the individual; 2. The individual must be aware of, or should reasonably be able to expect that, a warrant has or would have been issued; 3. The individual has taken some action to avoid being arrested or jailed, and; 4. A law enforcement agency is “actively seeking” the individual.

Law enforcement is “actively seeking” the individual when it informs the Department it intends to enforce an outstanding felony warrant.

Chapter: 1400 Technical Requirements Program: TCA 73 1420.2502 Probation or Parole Violator (TCA) The State agency has the responsibility of verifying the status of the probation or parole violator. The violation can be a misdemeanor or a felony. To be a probation or parole violator ineligible for a TCA benefits the following two conditions must be met:

1. The individual must have violated a condition of his or her probation or parole, and; 2. Law enforcement must be “actively seeking” the individual to enforce the conditions of the probation or parole.

Law enforcement is “actively seeking” the individual when it informs the Department it intends to enforce an outstanding misdemeanor or felony warrant for a probation or parole violation.

Table of Contents Technical Requirements i 1430.0000 Family-Related Medicaid ............................................. 1 1430.0005 Family-Related Medicaid Technical Factors (MFAM) ........................................... 1 1430.0100 CITIZENSHIP/NONCITIZEN STATUS (MFAM) ....................................................... 1 1430.0101 Declaration of Citizenship/Noncitizen Status (MFAM) .......................................... 1 1430.0102 Definition of U.S. Citizenship (MFAM) ................................................................... 1 1430.0103 Verification Sources for U.S. Citizens (MFAM) ..................................................... 2 1430.0103.01 Reasonable Opportunity Period (MFAM) .......................................................... 4 1430.0104 Noncitizens (MFAM) .............................................................................................. 4 1430.0105 Qualified Noncitizens (MFAM) .............................................................................. 4 1430.0106 Lawful Permanent Resident (MFAM) .................................................................... 4 1430.0106.01 Noncitizens Serving in the United Stated Armed Forces (MFAM) ................... 5 1430.0106.02 Amerasians (MFAM) ......................................................................................... 6 1430.0107 Asylees (MFAM) .................................................................................................... 6 1430.0108 Refugees (MFAM) ................................................................................................. 6 1430.0109 Victims of Human Trafficking (MFAM) .................................................................. 7 1430.0110 Parolees (MFAM) .................................................................................................. 7 1430.0111 Deportation Withheld (MFAM) ............................................................................... 8 1430.0112 Cuban/Haitian Entrants (MFAM) ........................................................................... 8 1430.0113 Battered (MFAM) ................................................................................................... 9 1430.0114 Verification Requirements for Noncitizens (MFAM) ............................................ 10 1430.0115 VIS-CPS (MFAM) ................................................................................................ 11 1430.0116 Lawfully Residing Noncitizen Children up to age 19 (MFAM) ............................. 11 1430.0117 Assistance for Ineligible Noncitizens (MFAM) ..................................................... 11 1430.0118 Noncitizens not Eligible for Assistance (MFAM) ................................................. 12 1430.0119 Compact of Free Association (COFA) migrants (MFAM) .................................... 12 1430.0200 SOCIAL SECURITY NUMBER (MFAM) ................................................................ 12 1430.0204 When SSN is not Provided/Refusal to Apply (MFAM) ........................................ 13 1430.0205 Suspected and Confirmed Multiple SSNs (MFAM) ............................................. 13 1430.0206 SSN Application Follow-Up (MFAM) ................................................................... 13 1430.0207 SSNs Not Validated Through Data Exchange (MFAM) ...................................... 14 1430.0300 RESIDENCY (MFAM) ............................................................................................. 14 1430.0310 Temporary Absence from the State (MFAM) ...................................................... 15 1430.0400 IDENTITY (MFAM) ................................................................................................. 15 1430.0500 AGE (MFAM) .......................................................................................................... 16 1430.0504 Definition of a Child (MFAM) ............................................................................... 16 1430.0505 Verification of Age (MFAM) ................................................................................. 16 1430.0700 PARENTS (MFAM) ................................................................................................. 17 1430.0701 Who is Considered a Parent (MFAM) ................................................................. 17 1430.0702 Definition of Biological Father (MFAM) ............................................................... 17 1430.0703 Definition of a Legal Father (MFAM) ................................................................... 17 1430.0704 When an Individual Becomes a Parent (MFAM) ................................................. 17 1430.0705 Ceremonial Marriage (MFAM) ............................................................................. 17 1430.0706 Biological Parents (MFAM) ................................................................................. 17 1430.0707 Common-Law Marriage (MFAM) ......................................................................... 18 1430.0708 Establishment of Paternity (MFAM) .................................................................... 18 1430.0709 Adoption (MFAM) ................................................................................................ 18 1430.0710 Joint Custody (MFAM) ........................................................................................ 18

Table of Contents Technical Requirements ii 1430.0800 LIVING IN THE HOME (MFAM) ............................................................................. 18 1430.0802 Definition of Parent/Caretaker Relative (MFAM) ................................................. 19 1430.0803 Verifying Parenthood/Caretaker Relationship (MFAM) ....................................... 19 1430.0804 Sources of Verification (MFAM) .......................................................................... 19 1430.0805 Definition of Living in the Home (MFAM) ............................................................ 20 1430.0806 Verification/Documentation (MFAM) ................................................................... 20 1430.0807 Temporary Absence from the Home (MFAM) ..................................................... 21 1430.0808 Children Who Remain Hospitalized (MFAM) ...................................................... 21 1430.1000 PREGNANCY (MFAM) ........................................................................................... 21 1430.1100 LIVING ARRANGEMENTS (MFAM) ...................................................................... 21 1430.1103 Residents of Public Institutions/IMDs (MFAM) .................................................... 21 1430.1600 ASSIGNMENT OF RIGHTS FOR TPL (MFAM)..................................................... 22 1430.1601 Assignment of Rights to TPP (MFAM) ................................................................ 22 1430.1602 Identification of Third Party Liability (MFAM) ...................................................... 22 1430.1700 CHILD SUPPORT COOPERATION (MFAM) ........................................................ 22 1430.1702 Child Support Cooperation Requirements (MFAM) ............................................ 23 1430.1704 Definition of Cooperation (MFAM) ....................................................................... 23 1430.1705.01 Definition of Non-custodial Parent (MFAM) .................................................... 23 1430.1705.02 Legal Father and Natural Father (MFAM) ...................................................... 23 1430.1706 Cooperation by a Pregnant Woman (MFAM) ...................................................... 23 1430.1707 Good Cause for Failure to Cooperate (MFAM) ................................................... 24 1430.1708 Reasons for Good Cause (MFAM) ...................................................................... 24 1430.1710 CSE Reports of Failure to Cooperate (MFAM) ................................................... 24 1430.1711 Ending Sanction (MFAM) .................................................................................... 24 1430.2300 COOPERATION WITH QUALITY CONTROL (MFAM) ......................................... 25 1440.0000 SSI-Related Medicaid, State Funded Programs ....... 26 1440.0006 SSI-Related Technical Factors (MSSI, SFP) ...................................................... 26 1440.0007 Medicaid - Technical Factors for ICP (MSSI) ...................................................... 26 1440.0008 Additional Criteria - HCBS Waivers (MSSI) .................................................... 26 1440.0100 CITIZENSHIP/NONCITIZEN STATUS (MSSI, SFP) .............................................. 27 1440.0101 Declaration of Citizenship/Noncitizen Status (MSSI, SFP) ................................. 27 1440.0102 Definition of U.S. Citizenship (MSSI, SFP) ......................................................... 27 1440.0103 Verification Sources for U.S. Citizens (MSSI, SFP) ............................................ 28 1440.0104 Noncitizens (MSSI, SFP) .................................................................................... 29 1440.0105 Qualified Noncitizens (MSSI, SFP) ..................................................................... 30 1440.0106 Lawful Permanent Resident (MSSI, SFP) ........................................................... 30 1440.0106.01 Noncitizens Serving in the United States Armed Forces (MSSI, SFP) .......... 30 1440.0106.02 Amerasians (MSSI, SFP) ............................................................................... 32 1440.0107 Asylees (MSSI, SFP) .......................................................................................... 32 1440.0108 Refugees (MSSI, SFP) ........................................................................................ 32 1440.0109 Victims of Human Trafficking (MSSI, SFP) ......................................................... 32 1440.0110 Parolees (MSSI, SFP) ......................................................................................... 33 1440.0111 Deportation Withheld (MSSI, SFP) ..................................................................... 33 1440.0112 Cuban/Haitian Entrants (MSSI, SFP) .................................................................. 34 1440.0113 Battered (MSSI, SFP) ......................................................................................... 34 1440.0114 Verification Requirements for Noncitizens (MSSI, SFP) ..................................... 35 1440.0115 VIS-CPS (MSSI, SFP) ......................................................................................... 36 1440.0116 Lawfully Residing Noncitizen Children up to age 19 (MSSI) .............................. 36

Table of Contents Technical Requirements iii 1440.0117 Assistance for Ineligible Noncitizens (MSSI, SFP) ............................................. 37 1440.0118 Noncitizens not Eligible for Assistance (MSSI, SFP) .......................................... 37 1440.0119 Compact of Free Association (COFA) migrants (MSSI) ..................................... 37 1440.0200 SOCIAL SECURITY NUMBER (MSSI, SFP) ......................................................... 38 1440.0204 When SSN is not Provided/Refusal to Apply (MSSI, SFP) ................................. 39 1440.0205 Suspected and Confirmed Multiple SSNs (MSSI, SFP) ...................................... 39 1440.0206 SSN Application Follow-Up (MSSI, SFP) ............................................................ 39 1440.0207 SSNs Not Validated Through Data Exchange (MSSI, SFP) ............................... 39 1440.0300 RESIDENCY (MSSI, SFP) ...................................................................................... 40 1440.0301 Residency of Homeless Individuals (MSSI, SFP) ............................................... 40 1440.0303.01 Residency Requirements (MSSI, SFP) .......................................................... 40 1440.0303.02 Residents of Florida (MSSI, SFP) .................................................................. 40 1440.0303.03 Residency for Employment (MSSI, SFP) ....................................................... 40 1440.0307 Residents of Title XIX Facilities (MSSI, SFP) ..................................................... 41 1440.0309 Residency Verification (MSSI, SFP) ................................................................... 41 1440.0310 Temporary Absence from the State (MSSI) ........................................................ 42 1440.0400 IDENTITY (MSSI) ................................................................................................... 42 1440.0500 AGE (MSSI, SFP) ................................................................................................... 42 1440.0507 Age Requirements (MSSI, SFP) ....................................................................... 42 1440.0508 Verification of Age (MSSI, SFP) .......................................................................... 43 1440.1100 LIVING ARRANGEMENTS (MSSI, SFP) ............................................................... 43 1440.1103 Residents of Public Institutions/IMDs (MSSI) ..................................................... 43 1440.1104 Reduced SSI - Patients in Medical Institutions (MSSI, SFP) .............................. 43 1440.1105 Full FBR for Temporary Institutionalization (MSSI, SFP) .................................... 43 1440.1106 Receipt of Assistive Care Services (MSSI) ......................................................... 44 1440.1200 AGED, BLIND, OR DISABLED (MSSI, SFP) ........................................................ 44 1440.1201 Aged Requirement (MSSI, SFP) ......................................................................... 44 1440.1202 Age Verification (MSSI, SFP) .............................................................................. 44 1440.1203 Blind/Disability Requirement (MSSI, SFP) .......................................................... 44 1440.1204 Blindness/Disability Determinations (MSSI, SFP) ............................................... 45 1440.1205 Exceptions to State Determination of Disability (MSSI, SFP) ............................. 45 1440.1206 Change in Disability Determination by SSA (MSSI, SFP)................................... 46 1440.1207 Blindness and/or Disability Redetermination (MSSI, SFP) ................................. 46 1440.1208 Presumptive Disability (MSSI, SFP) .................................................................... 46 1440.1209 Confidential Information Regarding Disability (MSSI, SFP) ................................ 46 1440.1210 How to Request a Disability Redetermination (MSSI, SFP) ............................... 46 1440.1300 APPROPRIATE PLACEMENT (MSSI) .................................................................. 47 1440.1301 When to Determine Need for Appropriate Placement (MSSI) ............................ 47 1440.1302 Who Determines Need for Placement (MSSI) .................................................... 48 1440.1303 Appropriate Placement for Institutional Care (MSSI) .......................................... 49 1440.1304 Appropriate Placement for Hospice Services (MSSI) ......................................... 49 1440.1305 Appropriate Placement for HCBS (MSSI) ........................................................... 49 1440.1306 Appropriate Placement for the HCDA Program (SFP) ........................................ 50 1440.1307 Appropriate Placement for the OSS Program (SFP) .......................................... 50 1440.1308 Appropriate Placement for OSS/Absence Provision (SFP) ................................ 50 1440.1309 Verification of Appropriate Placement for OSS (SFP) ........................................ 50 1440.1310 Appropriate Placement for PACE (MSSI) ........................................................... 51 1440.1400 REQUIREMENT TO FILE FOR OTHER BENEFITS (MSSI, SFP) ........................ 51

Table of Contents Technical Requirements iv 1440.1401 VA Pensions (MSSI, SFP) .................................................................................. 52 1440.1402 VA Improved Pension (MSSI, SFP) .................................................................... 52 1440.1500 RECEIPT OF OTHER BENEFITS (MSSI, SFP) .................................................... 52 1440.1503 Receipt of SSI (MSSI, SFP) ................................................................................ 52 1440.1504 Receipt or Entitlement to Medicare Part A (MSSI) .............................................. 53 1440.1600 ASSIGNMENT OF RIGHTS FOR TPL (MSSI)....................................................... 53 1440.1601 Assignment of Rights to TPP (MSSI) .................................................................. 53 1440.1602 Identification of Third Party Liability (MSSI) ........................................................ 53 1440.1700 CHILD SUPPORT COOPERATION (MSSI) .......................................................... 54 1440.1702 Child Support Cooperation Requirements (MSSI) .............................................. 54 1440.1704 Definition of Cooperation (MSSI) ........................................................................ 54 1440.1705.01 Definition of Non-custodial Parent (MSSI) ...................................................... 54 1440.1705.02 Legal Father and Natural Father (MSSI) ........................................................ 55 1440.1706 Cooperation by a Pregnant Woman (MSSI) ....................................................... 55 1440.1707 Good Cause for Failure to Cooperate (MSSI) ..................................................... 55 1440.1708 Reasons for Good Cause (MSSI) ....................................................................... 55 1440.1709 Failure to Cooperate (MSSI) ............................................................................... 55 1440.1710 CSE Reports of Failure to Cooperate (MSSI) ..................................................... 56 1440.1711 Ending Sanction (MSSI) ...................................................................................... 56

Chapter: 1400 Technical Requirements Program: MFAM 1 1430.0000 Family-Related Medicaid Family-Related Medicaid has technical (non-financial) factors, which must be considered to determine eligibility.

The eligibility specialist must determine if each individual meets the appropriate requirements for the type of assistance requested. If the individual does not meet the applicable requirements, the individual is technically ineligible. 1430.0005 Family-Related Medicaid Technical Factors (MFAM) The technical factors that may be considered are:

1. US Citizenship, 2. Noncitizen status, 3. Social Security number welfare enumeration, 4. Residency, 5. Age, 6. Identity, 7. Parent or other caretaker relative living in the home with a child, 8. Pregnancy, 9. Cooperation with child support, and 10. Assignment of rights for third party liability. 1430.0100 CITIZENSHIP/NONCITIZEN STATUS (MFAM) The eligibility determination must include an evaluation of the citizenship/noncitizen status for each individual who applies for Medicaid. Citizenship information of those family members who are not applying for benefits is not required. Non-receiving members are to be asked only if they are citizens or noncitizens, not their U.S. Citizenship and Immigration Services status. The criterion in this section does not apply to the Emergency Medicaid for Aliens (EMA) Program. 1430.0101 Declaration of Citizenship/Noncitizen Status (MFAM) Each applicant applying for public assistance must declare in writing whether each individual in the assistance group (AG) is an U.S. citizen, or a noncitizen in lawful immigration status.

An application declaring the citizenship/noncitizen status must be signed under penalty of perjury for all household members applying for assistance as a condition of eligibility. An adult applicant or designated representative may sign the application declaring the citizenship/noncitizen status of all members. 1430.0102 Definition of U.S. Citizenship (MFAM) To be considered a U.S. citizen, an individual must meet one of the following conditions:

1. be born in the U.S., D.C., or a U.S. territory, (Puerto Rico, U.S. Virgin Islands, Northern Mariana, American Samoa, Harcon Tract, Swain's Island, and Guam).

Note: If the individual was born in a former U.S. territory while it was a territory, a clarification through the Region or Circuit Program Office is required.

2. be a naturalized citizen. An individual is a naturalized citizen when U.S. citizenship is gained after his birth either through individual naturalization, or derived from a naturalized parent.

Chapter: 1400 Technical Requirements Program: MFAM 2

3. be adopted by, a U.S. citizen.

A child acquires citizenship through adoption, if they meet all of the following conditions:

a. the child was adopted while under the age of 16, has been in legal custody of, and has resided with the adopting U.S. citizen parent(s) for at least two years; b. the child is under the age of 18, or was under the age of 18 on February 27, 2001; c. the child is/was residing in the United States in the legal and physical custody of the U.S. citizen parent(s); and d. the child has a qualified alien status.

The child must meet all the above criteria, all at the same time, on at least one day at some point between February 27, 2001 and the present. The child must not have been married at any time on or before the day they meet all of the criteria.

Note: Proof of U.S. citizenship will not be automatically issued to eligible children.

4. be born abroad to a U.S. citizen. Individuals born abroad to a U.S. citizen and who make a written declaration of citizenship to the U.S. Counsel are considered U.S. citizens.

A child born abroad to unmarried parents may acquire citizenship at birth if one of the parents is a U.S. citizen at the time of the child's birth, and legal paternity has been established. To acquire citizenship, a child born abroad to unwed parents need only establish the mother's U.S. citizenship and her residence in the U.S. or U.S. territory prior to the birth of the child.

Citizenship acquired at birth occurs when:

1. both parents are U.S. citizens and at least one parent resides in the U.S. or a U.S. territory before the birth of the child; or 2. one parent is a citizen and the other is a noncitizen at the time of the child's birth. (Individuals claiming citizenship under this provision must be referred to USCIS to obtain a formal determination of their citizenship.)

Children become U.S. citizens after birth when all the following conditions are met:

1. one parent is a U.S. citizen by birth or naturalization, 2. the child in under age 18, or was under 18 on February 27, 2001, 3. the child is/was residing in the U.S. in the legal and physical custody of the U.S. citizen parent(s), and 4. the child has a qualified noncitizen status. 1430.0103 Verification Sources for U.S. Citizens (MFAM) United States citizenship must be verified for all individuals who claim to be citizens, including those who are naturalized and those born abroad to U.S. citizens. If we have verification in our records, do not ask for it again, unless it appears fraudulent.

Exceptions: Presumptively eligible newborns (even after the first year), individuals who receive SSI, any part of Medicare, Social Security Disability based on their work history and children in the care of the Department are exempt from this requirement.

The following sections discuss what documents may be accepted as verification of U.S. citizenship and identity.

Chapter: 1400 Technical Requirements Program: MFAM 3

The following can be used to document U.S. citizenship and identity:

1. A U.S. passport (can be expired), 2. A Certificate of Naturalization (DHS form N-550 or N-570), 3. A Certificate of Citizenship (DHS form N-560 or N-561) or, 4. Data from the Driver’s And Vehicle Express (DAVE) system, 5. Data from the Federal Data Services Hub.

The following can only be used to verify citizenship (must show a U.S. place of birth):

1. BVS record (MNOV or DEBP) if born in Florida, 2. VIS-CPS (SAVE) for naturalized citizens (must have their A#), 3. Verification of eligibility under the Child Citizenship Act of 2000, including the U.S. citizenship of the parent, 4. A U.S. birth certificate (originally issued prior to age five) (except for voided Puerto Rican birth certificates after September 30, 2010), 5. A final adoption decree, or if the adoption is pending and no birth certificate can be issued, a statement from the state adoption agency (U.S. born children), 6. A Report of Birth Abroad of a U.S. citizen (forms FS-240, FS-545 or DS1350), 7. A U.S. Citizen I.D. card (DHS form I-197 or I-179), 8. A Northern Mariana ID card (I-873), 9. An American Indian card (I-872, with “KIC” code), 10. Proof of civil service employment before 6/1/76, or 11. Official military record of service (ex.DD-214).

If none of the above documents exist or can be located, the following documents can be used to verify U.S. citizenship if they show a U.S. place of birth and are dated five years prior to the Medicaid application (unless for a child under age five):

1. Extract of hospital birth record on hospital letterhead (not a souvenir birth certificate), 2. Life or health insurance record with a U.S. place of birth, 3. Early school record, or 4. Religious record (ex baptism) within three months of birth.

If none of the above documents exist or can be located, the following documents can be used to verify U.S. citizenship if they show a U.S. place of birth and are dated five years prior to the Medicaid application (unless for a child under age five):

1. Federal census records from 1900-1950 showing the age and place of birth (the five year rule does not apply), 2. Tribal census records, 3. An amended birth certificate, after age five, 4. A signed statement from the doctor or midwife who was present at the birth, 5. Nursing home institution records that contain biographical information, 6. Medical records with biographical information, 7. Listed on the roll of Alaskan natives, or 8. A written statement signed under penalty of perjury by at least two people who have personal knowledge of the event(s) – (One cannot be related.). They must also prove their own citizenship and identity. A separate statement by the applicant/recipient/representative, signed under penalty of perjury, must also be completed stating why the documentation could not be obtained.

Chapter: 1400 Technical Requirements Program: MFAM 4 1430.0103.01 Reasonable Opportunity Period (MFAM) Individuals declaring their United State citizenship shall be given a reasonable opportunity period of 90 days to submit proof of citizenship when their citizenship cannot be verified through the Federal Data Services Hub. During the reasonable opportunity period, Medicaid can be approved, provisionally, if the individual meets all other factors of eligibility. If the individual is unable to show proof of citizenship after the reasonable opportunity period, Medicaid is terminated after advance notice of adverse action is provided. 1430.0104 Noncitizens (MFAM) Noncitizens may qualify for Medicaid based on their status granted by U.S. Citizenship and Immigration Services (USCIS). The following sections discuss different types of noncitizens and their eligibility.

A North American Indian born outside the United States, who is residing in the U.S. is eligible for Medicaid benefits, based on the factor of noncitizen status, if they are subject to section 289 of the Immigration and Nationality Act or a member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.

Proof of this status includes:

1. I-551 with code S-13, 2. unexpired temporary I-551 stamp in a Canadian passport, 3. I-94 with code S-13, or 4. a letter or other tribal document certifying at least 50% American Indian blood, as required by Immigration and Nationality Act section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada.

Verification of membership in an Indian tribe includes a membership card or other tribal document demonstrating membership in a federally recognized Indian tribe.

If the individual has no document evidencing tribal membership, contact the tribal government for confirmation of the individual’s membership.

Note: These individuals are not subject to the five-year ban. 1430.0105 Qualified Noncitizens (MFAM) Qualified noncitizens are defined as noncitizens who meet at least one of the following sections of the Immigration and Nationality Act (INA):

1. Lawful Permanent Residents; 2. Granted Asylum under section 208; 3. Refugee admitted under section 207; 4. Parolee under section 212(d)(5) admitted for at least 1 year; 5. Deportation withheld under section 243(h) or 241(b)(3); 6. Granted Conditional Entry pursuant to section 203(a)(7); 7. Cuban and Haitian Entrants; 8. Battered Spouse or Abused Child or the parent or child of a Battered person; and 9. Victims of Human Trafficking 1430.0106 Lawful Permanent Resident (MFAM) A lawful permanent resident (LPR) is a noncitizen who lawfully immigrates to the U.S. and has permission to live and work in the U.S. LPRs may be eligible for Medicaid based on citizenship if they entered the U.S.:

1. prior to 8/22/96 and have remained continuously present,

Chapter: 1400 Technical Requirements Program: MFAM 5 2. on or after 8/22/96 under a prior asylee, refugee, Amerasian, deportation withheld, or Cuban/Haitian Entrant status, or 3. on or after 8/22/96 and have lived in the U.S. as a qualified noncitizen for at least five years.

Proof of this status includes:

1. resident alien card, (I-551) (commonly referred to as a "green card"). 2. re-entry permit (I-327), or 3. foreign passport with a stamp stating "temporary evidence of lawful permanent resident status".

Note: LPRs who entered after 8/22/96 are subject to the five-year ban, except lawfully residing children up to age 19.

LPRs who are in the five-year ban may be eligible for Emergency Medicaid for Aliens, (EMA). 1430.0106.01 Noncitizens Serving in the United Stated Armed Forces (MFAM) Noncitizens serving in the United States Armed Forces (Army, Air Force, Navy, Marines, or Coast Guard) on active duty for purposes other than training, noncitizen veterans honorably discharged from the United States Armed Forces for reasons other than noncitizen status, who have met the minimum active duty service requirements of Section 5303A(d) of Title 38, United States Code (24 months or the period for which the person was called to active duty), and their spouses and unmarried dependent children, are eligible to receive Medicaid on the factor of noncitizen status.

Verification of active duty military status includes:

1. a current Military Identification Card (DD Form 2) that lists an expiration date of more than one year from the date of determination. If the expiration date is less than one year, the individual will need to present a copy of current military orders, 2. verification through the nearest Real Time Automated Personnel Identification System (RAPIDS), or 3. contact with DEERS Support Office Attention: Research and Analysis 400 Gigling Road Seaside, California 93955-6771 Fax (408) 655-8317.

Proof of honorable discharge:

The discharge certificate (DD Form 214) or its equivalent indicates the type of discharge. If the individual is not in possession of their discharge certificate, the specialist should refer the individual to the local Veteran Administration Regional Office for a determination of the individual's veteran status.

Note: If the individual's discharge certificate indicates an original enlistment date in the Armed Forces prior to September 7, 1980, there is no minimum active duty service requirement.

An unmarried dependent child is defined as:

1. the biological or legally adopted dependent child of an honorably discharged veteran or an active duty member of the U.S. Armed Forces, 2. not married, and 3. under the age of 18 or under the age of 22 if a full-time student.

Chapter: 1400 Technical Requirements Program: MFAM 6 An un-remarried noncitizen surviving spouse may also be eligible when the:

1. veteran spouse was a Filipino described in Section 107 of Title 38, U.S. Code. (individuals who served in the Philippine Commonwealth Army during World War II or as a Philippine Scout following the war); or 2. spouse died while on active duty, provided the surviving spouse has not remarried and the marriage fulfills the requirements of Section 1304 of Title 38, U.S. Code.

Section 1304 defines marriage as having met one of the following conditions:

1. The surviving spouse was married to the veteran or active duty military personnel within 15 years after discharge in which the injury or disease leading to the death of the veteran or active duty personnel was incurred or aggravated (not a factor if the individual died while on active duty) and was married for a period of at least one year. or 2. A child was born during the relationship between the individual and the veteran or active duty military personnel either during or before the marriage.

Note: These individuals are not subject to the five-year ban. 1430.0106.02 Amerasians (MFAM) Amerasians born in Vietnam fathered by a U.S. citizen and admitted to the U.S. as immigrants under Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988 are eligible for Medicaid, on the factor of citizenship.

Proof of this status includes unexpired temporary USCIS Form I-551 with code AM6, AM7, or AM8, or USCIS Form I-94 with codes AM1, AM2, or AM3.

Note: These individuals are not subject to the five-year ban. 1430.0107 Asylees (MFAM) Noncitizens granted asylum under Section 208 have received permission to remain in the U.S. based on a “well-founded fear of persecution” should the individual return to the individual’s native land may be considered for asylum. A prospective asylee applies for asylum after entering the U.S., a U.S. territory or a U.S. embassy.

Proof of this status includes:

1. USCIS Form I-94 showing grant of asylum under Section 208, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(5), 3. USCIS Form I-766 (Employment Authorization Card) annotated A5, 4. grant of asylum letter from the Asylum Office of the USCIS indicating this status is granted, 5. order of an immigration judge granting asylum, or 6. other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban. 1430.0108 Refugees (MFAM) Refugees are defined as those noncitizens given permission to enter the U.S. under Section 207 of the Immigration and Nationality Act (INA). These noncitizens have applied to be admitted to the U.S. based upon a well-founded fear of persecution in their homeland. Persecution must be due to race, religion, nationality, social or political ties and cannot be economic in nature.

Proof of this status includes:

Chapter: 1400 Technical Requirements Program: MFAM 7 1. USCIS Form I-94 or I-551 bearing Section 207, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(3), 3. USCIS Form I-766 annotated A3, 4. USCIS Form I-571 (Refugee Travel Document), or 5. other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban. 1430.0109 Victims of Human Trafficking (MFAM) Victims of severe forms of human trafficking are eligible for benefits to the same extent as a noncitizen who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act. The only exception is the human trafficking victim will not provide USCIS documents. Adult victims will provide a certification letter from the Department of HHS. Children under 18 years old are not required to be certified and will instead be provided an eligibility letter. The agency will accept the certification letter for adults or the eligibility letter for children in place of USCIS documentation.

Before approving these individuals for benefits, the validity of the certification or eligibility letter must be confirmed by calling the HHS’ Office of Refugee Resettlement (ORR) at (866) 401-5510. The call will advise ORR of the benefits for which the individual has applied and ORR will verify whether or not the individual is a trafficking victim.

Certain family members of victims of human trafficking are now potentially eligible for Medicaid. This includes the spouse and children of a trafficking victim 21 years of age or older. If the severe trafficking victim is under 21 years of age, parents, spouses, children, and unmarried siblings under 18 on the date of the “T” visa’s application are eligible, if they meet all other program criteria. These family members will have a nonimmigrant “T” Visa, with no additional USCIS documentation.

Note: These individuals are not subject to the five-year ban.

Note: Do not use the Verification Information System - Customer Processing System (VIS-CPS) for these individuals, as VIS-CPS does not contain information about them.

Potential Child Trafficking Victims: Potential child trafficking victims are eligible for federally funded benefits and services for up to 90 days pending a final trafficking eligibility decision. An “Interim Assistance Letter” issued to potential child victims by the Department of HHS, Office of Refugee Services (ORR) will certify this status. These children are eligible for benefits beginning with the eligibility began date on the interim assistance letter. ORR will issue a final trafficking determination on the child within this interim period. If denied a final trafficking status, terminate benefits at the end of the month in which the 90th day falls. 1430.0110 Parolees (MFAM) Parolees under Section 212(d)5 for at least one year; Noncitizens granted temporary parole status for a total period of at least one year by the Attorney General under Section 212(d)(5) of the Immigration and Nationality Act (INA) are eligible for on the factor of noncitizen status. Verification for this status includes:

1. USCIS Form I-94 indicating that the individual has been paroled under this section of the INA, or 2. USCIS Form I-688 with codes 274a.12(a)(4), 274a.12 (c)(11), or 3. USCIS Form I-766 with codes A4 or C11, or 4. other conclusive documentation of this status.

Chapter: 1400 Technical Requirements Program: MFAM 8 Note: If the USCIS document does not reflect at least a one-year period, the eligibility specialist must institute secondary verification.

Note: These individuals are subject to the five-year ban if the entry date is after 8/22/96 except lawfully residing children up to age 19. 1430.0111 Deportation Withheld (MFAM) A noncitizen whose deportation has been withheld pursuant to Section 243(h) or 241(b)3 of the Immigration and Nationality Act (INA) may be eligible for Medicaid on the factor of noncitizen status.

Verification of this status includes:

1. an order from an immigration judge showing that deportation has been withheld under Section 243(h) of the INA as in effect prior to April 1, 1977, or removal withheld under 241(b)(3). 2. USCIS Form I-766 (Employment Authorization Card) annotated A-10. 3. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12.(a)(10).

The court will include the date deportation was withheld. If the applicant does not present a court order, do secondary verification.

Note: These individuals are not subject to the five-year ban. 1430.0112 Cuban/Haitian Entrants (MFAM) Cuban/Haitian Entrants as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 any national of Cuba or Haiti who:

1. was granted parole status as a Cuban/Haitian Entrant (status pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; or

2. any other national of Cuba or Haiti who:

a. was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act (INA); b. is the subject of exclusion or deportation proceedings under the INA; c. has an application for asylum pending with the USCIS, and with respect to whom a final, non-appealable, and legally enforceable order of deportation or exclusion has not been entered; or d. has special immigrant juvenile status.

Verification for this status includes:

1. USCIS Form I-94, stamped paroled as "Cuban/Haitian Entrant, Status Pending" 2. I-55I with code CU6 or CH6, 3. unexpired temporary I-55I stamp in foreign passport 4. USCIS Form I-94 with code CU6 or CH6, or 5. other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban.

Chapter: 1400 Technical Requirements Program: MFAM 9 1430.0113 Battered (MFAM) A battered spouse or child, or parent or child of a battered person with a petition pending under Section 204(a)(1)(A) or (B) or 244(a)(3), as determined by USCIS are defined as noncitizens who are, or have been battered or subjected to extreme cruelty in the United States by a family member with whom they reside. This includes a noncitizen whose child or a noncitizen child whose parent has been abused. The phrase battered or subjected to extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence.

Noncitizens who claim to be battered must satisfy all of the following requirements:

1. Show that noncitizen has an approved or pending petition which makes a prima facie case for immigrant status in one of the following categories:

a. a Form I-130 filed by their spouse or the child's parent; b. a Form I-130 petition as a widow(er) of a U.S. citizen; c. an approved self-petition under the Violence Against Women Act (including those filed by a parent; or d. an application for cancellation of removal or suspension of deportation filed as a victim of domestic violence.

2. The noncitizen, the noncitizen's child or the noncitizen child's parent has been abused in the U.S. under the following circumstances:

a. The noncitizen has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse's or parent's family residing in the same household if the spouse or parent consent to the battery or cruelty. b. The noncitizen's child has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse's family residing in the same house if the spouse or parent consents to the battery or cruelty, and the noncitizen did not actively participate in the battery or cruelty. c. The parent of a noncitizen child has been battered or subjected to extreme cruelty in the U.S. by the parent's spouse, or by a member of the spouse's family residing in the household as the parent, if the spouse consents to or allows such battery or cruelty.

1. The battered noncitizen, child, or parent no longer lives in the same household as the abuser(s).

2. There is a substantial connection between the battery or extreme cruelty and the need for public assistance.

Proof of the battered status includes:

1. individual’s statement for proof of no longer living with the abuser and direct connection between battery and need for public assistance, 2. approved petitions or orders granted by USCIS, 3. restraining order or criminal conviction against the abuser, 4. charges brought about that lead to the conviction of the abuser, or 5. credible evidence of the abuse which includes but is not limited to, reports or affidavits from law enforcement, judges or other court officials, medical personnel, school officials, social workers, mental health providers, other social service agency personnel, legal documents, residence in a battered spouse shelter or similar refuge, photographs of the injuries, or sworn affidavits from friends, family members, or other third parties with personal knowledge of the battery or cruelty.

Chapter: 1400 Technical Requirements Program: MFAM 10 There cannot be any delay in the authorization of an application or request for additional assistance while awaiting verification to establish battery or extreme cruelty. If it is later discovered that the noncitizen does not meet these criteria, a Benefit Recovery referral must be made.

Note: These individuals are subject to the five-year ban if entry is after 8/22/96 except lawfully residing children up to age 19.

Note: The eligibility determination does not need to include if the battered noncitizen meets the three criteria listed above for noncitizens who meet one of the other qualified noncitizen statuses unless it is to the noncitizen's advantage such as sponsored noncitizens. 1430.0114 Verification Requirements for Noncitizens (MFAM) The eligibility determination must include verification of the immigration status of all non citizens applying for or receiving Medicaid through the U.S. Citizenship and Immigration Services (USCIS) if the information was not verified through the HUB. The Verification Information System- Customer Processing System (VIS-CPS) is used to verify the immigration status.

If a noncitizen does not want the agency to contact USCIS to verify immigration status, the household has the option of withdrawing the application or excluding that individual from the assistance group. If the individual is excluded as technically ineligible, we will not attempt to obtain any documentation of status for that individual. If a noncitizen is unable to provide any documentation to verify immigration status the eligibility specialist is not responsible for contacting USCIS on the noncitizen's behalf unless the individual requests assistance in obtaining documentation or verification of immigration status.

An expired noncitizen registration card does not necessarily mean that the noncitizen lost their immigration status. If VIS-CPS does not indicate the noncitizen has an acceptable status, the noncitizen should be referred to USCIS to obtain current USCIS documentation. If obtaining USCIS documentation would place an undue hardship on the noncitizen, or the noncitizen is hospitalized or suffers from a medical disability, the eligibility specialist must have the noncitizen declare their noncitizen status and continue to process the application. The USCIS documentation provided will be manually verified with USCIS.

Examples of undue hardship include, but are not limited to, living a distance from the USCIS office, lack of transportation, or a several months waiting period for an appointment with USCIS.

If a noncitizen does not have any documentation of immigration status, but can provide the "noncitizen registration number", the eligibility specialist will verify the number using the VIS-CPS system. If the number is verified, and VIS-CPS indicates the individual has an immigration status, this is acceptable documentation of the noncitizen's immigration status for all programs. However, the individual's identity must be verified to ensure the noncitizen registration number belongs to the individual.

Note: If a noncitizen provides any form of USCIS documentation, regardless of the expiration date, showing an eligible Immigration Act section, the eligibility specialist must accept the documentation and verify the individual's status through the VIS-CPS system. When the VIS- CPS system requests secondary verification, benefits may not be withheld pending response from the secondary verification, providing all other technical eligibility factors are met.

If the secondary verification shows that the noncitizen no longer has an eligible immigration status, a Benefit Recovery referral will be initiated for the total amount of assistance received during the interim investigation period.

Chapter: 1400 Technical Requirements Program: MFAM 11 1430.0115 VIS-CPS (MFAM) VIS-CPS must be completed for noncitizens: 1. at application or reapplication, 2. when adding a noncitizen individual, 3. at every review for individuals who do not have a permanent resident status, and 4. any time there is a change to alien status.

A noncitizen who has what appears to be a “good” USCIS document, when VIS-CPS indicates contradictory information, will be considered potentially eligible until secondary verification is returned confirming the status. Do not hold, deny or terminate benefits waiting for the secondary verification. 1430.0116 Lawfully Residing Noncitizen Children up to age 19 (MFAM) Lawfully residing children, up to age 19, are potentially Medicaid eligible, regardless of their date of entry as long as they are in an immigration status considered “lawfully residing”. All technical and financial eligibility requirements must be met, including residency, prior to providing Medicaid (including Medically Needy) coverage.

A child, up to age 19, is considered lawfully residing if the verified immigration status is a: 1. Qualified Noncitizen a. Lawful Permanent Resident (LPR) b. Asylee c. Refugee d. Parolee (more than 1 year) e. Deportation Withheld f. Cuban and Haitian Entrants g. Battered or Abused Child or Child of a Battered Person h. Victim of Human Trafficking 2. Noncitizens with a valid Nonimmigrant Status (visa holders) 3. Paroled for less than 1 year 4. Other: a. Temporary Resident b. Temporary Protected Status (TPS) c. Employment Authorization d. Family Unity Beneficiaries e. Deferred Enforced Departure (DED) f. Deferred Action Status (not including Deferred Action for Childhood Arrivals (DACA)) g. Administrative Stay of Removal h. Approved Visa Petition with a Pending Application for Adjustment of Status 5. Pending Application for Asylum, Withholding of Removal or Convention Against Torture who has also been Granted Employment Authorization or is under age 14 and their application has been pending for at least 180 days 6. Withholding of Removal under the Convention Against Torture 7. Pending Application for Special Immigrant Juvenile Status 1430.0117 Assistance for Ineligible Noncitizens (MFAM) Any noncitizen who does not have an eligible qualified noncitizen status is not eligible for Medicaid on the factor of citizenship. These noncitizens may be eligible for Medicaid through Emergency Medical Assistance for Aliens (EMA), if they meet all other eligibility criteria.

Note: Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements are met.

Chapter: 1400 Technical Requirements Program: MFAM 12 1430.0118 Noncitizens not Eligible for Assistance (MFAM) The following individuals are not eligible for Medicaid on the factor of citizenship status:

1. foreign government representatives on official business and their families and servants, 2. visitors for business or pleasure, including exchange visitors, 3. crewmen on shore leave, 4. noncitizens in travel status while traveling directly through the U.S., 5. treaty traders and investors and their families, 6. foreign students, 7. international organization representatives and individuals and their families and servants, 8. temporary workers including agricultural contract workers, or 9. members of foreign press, radio, film, or other information media and their families.

Verification of these statuses is usually the I-94, Arrival-Departure Record, annotated with the letters "A" through "V" except “T” (A-2, B-1, etc.).

Note: Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements are met. 1430.0119 Compact of Free Association (COFA) migrants (MFAM) The Compact of Free Association (COFA) are agreements between the United States and three independent states: the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. COFA migrants are considered qualified non-citizens for the purposes of Medicaid eligibility. Verification of this status includes: 1. I-94 or I-766 with the following Class of Admission (COA) Codes:

a. CFA/RMI – Citizen of Republic of the Marshall Islands (RMI) due to the

Compact of Free Association

b. CFA/FSM – Citizen of the Federated States of Micronesia (FSM)

c. CFA/PAL – Citizen of the Republic of Palau 2. I-766 Employment Authorization Document (EAD) with the following Category Code:

a. A-08 Citizen of the Marshall Islands, Micronesia or Palau admitted as a

nonimmigrant 3. An unexpired passport with annotations “CFA/RMI,” “CFA/FSM” or “CFA/PAL.”

Note: These individuals are not subject to the five-year ban. 1430.0200 SOCIAL SECURITY NUMBER (MFAM) The eligibility determination must include obtaining a Social Security number (SSN) for each individual or verify that the individual has applied for an SSN as a condition of eligibility. This requirement does not apply for the Emergency Medical Assistance for Noncitizens Program. The purpose of the SSN is to identify income and assets held by an individual.

A verbal statement providing the SSN is sufficient as the SSN is validated through data exchange. If the SSN is unknown or has never been obtained, the individual must:

1. Apply for an SSN through the welfare enumeration system at the local DCF office. (Original evidence of age, identification and citizenship or noncitizen status must be sent by the eligibility specialist to the local Social Security Administration (SSA) office with the

Chapter: 1400 Technical Requirements Program: MFAM 13 completed SS-5. Refer to the FLORIDA Desk Guide for procedures for routing the SS- 5.); or 2. Apply for an SSN through the local SSA office (The SSA filing receipt for application must be presented to the eligibility specialist as evidence that the individual has applied.); or 3. Apply for an SSN through the Florida enumeration at birth process.

Evidence that the individual has applied includes:

1. an SSA 2853 indicating that an SSN was requested at the hospital, 2. the child's birth certificate with "yes" annotated in Section 11d, or 3. a screen print from BVS with a "y" indicator in the child issue field.

There may be circumstances under which an individual is unable to obtain an SSN. Under the following conditions an applicant’s statement is acceptable that they are unable to obtain a SSN:

1. Social Security Administration (SSA) denies the application for an SSN, because the individual is not eligible to receive an SSN, or their application is declined by SSA. 2. The customer does not have an SSN and can only receive an SSN for a valid nonwork reason. 3. The customer refuses to obtain an SSN due to a well-established religious objection.

The term well established religious objections means that the applicant- a. Is a member of a recognized religious sect or division of the sect; and b. Adheres to the tenets or teachings of the sect or division of the sect and for that reason is conscientiously opposed to applying for or using a national identification number.

There must be a request that SFU members whose income are included in the budget, but who are not members of the assistance group, provide their SSN for purposes of data exchange. These individuals are not required to comply with this request. 1430.0204 When SSN is not Provided/Refusal to Apply (MFAM) If an individual fails to provide or apply for an SSN on his own behalf or on the behalf of the individual's child(ren), that individual or child, whichever is applicable, is technically ineligible and is denied.

If a child resides in a facility or with a nonrelative and the child's parent, caretaker relative, or designated official of the facility fails to apply for an SSN for that child, the child is ineligible. 1430.0205 Suspected and Confirmed Multiple SSNs (MFAM) Suspected multiple SSNs exist when the eligibility specialist has reason to believe that an individual has more than one SSN. Confirmed multiple SSNs exist when an individual presents different Social Security cards with the same or similar names and different numbers.

One of the following actions must be taken if either of these situations arises:

1. the individual must be asked to clarify the problem with the SSA office, or 2. the eligibility specialist must copy the SS cards, complete an SS-5 for each SSN and send the forms to the SSA office. 1430.0206 SSN Application Follow-Up (MFAM) There must be a request for an SSN at each future contact, once the application for an SSN has been made.

Chapter: 1400 Technical Requirements Program: MFAM 14 After 90 days, if an individual who has applied for an SSN has not received an SSN, there must be a determination to evaluate if another SS-5 should be submitted.

Department staff must contact the individual the second month after the month of application for an SSN and each month thereafter until the number is received.

If an individual has not received an SSN by the next complete eligibility review, the staff must resubmit an SS-5, but no sooner than three months from the previous SSN application. 1430.0207 SSNs Not Validated Through Data Exchange (MFAM) If validation does not occur through data exchange, the eligibility specialist must obtain verification of the individual's SSN to ensure the correct number is being submitted for verification. The following documentation is acceptable:

1. SS card; 2. Correspondence from SSA containing the individual's name and account number (if the number has an A, J, M or T suffix, this is the SSN); 3. A Social Security check issued on the individual's own account number; 4. A Medicare card issued on the individual's own account number (if there is an A, J, M or T suffix, this is the SSN); or 5. An SSA certificate of award, which will contain a claim number (if there is an A, J, M or T suffix, this is the SSN).

Department staff must establish that coverage is provided under the individual's own account number and not as a beneficiary under another's account number. 1430.0300 RESIDENCY (MFAM) In order to receive Medicaid, all individuals must be eligible on the factor of residency. Homeless individuals and residents of public or private nonprofit shelters for the homeless are considered residents. An otherwise eligible individual must not be required to reside in a permanent dwelling or have a fixed mailing address. Residency exists when the intent of the individual is to remain in the state. Residency is not dependent upon the duration of the stay. Residency does not exist when the stay is for a temporary purpose such as a vacation and there is intent to return to a residence in another state.

When a child is in the child's usual family setting, the residency of the child is considered in the context of the family situation. If the child leaves the family setting to reside elsewhere, residence is determined based on the extent and nature of the child's own stay.

A child is considered a resident when the parent or caretaker relative is a migrant agricultural worker who maintains Florida as a home for the children and intends to return to Florida.

Children born in the U.S. of undocumented or ineligible noncitizen parents residing in the state may meet the residency requirement if they intend to remain even if parents may not legally remain due to USCIS status.

An individual must satisfy one of the following residence requirements:

1. must reside in the State of Florida with the intent to remain, (individuals statement as to their intent to remain is acceptable) or 2. must be living in the State of Florida for employment purposes without intent to remain and meets the following conditions: a. the individual or caretaker relative is not receiving assistance from another state, and

Chapter: 1400 Technical Requirements Program: MFAM 15 b. the individual or caretaker relative came to Florida with a job commitment or is actively seeking employment during the stay in the state.

Verification of residency for employment purposes must be verified and includes:

1. letter from employment agency, 2. letter of employment offer, 3. home visits, 4. collateral contacts, 5. rent/mortgage or utility receipts, 6. other forms of ID, 7. driver's license records, and 8. institutionalized in Title XIX facilities.

Some individuals in the U.S. with a valid temporary Visa and their U.S. born children may meet the Florida residency requirement if they verify their residency and state an intent to remain. Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements, including residency, are met. Examples of verification of residency include:

1. employment or school records, 2. bank statements, 3. lease agreements, 4. utility bills, 5. Florida driver’s license or state ID card, and 6. other reliable information. 1430.0310 Temporary Absence from the State (MFAM) An individual may be temporarily absent from the state if the person intends to return when the purpose of the absence has been accomplished, unless another state has determined the individual is a resident there for purposes of Medicaid.

1430.0400 IDENTITY (MFAM) The identity of each U.S. citizen applying for, or receiving Medicaid must be documented.

Exceptions: Presumptively eligible newborns (even after the first year), individuals who receive SSI, Medicare (any part), Social Security Disability based on their work history and children in the care of the Department are exempt from this requirement.

The following documents are acceptable as proof of identity:

1. State driver’s license with photo or other identifying information; 2. State ID card with photo or other identifying information; 3. School ID card with photo (for children under 16, includes nursery, daycare records, or school records, including school conference records and no photo is required); 4. Clinic, doctor, or hospital record for children under 16 (except for voided Puerto Rican birth certificates after September 30, 2010); 5. U.S. military card or draft record; 6. A military dependent’s ID card; 7. Federal, state, or local government ID card with photo; 8. A certificate of Indian blood; 9. Native American tribal document;

Chapter: 1400 Technical Requirements Program: MFAM 16 10. Three or more of the following documents unless a fourth tier verification of citizenship was used: a. Marriage license, b. Divorce decree, c. High school diploma, d. Employer ID card, or e. Any other document from a similar source. 11. Food Stamp, CSE, Department of Corrections, child protection and DJJ data records, 12. U.S. Coast Guard merchant mariner card; or 13. Attestation (a written, signed statement under penalty of perjury) for children under age 16, or a disabled adult living in a residential facility, stating the date and place of birth. (cannot be used if statement was used for citizenship verification.)

Do not accept a Social Security card, birth certificate, voter’s registration card or Canadian driver’s license for identity verification.

An automated, real-time, process to verify the identity of the primary information person will be conducted through identity proofing. Before submitting an online application, the applicant will be prompted to answer a series of questions about himself or herself. The information provided will be matched against a data collection/storage system. If enough questions are answered correctly, the system will return a response confirming the individual’s identity. 1430.0500 AGE (MFAM) Children in the assistance group must meet requirements for the factor of age in order for the assistance group to be eligible. A child must be under age 21 to be eligible for assistance. 1430.0504 Definition of a Child (MFAM) An individual is considered a child if under the age of 21, and unmarried, and not legally emancipated. A child is unmarried when the child has never been married or was married and the marriage was annulled.

Children ages 19 to 21 may be eligible for Medicaid based on the same MAGI federal poverty level of a parent or caretaker relative.

A child is eligible to receive assistance on the factor of age through the month of the child's appropriate birthday unless born on the first day of the month. Eligibility then ceases effective the birth month.

An individual who is enrolled in or received Medicaid when they aged-out of the Florida Foster Care Program are eligible for protected Medicaid until they turn 26. 1430.0505 Verification of Age (MFAM) The parent or caretaker relative's statement of the child's birth date and marital status is sufficient to verify age. If information is questionable, documentation must be obtained.

Sources of acceptable documentation when verification is needed include:

1. the birth certificate, 2. hospital certificate, 3. medical records, 4. BVS, 5. DH form 432,”Consenting Affidavit Acknowledging Paternity", 6. physician's statement, or 7. census records.

Chapter: 1400 Technical Requirements Program: MFAM 17 1430.0700 PARENTS (MFAM) 1430.0701 Who is Considered a Parent (MFAM) A "parent" is defined as a natural, biological, adopted or step parent. 1430.0702 Definition of Biological Father (MFAM) An individual is the biological father when he or the child's mother alleges that he is the biological father, and the Department has made a non-judicial determination of paternity.

When the child has a legal father and the mother alleges that someone else is the biological father, the alleged biological father cannot be considered the child's parent until paternity of the alleged biological father is legally established. 1430.0703 Definition of a Legal Father (MFAM) An individual is considered the legal father if:

1. married to the mother at the time of the child's conception or birth, 2. he is the natural, biological father who marries the mother after the child's birth and there was no legal father at the time of the marriage, 3. paternity has been legally established, 4. procedures to amend the child's surname on the birth certificate have been conducted, or 5. the individual is the adoptive father.

This legal relationship supersedes any subsequent allegation of paternity for a natural biological father. 1430.0704 When an Individual Becomes a Parent (MFAM) An individual becomes a parent under the following circumstances:

1. Ceremonial marriage, 2. Common-law marriage, 3. Being a biological parent, 4. Establishing paternity, and 5. Adoption. 1430.0705 Ceremonial Marriage (MFAM) A ceremonial marriage is a wedding ceremony in which a marriage license is obtained. The ceremony must be performed by a religious official, judge, notary, or other individual authorized by law to perform weddings.

Individuals become parents if they marry under either of the following circumstances:

1. In cases in which prior individual marriages exist, a subsequent marriage is still considered binding until determined otherwise by a court of competent jurisdiction. If the legality of a marriage is questioned, the case should be cleared with the Circuit Legal Counsel. 2. If the mother of a child born out of wedlock and the alleged father marry each other at any time after the child's birth, they become the child's parents. A couple considered to be legally married under the laws of another state or country are considered to be legally married for purposes of determining a child's eligibility for Medicaid in Florida. 1430.0706 Biological Parents (MFAM) Biological parents, the birth mother and the natural biological father are considered parents of the child, except as noted in passage 1430.0705.

Chapter: 1400 Technical Requirements Program: MFAM 18 1430.0707 Common-Law Marriage (MFAM) Children born to a father and mother who had a "common-law" marriage which occurred in Florida prior to January 1, 1968, are considered legitimate. After January 1, 1968, Florida law does not provide for legalization of a new common-law relationship, unless it occurred in another state or foreign country under that state's or country's laws. Information given by the parent or relative concerning the dates and circumstances of the "common-law" marriage should be obtained. Mothers and fathers married through these "common-law" marriages are considered parents. 1430.0708 Establishment of Paternity (MFAM) An individual is considered a parent when paternity is established by one of the following methods:

1. Civil court action through a paternity suit followed by the issuance of a court order declaring the natural father to be the legal father; 2. Written acknowledgment of fatherhood by the natural father in the presence of a juvenile court judge; 3. Establishment of paternity in another state; 4. The father's voluntary placement of his surname on the child's Florida birth certificate when both parents request in writing that his name be shown; or 5. A signed, notarized statement by the father stating that he is the child's father under the penalty of perjury and fraud prosecution (such as Form 432, "Consenting Affidavit Acknowledging Paternity").

An Application for an Amended Certificate of Birth by Acknowledgment of Paternity must be signed by both parents in the presence of a notary and must be issued by the DH Office of Vital Records. Information given by the parent or relative concerning the date and circumstances under which the parents took this action is sufficient to establish that paternity has been declared for the child. 1430.0709 Adoption (MFAM) Legal adoption supersedes other parental relationships (biological and marital ties). When a parent dies and the child is adopted by the stepparent, the child's relationship to the deceased parent's relatives remains intact. 1430.0710 Joint Custody (MFAM) If parents are awarded joint custody of the child and visitation provides for partial residence with each parent, the eligibility specialist must establish one parent as the primary caretaker of the child. Often, a court order or binding separation, divorce or custody agreement will establish physical custody controls as well as which parent may claim the child as a tax dependent. In cases where the child spends equal time with both parents and custody becomes an issue, the child must be included in the household of the parent who claims the child as a tax dependent.

If there is no such order or agreement, the custodial parent is the parent with whom the child spends most nights. 1430.0800 LIVING IN THE HOME (MFAM) There is no requirement for a child to live with an adult caretaker for the child to qualify for Medicaid.

As a condition of eligibility for a parent or other caretaker relative to derive Medicaid for themselves, a child must be living in the home of the parent or other caretaker relative.

Chapter: 1400 Technical Requirements Program: MFAM 19 1430.0802 Definition of Parent/Caretaker Relative (MFAM) The individual with whom the child resides must be related to the child as specified in the following groups:

1. the mother; 2. father (legal or biological);

Note: When there is both a legal and biological father, the biological (natural) father is considered a caretaker relative rather than a parent.

3. blood relatives, including those of half-blood, within the relationship of siblings, first cousins, nephews, nieces, aunts, uncles and individuals of preceding generations as denoted by prefixes of grand, great, great-great, or great-great-great. This group includes relatives within the fifth degree of kinship to the dependent child; therefore, this includes first cousins once removed (children of first cousins), but not second cousins; 4. stepfather, stepmother, stepbrother, and stepsister (The parent of the stepparent does not meet this degree of relationship.); 5. an individual who legally adopts a child or the child's parent, as well as the natural and other legally adopted children and other relatives of the adoptive parents; and 6. legal spouses of any individuals named in the above groups even though the marriage terminated by death or divorce.

Note: A child's adoption severs his legal ties to his biological parents; however, it does not terminate his blood relationship to his family. Even after adoption, the biological parents and relatives continue to meet the specified degree of relationship. However, the parents of the child are considered relatives, not parents. 1430.0803 Verifying Parenthood/Caretaker Relationship (MFAM) The mother, legal father, maternal relatives and relatives of the legal father must provide sufficient information to explain their exact relationship to the child. The verbal statement of the individual is sufficient unless questioned. For a natural biological father, or his relatives, make a non-judicial determination of paternal relationship and record this information. Any two of the following sources may be used to substantiate this relationship:

1. Birth certificate(s) containing the name(s) of the alleged parent(s) through which the relationship exists. If the natural, biological father requests or receives assistance, the birth certificate of the child is sufficient. If a relative of the natural (biological) father requests or receives assistance, the relative must also produce a birth certificate showing his relationship to the father. 2. Written or oral statements verifying paternal relationship from individuals who have personal knowledge of the blood relationship. These statements may be from a natural or legal parent, friend or relative. Record the name, address, and telephone number (if available) of the individual giving the statement, and an explanation of their knowledge of the blood relationship. 3. Other verification or documentation that verifies the alleged relationship. 1430.0804 Sources of Verification (MFAM) The following sources of verification may be used when the information is insufficient to explain the relationship or if a non-judicial determination of paternal relationship is necessary:

1. Birth certificates of the child, relative, and intermediary relatives; 2. Marriage licenses, divorce records or other court records which specify the relationship; 3. Adoption papers;

Chapter: 1400 Technical Requirements Program: MFAM 20 4. Hospital birth records or written statements of physicians or midwives who attended the births and remember the names of the people involved; 5. Religious records; 6. Written or oral statements of individuals in a position to know about the relationship; 7. Census bureau records listing the children belonging to a particular family; 8. Family bible or other family records which are written in ink and have not been altered (includes wills and deeds to property naming individuals and specifying relationships); 9. Social agency records including those of DCF which are at least one year old and which consistently specify the degree of relationship (TCA and Medicaid case records are included under this provision); 10. Juvenile court, other court, and hospital records; 11. Insurance policies at least one year old in which relationship of the child to the individual is specified; 12. Copies of income tax returns listing the child's relationship; 13. School records which specify relationship; 14. An award letter or other acceptable evidence from SSA that RSDI payments have been awarded to a child based on his parent's account; 15. Trust documents or related documents; 16. Military or veteran's records; 17. USCIS, Indian Agency, or other government or agency records; or 18. Newspaper records and local histories.

1430.0805 Definition of Living in the Home (MFAM) The child must live on a continual basis in the home of the parent or specified relative. In cases where both parents are awarded joint custody, living in the home may exist if the conditions as outlined in 1430.0710 are met. A home need not be a fixed dwelling. The home is considered the family setting shared by the parent/relative. This "home" may include a group facility such as a drug treatment center, spouse abuse center or maternity home. The parent/relative must assume and continue to take day-to-day care and responsibility for the child in this family setting. The type of facility, length of stay, setting for the child in the facility and responsibility for the child's supervision and care must be carefully evaluated. Individuals are not considered to be in a family setting or to be "living in the home" and are ineligible for assistance if they are in a licensed maternity home where their care is being paid for by the state. Note: For Medicaid eligibility policy for residents of Public Institutions or Institutions for Mental Diseases (IMDs), please refer to passage 1430.1103. 1430.0806 Verification/Documentation (MFAM) The parent or relative's explanation of his home setting, degree of responsibility and supervision of the child and statement that the child lives in the home are usually sufficient to establish eligibility on this factor. When the information is questioned, or when the parent/relative resides in a group facility, documentation/verification must be obtained. Sources for this include:

1. Home visit, 2. School records, or 3. Collateral contacts with landlords, neighbors, or others in a position to know the child's living arrangements, including the administrator of the group facility.

Chapter: 1400 Technical Requirements Program: MFAM 21 1430.0807 Temporary Absence from the Home (MFAM) Temporary absences from the home by the child, parent, or relative of 30 days or less duration do not affect the parent’s or other caretaker relative’s ability to continue to derive eligibility. Absences of more than thirty days do not affect eligibility when:

1. the parent or relative continues to exercise care and control of the child during the absence;

Note: Care and control are considered to exist when the parent/relative continues to have contact with the child through visits, phone calls or mail; and gives directions on the child's care to the substitute caretaker. The child may be cared for in his own home or in the home of the substitute caretaker:

2. a definite plan exists for the absent child or parent/relative to return to the home at the end of the temporary period; and

3. the absence is not for a reason listed in passage 1430.0805.

If the temporary absence is due to out of home residential care, refer to passage 1430.0808 for the absence period allowed.

If the temporary absence is due to residence in public institutions or institutions for mental diseases (IMDs), please refer to passage 1430.1103.

Note: The parent or relative's statement concerning how the above conditions will be met during the period of absence is usually sufficient. When questioned, the eligibility specialist will secure additional facts from the individual with whom the child will live during the absence. 1430.0808 Children Who Remain Hospitalized (MFAM) The parent’s or other caretaker relative’s ability to derive eligibility from a child who remain hospitalized following delivery for medical care and do not immediately return to the home for this reason can be Medicaid eligible if other criteria for temporary absence are met. 1430.1000 PREGNANCY (MFAM) Medicaid is provided to pregnant women whose household income is at or below the applicable income standard. Self attestation of pregnancy is acceptable, including the number of unborns when multiple births are anticipated. 1430.1100 LIVING ARRANGEMENTS (MFAM) This section describes policies relating to eligibility and living arrangements. 1430.1103 Residents of Public Institutions/IMDs (MFAM) Individuals residing in public institutions or institutions for mental diseases (IMDs) throughout an entire calendar month are eligible to receive Medicaid, however, their coverage will be suspended. This includes inmates, prisoners, detainees, or convicts under detention or custody of a Federal, State, or local penal, correctional, or other detention facility or institution.

An institution is an establishment that furnishes food, shelter, and some treatment or services to four or more persons unrelated to the proprietor. A public institution is administrated by a governmental unit. Public institutions exist at all levels: federal, state, and local.

An IMD is an institution that is primarily engaged in providing diagnosis, treatment or care of persons with mental diseases, including medical attention, nursing care and related services.

Chapter: 1400 Technical Requirements Program: MFAM 22 Medical institutions (for example, hospitals, nursing homes and intermediate care facilities), or a publicly operated community residence that serves no more than 16 residents or certain child care institutions are not considered public institutions.

Residents of a state mental hospital who are age 65 or older may be eligible for Medicaid.

Exception: Children who are under 18 years of age and are placed in an IMD under the Statewide Inpatient Psychiatric Waiver Program (SIPP) remain eligible for Medicaid and their coverage must not be suspended.

1430.1600 ASSIGNMENT OF RIGHTS FOR TPL (MFAM) This section discusses the requirement for assigning to the state any right to any third party payment (TPP) for medical care. 1430.1601 Assignment of Rights to TPP (MFAM) Individuals must assign to the state their right to any third party payment for medical care.

When a child resides with a nonrelative, the child's parent, caretaker relative, or the designated official of the facility must cooperate with the state in obtaining third party payments. They must assign to the state, when legally able, the rights of the child to any third party payments.

Third party payments include but are not limited to the following:

1. Insurance policies, 2. Court ordered medical support, and 3. Irrevocable trusts which provide for medical expenses (under Florida law this assignment is automatic when receiving Medicaid, and the individual's signature on the application acknowledges the assignment). 1430.1602 Identification of Third Party Liability (MFAM) Individuals must cooperate in identifying all potential third parties who may be liable to pay for their care. An individual who refuses to cooperate is ineligible for assistance unless the individual has good cause not to cooperate. Inability to provide the requested information does not constitute refusal to cooperate. If good cause does not exist, the needs of the individual must be removed from the SFU; however, the individual's income must be considered. This individual continues to be entitled to the earned income disregards, if otherwise eligible.

Good cause includes situations in which the individual claims that the revealing of third party sources would result in physical or emotional harm to the individual. Cases involving good cause should be referred through the Region or Circuit Program Office to Headquarters for clearance. 1430.1700 CHILD SUPPORT COOPERATION (MFAM) Under state and federal law, the state must take action to locate non-custodial parents, establish paternity, and secure all child support, medical support, or other benefits for children receiving Medicaid.

Applicants for and recipients of Medicaid (including relative caregivers and caretaker relatives) must cooperate with Child Support Enforcement (CSE) as a condition of eligibility; unless it is determined that good cause for non-cooperation with CSE exists.

Chapter: 1400 Technical Requirements Program: MFAM 23 Exceptions: Child support cooperation is not a factor of eligible for pregnant woman Medicaid, Emergency Medicaid for Aliens (EMA), transitional Medicaid, Children Only Medicaid cases, and Family Planning (MMFP).

Under federal law, a parent’s cooperation in establishing paternity, assigning rights to medical support and payments, and providing information about liable third parties cannot be required as a condition of a child’s eligibility for Medicaid. Therefore, states are not required to ask about paternity or to seek cooperation in pursuing medical support and third party payments when an application is filed, or a redetermination is done, only on behalf of the child. 1430.1702 Child Support Cooperation Requirements (MFAM)

Cooperation with Child Support Enforcement (CSE) by a parent or other caretaker relative is required when: 1. Paternity has not been established and the alleged father is not in the home, 2. But one or both parents are absent from the home, and 3. Good cause for non-cooperation does not exist as determined by CSE.

The parent or other caretaker relative must cooperate with the following:

1. Identifying and locating the parent(s) of the child, 2. Establishing the paternity of the child, and 3. Obtaining child support payments for the child.

1430.1704 Definition of Cooperation (MFAM) The receipt of a signed application indicates the individual’s intent to cooperate with CSE and is sufficient to process the application. No additional action is necessary unless CSE notifies the Department of a sanction.

CSE cooperation includes the following:

1. Providing complete information required to obtain child support (if information about the non-custodial parent is known by the recipient but is withheld, the recipient may face a possible penalty of perjury); 2. Completing and signing affidavits attesting to paternity of the child; 3. Making court appearances and providing testimony in paternity hearings and support actions; and 4. Reporting payments of child support made directly to the parent or caretaker relative. 1430.1705.01 Definition of Non-custodial Parent (MFAM) The term "non-custodial parent" refers to non-custodial (absent) legal fathers, non-custodial (absent) mothers, and all putative (non-legal biological) fathers. 1430.1705.02 Legal Father and Natural Father (MFAM) If both a legal and a putative father exist, or the responsibility for support is not clear, the parent or caretaker relative must provide information on each parent. 1430.1706 Cooperation by a Pregnant Woman (MFAM) In order to receive Medicaid benefits, a pregnant woman is not required to cooperate with CSE during the pregnancy. The pregnant woman can receive Medicaid for herself only.

Chapter: 1400 Technical Requirements Program: MFAM 24 1430.1707 Good Cause for Failure to Cooperate (MFAM) Cooperation in establishing paternity and/or securing support may be contrary to the best interest of the family. In those situations, a parent or caretaker relative may have good cause for not cooperating. Child Support Enforcement (CSE) must advise these individuals of reasons for good cause.

Refer the individual to CSE even when it appears that good cause exists. 1430.1708 Reasons for Good Cause (MFAM) Good cause is determined by Child Support Enforcement (CSE). Good cause may exist when cooperation in establishing paternity or securing child support could result in one of the following conditions:

1. Physical harm to the child - examples are broken bones, bruises, burns, lacerations, etc.; 2. Emotional harm to the child - examples are poor school performance, sleep disturbances, self-destructive behavior, eating disorders, etc.; 3. Physical harm to the parent or caretaker relative which reduces the individual's capacity to care for the child adequately (such as life threatening injury); or 4. Emotional harm to the parent or caretaker relative to such a degree that the individual's capacity to adequately care for the child is diminished (such as any psychological disorder or dysfunction which has a serious impact on the individual's abilities as a caretaker).

Good cause may also exist under the following circumstances:

1. The child was conceived as a result of incest or forcible rape, 2. Legal proceedings for the adoption of the child are pending before a court, or 3. The parent or caretaker relative is being assisted by a public or licensed private social agency to determine whether or not to relinquish the child for adoption (this circumstance is valid for three months). 1430.1710 CSE Reports of Failure to Cooperate (MFAM) When Child Support Enforcement (CSE) directs the eligibility specialist to impose sanctions based upon a Medicaid assistance group member's noncompliance with Child Support Enforcement requirements, the eligibility specialist will take immediate action to remove the noncompliant individual from Medicaid unless that person is pregnant.

Note: If pregnant, women will remain Medicaid eligible during the pregnancy and postpartum period as long as they meet all other factors of eligibility. 1430.1711 Ending Sanction (MFAM) Eligibility staff must:

1. Remove the sanction upon CSE’s request that the individual complied. 2. Add the individual back to Medicaid assistance (must meet all other factors of eligibility). 3. Not require an application.

Remove CSE imposed sanctions for noncooperation without CSE approval in the following situations:

1. When the last child subject to cooperation leaves the home. 2. When the last child subject to cooperation turns 18. 3. When the absent parent, based on established legal paternity, moves into the home and

Chapter: 1400 Technical Requirements Program: MFAM 25 4. When a non-legal parent moves into the home and completes the DH 432 acknowledging paternity and staff forwards the completed DH 432 to CSE or the Department of Health State Office of Vital Statistics.

The effective date for adding the sanctioned individual is retroactive to the first day of the month of compliance. 1430.2300 COOPERATION WITH QUALITY CONTROL (MFAM) Households are not required to cooperate with Quality Control (QC) reviewers. Denial or termination of other household benefits due to refusal to cooperate with QC reviewers will not affect Medicaid eligibility.

If the household refuses to cooperate in a QC review, sanctions will not be imposed. The eligibility specialist should schedule a complete review upon notification of the non-cooperation to assess if there has been a change in the family’s circumstances.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 26 1440.0000 SSI-Related Medicaid, State Funded Programs The eligibility specialist must determine if each individual meets the appropriate requirements for the type of assistance requested. If the individual does not meet the applicable requirements, the individual is technically ineligible. The eligibility specialist must keep in mind that these factors will not always apply to all types of assistance. 1440.0006 SSI-Related Technical Factors (MSSI, SFP) The technical factors that may be considered are:

1. Citizenship/noncitizen status, 2. Social Security number, 3. Residency, 4. Aged, blind/disabled, 5. Level of care/appropriate placement, 6. Living arrangement, 7. File for other benefits, 8. Receipt of other benefits, 9. Assignment of rights for third party liability, 10. Medicare status, and 11. Receipt of institutional, hospice or home and community based services. 1440.0007 Medicaid - Technical Factors for ICP (MSSI) Any Medicaid eligible individual applying for institutional care or HCBS or PACE services must meet the following requirements:

1. level of care/appropriate placement, 2. requirement to file for other benefits, and 3. transfer of assets provisions. 1440.0008 Additional Criteria - HCBS Waivers (MSSI) The individual must also meet additional program specific criteria that vary according to the Home and Community Based Services (HCBS) Program waiver type.

For Familial Dysautonomia Waiver(FD/HCBS) individuals must:

1. be age three or older (must meet disability criteria if under age 65); 2. meet a level of care of being at risk of hospitalization as determined by CARES; 3. have a diagnosis of Familial Dysautonomia and a need for medically necessary services provided by the waiver as determined by CARES, and 4. be enrolled in the Familial Dysautonomia waiver as documented by form CF-ES 2515.

For the iBudget Florida Waiver individuals must:

1. be aged three or older (must meet disability criteria if under 65); 2. meet level of care requirements as determined by the Agency for Persons with Disabilities; and 3. be enrolled in the iBudget Florida waiver as documented by form CF-ES 2515

The iBudget Florida waiver is targeted to develop mentally disabled individuals and allows the customer more choice and control over his or her services.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 27 For the Model Waiver, individuals must:

1. be under 21 years of age; 2. be diagnosed as having a degenerative spinocerebeller disease; and 3. meet the appropriate level of care for inpatient hospital care as determined by Children’s Medical services as documented by form CF-ES 2515.

Florida can only serve five children at any one time under this program. The Agency for Health Care Administration evaluates each case and authorizes slots.

For the Statewide Medicaid Managed Care-Long Term Care Waiver (SMMC LTC) individuals must: 1. be enrolled in the SMMC-LTC waiver as documented by form CF-ES 2515; 2. meet the appropriate level of care requirement as determined by CARES; and 3. be 18 years of age or older (must meet disability criteria if under 65). 1440.0100 CITIZENSHIP/NONCITIZEN STATUS (MSSI, SFP) The eligibility specialist must evaluate the citizenship/noncitizen status for each individual who applies for Medicaid. Citizenship information of those family members who are not applying for benefits is not required. Non-receiving members are to be asked only if they are citizens or noncitizens, not their U.S. Citizenship and Immigration Services status. The criterion in this section does not apply to the Emergency Medicaid for Aliens (EMA) Program. 1440.0101 Declaration of Citizenship/Noncitizen Status (MSSI, SFP) Each applicant applying for public assistance must declare in writing whether each individual in the assistance group (AG) is an U.S. citizen, or a noncitizen in lawful immigration status.

An application declaring the citizenship/noncitizen status must be signed under penalty of perjury for all household members applying for assistance as a condition of eligibility. The form must be signed at application and when adding individuals to the AG. An adult applicant or designated representative may sign the application declaring the citizenship/noncitizen status of all members. 1440.0102 Definition of U.S. Citizenship (MSSI, SFP) To be considered a U.S. citizen, an individual must meet one of the following conditions:

1. be born in the U.S., D.C., or a U.S. territory, (Puerto Rico, U.S. Virgin Islands, Northern Mariana, American Samoa, Harcon Tract, Swain's Island, and Guam).

Note: If the individual was born in a former U.S. territory while it was a territory, a clarification through the Region or Circuit Program Office is required.

2. be a naturalized citizen. An individual is a naturalized citizen when U.S. citizenship is gained after his birth either through individual naturalization, or derived from a naturalized parent.

3. be adopted by, a U.S. citizen.

A child acquires citizenship through adoption, if they meet all of the following conditions:

a. the child was adopted while under the age of 16, has been in legal custody of, and has resided with the adopting U.S. citizen parent(s) for at least two years; b. the child is under the age of 18, or was under the age of 18 on February 27, 2001; c. the child is/was residing in the United States in the legal and physical custody of the U.S. citizen parent(s); and

Chapter: 1400 Technical Requirements Program: MSSI, SFP 28 d. the child has a qualified alien status.

The child must meet all the above criteria, all at the same time, on at least one day at some point between February 27, 2001 and the present. The child must not have been married at any time on or before the day they meet all of the criteria.

Note: Proof of U.S. citizenship will not be automatically issued to eligible children.

4. be born abroad to a U.S. citizen. Individuals born abroad to a U.S. citizen and who make a written declaration of citizenship to the U.S. Counsel are considered U.S. citizens.

A child born abroad to unmarried parents may acquire citizenship at birth if one of the parents is a U.S. citizen at the time of the child's birth, and legal paternity has been established. To acquire citizenship, a child born abroad to unwed parents need only establish the mother's U.S. citizenship and her residence in the U.S. or U.S. territory prior to the birth of the child.

Citizenship acquired at birth occurs when:

1. both parents are U.S. citizens and at least one parent resides in the U.S. or a U.S. territory before the birth of the child; or 2. one parent is a citizen and the other is a noncitizen at the time of the child's birth. (Individuals claiming citizenship under this provision must be referred to USCIS to obtain a formal determination of their citizenship.)

Children become U.S. citizens after birth when all the following conditions are met:

1. one parent is a U.S. citizen by birth or naturalization, 2. the child in under age 18, or was under 18 on February 27, 2001, 3. the child is/was residing in the U.S. in the legal and physical custody of the U.S. citizen parent(s), and 4. the child has a qualified noncitizen status. 1440.0103 Verification Sources for U.S. Citizens (MSSI, SFP) United States citizenship must be verified for all individuals who claim to be citizens, including those who are naturalized and those born abroad to U.S. citizens.

Exceptions: Individuals who receive SSI, any part of Medicare, Social Security Disability based on their work history and children in the care of the Department are exempt from this requirement. If we have verification in our records, do not ask for it again, unless it appears fraudulent.

The following sections discuss what documents may be accepted as verification of U.S. citizenship and identity. The following can be used to document U.S. citizenship and identity:

1. A U.S. passport (can be expired), 2. A Certificate of Naturalization (DHS form N-550 or N-570), 3. A Certificate of Citizenship (DHS form N-560 or N-561) or, 4. Data from the Driver’s And Vehicle Express (DAVE) system. 5. Data from the Federal Data Services Hub (FDSH).

The following can only be used to verify citizenship (must show a U.S. place of birth):

1. BVS record (MNOV or DEBP) if born in Florida, 2. VIS-CPS (SAVE) for naturalized citizens (must have their A#),

Chapter: 1400 Technical Requirements Program: MSSI, SFP 29 3. Verification of eligibility under the Child Citizenship Act of 2000, including the U.S. citizenship of the parent, 4. A U.S. birth certificate (originally issued prior to age five) (except for voided Puerto Rican birth certificates after September 30, 2010), 5. A final adoption decree, or if the adoption is pending and no birth certificate can be issued, a statement from the state adoption agency (U.S. born children), 6. A Report of Birth Abroad of a U.S. citizen (forms FS-240, FS-545 or DS1350), 7. A U.S. Citizen I.D. card (DHS form I-197 or I-179), 8. A Northern Mariana ID card (I-873), 9. An American Indian card (I-872, with “KIC” code), 10. Proof of civil service employment before 6/1/76, or 11. Official military record of service (ex.DD-214).

If none of the above documents exist or can be located, the following documents can be used to verify U.S. citizenship if they show a U.S. place of birth and are dated five years prior to the Medicaid application (unless for a child under age five):

1. Extract of hospital birth record on hospital letterhead (not a souvenir birth certificate), 2. Life or health insurance record with a U.S. place of birth, 3. Early school record, or 4. Religious record (ex baptism) within three months of birth.

If none of the above documents exist or can be located, the following documents can be used to verify U.S. citizenship if they show a U.S. place of birth and are dated five years prior to the Medicaid application (unless for a child under age five):

1. Federal census records from 1900-1950 showing the age and place of birth (the five year rule does not apply), 2. Tribal census records, 3. An amended birth certificate, after age five, 4. A signed statement from the doctor or midwife who was present at the birth, 5. Nursing home institution records that contain biographical information, 6. Medical records with biographical information, 7. Listed on the roll of Alaskan natives, or 8. A written statement signed under penalty of perjury by at least two people who have personal knowledge of the event(s) – (One cannot be related.). They must also prove their own citizenship and identity. A separate statement by the applicant/recipient/representative, signed under penalty of perjury, must also be completed stating why the documentation could not be obtained. 1440.0104 Noncitizens (MSSI, SFP) Noncitizens may qualify for Medicaid based on their status granted by U.S. Citizenship and Immigration Services (USCIS). The following sections discuss different types of noncitizens and their eligibility.

A North American Indian born in Canada, who is residing in the U.S., is eligible for Medicaid benefits, based on the factor of noncitizen status, if they are subject to section 289 of the Immigration and Nationality Act or a member of an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act.

Proof of this status includes:

1. I-551 with code S-13, 2. unexpired temporary I-551 stamp in a Canadian passport, 3. I-94 with code S-13, or

Chapter: 1400 Technical Requirements Program: MSSI, SFP 30 4. a letter or other tribal document certifying at least 50% American Indian blood, as required by Immigration and Nationality Act section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada.

Verification of membership in an Indian tribe includes a membership card or other tribal document demonstrating membership in a federally recognized Indian tribe.

If the individual has no document evidencing tribal membership, contact the tribal government for confirmation of the individual’s membership.

Note: These individuals are not subject to the five-year ban. 1440.0105 Qualified Noncitizens (MSSI, SFP) Qualified noncitizens are defined as noncitizens who meet at least one of the following sections of the Immigration and Nationality Act (INA):

1. Lawful Permanent Residents; 2. Granted Asylum under section 208; 3. Refugee admitted under section 207; 4. Parolee under section 212(d)(5) admitted for at least 1 year; 5. Deportation withheld under section 243(h) or 241(b)(3); 6. Granted Conditional Entry pursuant to section 203(a)(7); 7. Cuban and Haitian Entrants; 8. Battered Spouse or Abused Child or the parent or child of a Battered person; and 9. Victims of Human Trafficking 1440.0106 Lawful Permanent Resident (MSSI, SFP) A lawful permanent resident (LPR) is a noncitizen who lawfully immigrates to the U.S. and has permission to live and work in the U.S. LPRs may be eligible for Medicaid based on citizenship if they entered the U.S.:

1. prior to 8/22/96 and have remained continuously present, 2. on or after 8/22/96 under a prior asylee, refugee, Amerasian, deportation withheld, or Cuban/Haitian Entrant status, or 3. on or after 8/22/96 and have lived in the U.S. as a qualified noncitizen for at least five years.

Proof of this status includes:

1. resident alien card, (I-551)(commonly referred to as a "green card"); 2. re-entry permit (I-327), or 3. foreign passport with a stamp stating "temporary evidence of lawful permanent resident status".

Note: LPRs who entered after 8/22/96 are subject to the five-year ban, except lawfully residing children up to age 19.

LPRs who are in the five-year ban may be eligible for Emergency Medicaid for Aliens, (EMA). 1440.0106.01 Noncitizens Serving in the United States Armed Forces (MSSI, SFP) Noncitizens serving in the United States Armed Forces (Army, Air Force, Navy, Marines, or Coast Guard) on active duty for purposes other than training, noncitizen veterans honorably discharged from the United States Armed Forces for reasons other than noncitizen status, who have met the minimum active duty service requirements of Section 5303A(d) of Title 38, United States Code

Chapter: 1400 Technical Requirements Program: MSSI, SFP 31 (24 months or the period for which the person was called to active duty), and their spouses and unmarried dependent children, are eligible to receive Medicaid on the factor of noncitizen status.

Verification of active duty military status includes:

1. a current Military Identification Card (DD Form 2) that lists an expiration date of more than one year from the date of determination. If the expiration date is less than one year, the individual will need to present a copy of current military orders, 2. verification through the nearest Real Time Automated Personnel Identification System (RAPIDS), or 3. contact with DEERS Support Office Attention: Research and Analysis 400 Gigling Road Seaside, California 93955-6771 Fax (408) 655-8317.

Proof of honorable discharge:

The discharge certificate (DD Form 214) or its equivalent indicates the type of discharge.

If the individual is not in possession of their discharge certificate, the specialist should refer the individual to the local Veteran Administration Regional Office for a determination of the individual's veteran status.

Note: If the individual's discharge certificate indicates an original enlistment date in the Armed Forces prior to September 7, 1980, there is no minimum active duty service requirement.

An unmarried dependent child is defined as:

1. the biological or legally adopted dependent child of an honorably discharged veteran or an active duty member of the U.S. Armed Forces, 2. not married, and 3. under the age of 18 or under the age of 22 if a full-time student.

An un-remarried noncitizen surviving spouse may also be eligible when the:

1. veteran spouse was a Filipino described in Section 107 of Title 38, U.S. Code. (individuals who served in the Philippine Commonwealth Army during World War II or as a Philippine Scout following the war); or 2. spouse died while on active duty, provided the surviving spouse has not remarried and the marriage fulfills the requirements of Section 1304 of Title 38, U.S. Code.

Section 1304 defines marriage as having met one of the following conditions:

1. The surviving spouse was married to the veteran or active duty military personnel within 15 years after discharge in which the injury or disease leading to the death of the veteran or active duty personnel was incurred or aggravated (Not a factor if the individual died while on active duty) and was married for a period of at least one year. or 2. A child was born during the relationship between the individual and the veteran or active duty military personnel either during or before the marriage. Note: These individuals are not subject to the five-year ban.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 32 1440.0106.02 Amerasians (MSSI, SFP) Amerasians born in Vietnam fathered by a U.S. citizen and admitted to the U.S. as immigrants under Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988 are eligible for Medicaid, on the factor of citizenship.

Proof of this status includes unexpired temporary USCIS Form I-551 with code AM6, AM7, or AM8, or USCIS Form I-94 with codes AM1, AM2, or AM3.

Note: These individuals are not subject to the five-year ban. 1440.0107 Asylees (MSSI, SFP) Noncitizens granted asylum under Section 208 have received permission to remain in the U.S. based on a “well-founded fear of persecution” should the individual return to the individual’s native land may be considered for asylum. A prospective asylee applies for asylum after entering the U.S., a U.S. territory or a U.S. embassy.

Proof of this status includes:

1. USCIS Form I-94 showing grant of asylum under Section 208, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(5), 3. USCIS Form I-766 (Employment Authorization Card) annotated A5, 4. grant of asylum letter from the Asylum Office of the USCIS, 5. order of an immigration judge granting asylum, or 6. other conclusive documentation of this status.

Note: These individuals re not subject to the five-year ban. 1440.0108 Refugees (MSSI, SFP) Refugees are defined as those noncitizens given permission to enter the U.S. under Section 207 of the Immigration and Nationality Act (INA). These noncitizens have applied to be admitted to the U.S. based upon a well-founded fear of persecution in their homeland. Persecution must be due to race, religion, nationality, social or political ties and cannot be economic in nature.

Proof of this status includes:

1. USCIS Form I-94 or I-551 bearing Section 207, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(3), 3. USCIS Form I-766 annotated A5, 4. USCIS Form I-571 (Refugee Travel Document), or 5. other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban. 1440.0109 Victims of Human Trafficking (MSSI, SFP) Victims of severe forms of human trafficking are eligible for benefits to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act. The only exception is the human trafficking victim will not provide USCIS documents. Adult victims will provide a certification letter from the Department of HHS. Children under 18 years old are not required to be certified and will instead be provided an eligibility letter. The agency will accept the certification letter for adults or the eligibility letter for children in place of USCIS documentation.

Before approving these individuals for benefits, the validity of the certification or eligibility letter must be confirmed by calling the HHS’ Office of Refugee Resettlement (ORR) at (866) 401-5510.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 33 The call will advise ORR of the benefits for which the individual has applied and ORR will verify whether or not the individual is a trafficking victim.

Certain family members of victims of human trafficking are now potentially eligible for Medicaid. This includes the spouse and children of a trafficking victim 21 years of age or older. If the severe trafficking victim is under 21 years of age, parents, spouses, children, and unmarried siblings under 18 on the date of the T visa’s application are eligible, if they meet all other program criteria. These family members will have a nonimmigrant T Visa, with no additional USCIS documentation.

Note: These individuals are not subject to the five-year ban.

Note: Do not use the Verification Information System - Customer Processing System (VIS-CPS) for these individuals, as VIS-CPS does not contain information about them.

Potential Child Trafficking Victims: Potential child trafficking victims are eligible for federally funded benefits and services for up to 90 days pending a final trafficking eligibility decision. An “Interim Assistance Letter” issued to potential child victims by the Department of HHS, Office of Refugee Services (ORR) will certify this status. These children are eligible for benefits beginning with the eligibility began date on the interim assistance letter. ORR will issue a final trafficking determination on the child within this interim period. If denied a final trafficking status, terminate benefits at the end of the month in which the 90th day falls. 1440.0110 Parolees (MSSI, SFP) Parolees under Section 212(d)5 for at least one year; Noncitizens granted temporary parole status for a total period of at least one year by the Attorney General under Section 212(d)(5) of the Immigration and Nationality Act (INA) are eligible for on the factor of noncitizen status.

Verification for this status includes:

1. USCIS Form I-94 indicating that the individual has been paroled under this section of the INA, or 2. other conclusive documentation of this status.

Note: If the USCIS document does not reflect at least a one-year period, the eligibility specialist must institute secondary verification.

Note: These individuals are subject to the five-year ban if the entry date is after 8/22/96 except lawfully residing children up to age 19. 1440.0111 Deportation Withheld (MSSI, SFP) A noncitizen whose deportation has been withheld pursuant to Section 243(h) or 241(b)3 of the Immigration and Nationality Act (INA) may be eligible for Medicaid on the factor of noncitizen status.

Verification of this status includes:

1. An order from an immigration judge showing that deportation has been withheld under Section 243(h) of the INA as in effect prior to April 1, 1977, or removal withheld under 241(b)(3). 2. USCIS Form I-766 (Employment Authorization Card) annotated A-10. 3. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12.(a)(10).

The court will include the date deportation was withheld. If the applicant does not present a court order, do secondary verification.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 34

Note: These individuals are not subject to the five-year ban. 1440.0112 Cuban/Haitian Entrants (MSSI, SFP) Cuban/Haitian Entrants is defined in Section 501(e) of the Refugee Education Assistance Act of 1980 any national of Cuba or Haiti who:

1. was granted parole status as a Cuban/Haitian Entrant (status pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; or

2. any other national of Cuba or Haiti who:

a. was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act (INA); b. is the subject of exclusion or deportation proceedings under the INA; c. has an application for asylum pending with the USCIS, and with respect to whom a final, non-appealable, and legally enforceable order of deportation or exclusion has not been entered; or d. has special immigrant juvenile status.

Verification for this status includes:

1. USCIS Form I-94, stamped paroled as "Cuban/Haitian Entrant, Status Pending" 2. USCIS Form I-55I with code CU6 or CH6, 3. unexpired temporary I-55I stamp in foreign passport 4. USCIS Form I-94 with code CU6 or CH6, or other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban. 1440.0113 Battered (MSSI, SFP) A battered spouse or child, or parent or child of a battered person with a petition pending under Section 204(a)(1)(A) or (B) or 244(a)(3), as determined by USCIS are defined as noncitizens who are, or have been battered or subjected to extreme cruelty in the United States by a family member with whom they reside. This includes a noncitizen whose child or a noncitizen child whose parent has been abused. The phrase battered or subjected to extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence

Noncitizens who claim to be battered must satisfy all of the following requirements:

1. Show that noncitizen has an approved or pending petition which makes a prima facie case for immigrant status in one of the following categories:

a. a Form I-130 filed by their spouse or the child's parent; b. a Form I-130 petition as a widow(er) of a U.S. citizen; c. an approved self-petition under the Violence Against Women Act (including those filed by a parent; or d. an application for cancellation of removal or suspension of deportation filed as a victim of domestic violence.

2. The noncitizen, the noncitizen's child or the noncitizen child's parent has been abused in the U.S. under the following circumstances:

Chapter: 1400 Technical Requirements Program: MSSI, SFP 35 a. The noncitizen has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse's or parent's family residing in the same household if the spouse or parent consent to the battery or cruelty. b. The noncitizen's child has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse's family residing in the same house if the spouse or parent consents to the battery or cruelty, and the noncitizen did not actively participate in the battery or cruelty. c. The parent of a noncitizen child has been battered or subjected to extreme cruelty in the U.S. by the parent's spouse, or by a member of the spouse's family residing in the household as the parent, if the spouse consents to or allows such battery or cruelty.

3. The battered noncitizen, child, or parent no longer lives in the same household as the abuser(s). 4. There is a substantial connection between the battery or extreme cruelty and the need for public assistance.

Proof of the Battered status includes:

1. individual’s statement for proof of no longer living with the abuser and direct connection between battery and need for public assistance. 2. approved petitions or orders granted by USCIS. 3. restraining order or criminal conviction against the abuser. 4. charges brought about that lead to the conviction of the abuser. or 5. credible evidence of the abuse which includes but is not limited to, reports or affidavits from law enforcement, judges or other court officials, medical personnel, school officials, social workers, mental health providers, other social service agency personnel, legal documents, residence in a battered spouse shelter or similar refuge, photographs of the injuries, or sworn affidavits from friends, family members, or other third parties with personal knowledge of the battery or cruelty.

The eligibility specialist cannot delay authorization of an application or request for additional assistance while awaiting verification to establish battery or extreme cruelty. If it is later discovered that the noncitizen does not meet these criteria, a Benefit Recovery referral must be made.

Note: These individuals are subject to the five-year ban if entry date is after 8/22/1996 except lawfully residing children up to age 19.

Note: The eligibility specialist does not need to determine if the battered noncitizen meets the three criteria listed above for noncitizens who meet one of the other qualified noncitizen statuses unless it is to the noncitizen's advantage such as sponsored noncitizens. 1440.0114 Verification Requirements for Noncitizens (MSSI, SFP) The eligibility specialist must verify the immigration status of all noncitizens applying for or receiving Medicaid through the U.S. Citizenship and Immigration Services (USCIS). The Verification Information System-Customer Processing System (VIS-CPS) is used to verify the immigration status.

If a noncitizen does not want the agency to contact USCIS to verify immigration status, the household has the option of withdrawing the application or excluding that individual from the assistance group. If the individual is excluded as technically ineligible, we will not attempt to obtain any documentation of status for that individual. If a noncitizen is unable to provide any documentation to verify immigration status the eligibility specialist is not responsible for contacting

Chapter: 1400 Technical Requirements Program: MSSI, SFP 36 USCIS on the noncitizen's behalf unless the individual requests assistance in obtaining documentation or verification of immigration status.

An expired noncitizen registration card does not necessarily mean that the noncitizen lost their immigration status. If VIS-CPS does not indicate the noncitizen has an acceptable status, the noncitizen should be referred to USCIS to obtain current USCIS documentation. If obtaining USCIS documentation would place an undue hardship on the noncitizen, or the noncitizen is hospitalized or suffers from a medical disability, the eligibility specialist must have the noncitizen declare their noncitizen status and continue to process the application. The USCIS documentation provided will be manually verified with USCIS.

Examples of undue hardship include, but are not limited to, living a distance from the USCIS office, lack of transportation, or a several months waiting period for an appointment with USCIS.

If a noncitizen does not have any documentation of immigration status, but can provide the "noncitizen registration number," the eligibility specialist will verify the number using the VIS-CPS system. If the number is verified, and VIS-CPS indicates the individual has an immigration status, this is acceptable documentation of the noncitizen's immigration status for all programs. However, the individual's identity must be verified to ensure the noncitizen registration number belongs to the individual.

Note: If a noncitizen provides any form of USCIS documentation, regardless of the expiration date, showing an eligible Immigration Act section, the eligibility specialist must accept the documentation and verify the individual's status through the VIS-CPS system. When the VIS- CPS system requests secondary verification, benefits may not be withheld pending response from the secondary verification, providing all other technical eligibility factors are met.

If the secondary verification shows that the noncitizen no longer has an eligible immigration status, a Benefit Recovery referral will be initiated for the total amount of assistance received during the interim investigation period.

1440.0115 VIS-CPS (MSSI, SFP) VIS-CPS must be completed for noncitizens: 1. at application or reapplication, 2. when adding a noncitizen individual, 3. at every review for individuals who do not have a permanent resident status, and 4. any time there is a change to alien status.

A noncitizen who has what appears to be a “good” USCIS document, when VIS-CPS indicates contradictory information, will be considered potentially eligible until secondary verification is returned confirming the status. Do not hold, deny or terminate benefits waiting for the secondary verification. 1440.0116 Lawfully Residing Noncitizen Children up to age 19 (MSSI) Lawfully residing children, up to age 19, are potentially Medicaid eligible, regardless of their date of entry as long as they are in an immigration status considered “lawfully residing”. All technical and financial eligibility requirements must be met, including residency, prior to providing Medicaid (including Medically Needy) coverage.

A child, up to age 19, is considered lawfully residing if the verified immigration status is a: 1. Qualified Noncitizen a. Lawful Permanent Resident (LPR) b. Asylee c. Refugee

Chapter: 1400 Technical Requirements Program: MSSI, SFP 37 d. Parolee (more than 1 year) e. Deportation Withheld f. Cuban and Haitian Entrants g. Battered or Abused Child or Child of a Battered Person h. Victim of Human Trafficking 2. Noncitizens with a valid Nonimmigrant Status (visa holders) 3. Paroled for less than 1 year 4. Other: a. Temporary Resident b. Temporary Protected Status (TPS) c. Employment Authorization d. Family Unity Beneficiaries e. Deferred Enforced Departure (DED) f. Deferred Action Status (not including Deferred Action for Childhood Arrivals (DACA)) g. Administrative Stay of Removal h. Approved Visa Petition with a Pending Application for Adjustment of Status 5. Pending Application for Asylum, Withholding of Removal or Convention Against Torture who has also been Granted Employment Authorization or is under age 14 and their application has been pending for at least 180 days 6. Withholding of Removal under the Convention Against Torture 7. Pending Application for Special Immigrant Juvenile Status 1440.0117 Assistance for Ineligible Noncitizens (MSSI, SFP) Any noncitizen who does not have an eligible qualified noncitizen status is not eligible for Medicaid on the factor of citizenship. These noncitizens may be eligible for Medicaid through Emergency Medical Assistance for Aliens (EMA), if they meet all other eligibility criteria.

Note: Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements are met. 1440.0118 Noncitizens not Eligible for Assistance (MSSI, SFP) The following individuals are not eligible for public assistance on the factor of citizenship status:

1. foreign government representatives on official business and their families and servants; 2. visitors for business or pleasure, including exchange visitors; 3. crewmen on shore leave; 4. noncitizens in travel status while traveling directly through the U.S.; 5. treaty traders and investors and their families; 6. foreign students; 7. international organization representatives and individuals and their families and servants; 8. temporary workers including agricultural contract workers; and 9. members of foreign press, radio, film, or other information media and their families.

Verification is usually the I-94, Arrival-Departure Record, annotated with the letters "A" through "V" except “T” (A-2, B-1, etc.).

Note: Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements are met. 1440.0119 Compact of Free Association (COFA) migrants (MSSI) The Compact of Free Association (COFA) are agreements between the United States and three independent states: the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 38 COFA migrants are considered qualified non-citizens for the purposes of Medicaid eligibility. Verification of this status includes: 1. I-94 or I-766 with the following Class of Admission (COA) Codes:

a. CFA/RMI – Citizen of Republic of the Marshall Islands (RMI) due to the

Compact of Free Association

b. CFA/FSM – Citizen of the Federated States of Micronesia (FSM)

c. CFA/PAL – Citizen of the Republic of Palau 2. I-766 Employment Authorization Document (EAD) with the following Category Code:

a. A-08 Citizen of the Marshall Islands, Micronesia or Palau admitted as a

nonimmigrant 3. An unexpired passport with annotations “CFA/RMI,” “CFA/FSM” or “CFA/PAL.”

Note: These individuals are not subject to the five-year ban. 1440.0200 SOCIAL SECURITY NUMBER (MSSI, SFP) The eligibility specialist must obtain a Social Security number (SSN) for each individual or verify that the individual has applied for an SSN as a condition of eligibility. This requirement does not apply for the Emergency Medical Assistance for Noncitizens Program. The purpose of the SSN is to identify income and assets held by an individual.

A verbal statement providing the SSN is sufficient as the SSN is validated through data exchange. If the SSN is unknown or has never been obtained, the individual must:

1. apply for an SSN through the welfare enumeration system at the local DCF office. (Original evidence of age, identification and citizenship or noncitizen status must be sent by the eligibility specialist to the local Social Security Administration (SSA) office with the completed SS-5.); or 2. apply for an SSN through the local SSA office (The SSA filing receipt for application must be presented to the eligibility specialist as evidence that the individual has applied.); or 3. apply for an SSN through the Florida enumeration at birth process.

Evidence that the individual has applied includes:

1. an SSA 2853 indicating that an SSN was requested at the hospital, 2. the child's birth certificate with "yes" annotated in Section 11d, or 3. a screen print from BVS with a "y" indicator in the child issue field.

There may be circumstances under which an individual is unable to obtain an SSN. Under the following conditions an applicant’s statement is acceptable that they are unable to obtain a SSN:

1. Social Security Administration (SSA) denies the application for an SSN, because the individual is not eligible to receive an SSN, or their application is declined by SSA. 2. The customer does not have an SSN and can only receive an SSN for a valid nonwork reason. 3. The customer refuses to obtain an SSN due to a well-established religious objection. The term well established religious objections means that the applicant- a. Is a member of a recognized religious sect or division of the sect; and b. Adheres to the tenets or teachings of the sect or division of the sect and for that reason is conscientiously opposed to applying for or using a national identification number.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 39 The eligibility specialist must request that SFU members whose income and/or assets are included in the budget, but who are not members of the assistance group, provide their SSN for purposes of data exchange. These individuals are not required to comply with this request. The agency must not deny or delay services to an otherwise eligible individual pending issuance or verification of the individual’s SSN by SSA.

Refer to the FLORIDA Desk Guide for procedures for routing the SS-5. 1440.0204 When SSN is not Provided/Refusal to Apply (MSSI, SFP) If an individual fails to provide or apply for an SSN on his own behalf or on the behalf of the individual's child(ren), the needs of that individual or child, whichever is applicable, must be excluded from the assistance group.

If a child resides in a facility or with a nonrelative and the child's parent, caretaker relative, or designated official of the facility fails to apply for an SSN for that child, the child is ineligible. 1440.0205 Suspected and Confirmed Multiple SSNs (MSSI, SFP) Suspected multiple SSNs exist when the eligibility specialist has reason to believe that an individual has more than one SSN.

Confirmed multiple SSNs exist when an individual presents different Social Security cards with the same or similar names and different numbers.

One of the following actions must be taken if either of these situations arises:

1. the individual must be asked to clarify the problem with the SSA office, or 2. the eligibility specialist must copy the SS cards, complete an SS-5 for each SSN and send the forms to the SSA office. 1440.0206 SSN Application Follow-Up (MSSI, SFP) The eligibility specialist must request an SSN at each future contact, once the application for an SSN has been made.

After 90 days, if an individual who has applied for an SSN has not received an SSN, the eligibility specialist must determine if another SS-5 should be submitted. 1440.0207 SSNs Not Validated Through Data Exchange (MSSI, SFP) If validation does not occur through data exchange, the eligibility specialist must obtain verification of the individual's SSN to ensure the correct number is being submitted for verification. The following documentation is acceptable:

1. SS card; 2. correspondence from SSA containing the individual's name and account number (if the number has an A, J, M or T suffix, this is the SSN); 3. a Social Security check issued on the individual's own account number; 4. a Medicare card issued on the individual's own account number (if there is an A, J, M or T suffix, this is the SSN); or 5. an SSA certificate of award which will contain a claim number (if there is an A, J, M or T suffix, this is the SSN).

The eligibility specialist must establish that coverage is provided under the individual's own account number and not as a beneficiary under another's account number.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 40 1440.0300 RESIDENCY (MSSI, SFP) In order to receive public assistance, all individuals must be eligible on the factor of residency. 1440.0301 Residency of Homeless Individuals (MSSI, SFP) Homeless individuals and residents of public or private nonprofit shelters for the homeless are considered residents. An otherwise eligible individual must not be required to reside in a permanent dwelling or have a fixed mailing address. 1440.0303.01 Residency Requirements (MSSI, SFP) An individual must satisfy one of the following residency requirements:

1. Reside in the State of Florida with the intent to remain. 2. Be living in the State of Florida for employment purposes. or 3. Some individuals in the U.S. with a valid temporary Visa and their U.S. born children may meet the Florida residency requirement if they verify their residency and state an intent to remain. Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements, including residency, are met. Examples of verification of residency include: a. employment or school records, b. bank statements, c. lease agreements, d. utility bills, e. Florida driver’s license or state ID card, and f. other reliable information. 1440.0303.02 Residents of Florida (MSSI, SFP) Residency exists when the intent of the individual is to remain in the state. Residency is not dependent upon the duration of the stay. Residency does not exist when the stay is for a temporary purpose such as a vacation and there is intent to return to a residence in another state.

When a child is in the child's usual family setting, the residency of the child is considered in the context of the family situation. If the child leaves the family setting to reside elsewhere, residence is determined based on the extent and nature of the child's own stay.

A child is considered a resident when the parent or caretaker relative is a migrant agricultural worker who maintains Florida as a home for the children and intends to return to Florida.

Note: Children born in the U.S. of undocumented or ineligible noncitizen parents residing in the state may meet the residency requirement if they intend to remain even if parents may not legally remain due to USCIS status. Lawfully residing children, up to age 19, are potentially eligible for Medicaid provided all other eligibility requirements, including residency, are met. 1440.0303.03 Residency for Employment (MSSI, SFP) An individual is considered a resident if he is living in the state for purposes of employment without intent to remain and meets the following conditions:

1. the individual or caretaker relative is living in Florida without intent to remain and is not receiving assistance from another state, and 2. the individual or caretaker relative came to Florida with a job commitment or is actively seeking employment during the stay in the state.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 41 1440.0307 Residents of Title XIX Facilities (MSSI, SFP) For any institutionalized individual under age 21 who is neither married nor emancipated, the state of residence is:

1. the parent's or legal guardian's state of residence at the time of placement (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's); or 2. the current state of residence of the parent or legal guardian who files the application if the individual is institutionalized in that state (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's); or 3. the state of residence of the individual or party who files an application is used if the individual has been abandoned by his parent(s), does not have a legal guardian and is institutionalized in that state.

For any institutionalized individual age 21 or older who became incapable of indicating intent before age 21, the state of residence is:

1. that of the parent applying for Medicaid on the individual's behalf, if the parents reside in separate states (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's); 2. the parent's or legal guardian's state of residence at the time of placement (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's); 3. the current state of residence of the parent or legal guardian who files the application if the individual is institutionalized in that state (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's); or 4. the state of residence of the individual or party who files an application is used if the individual has been abandoned by his parent(s), does not have a legal guardian, and is institutionalized in that state.

For any institutionalized individual age 21 or older who became incapable of indicating intent at or after age 21, the state of residence is the state in which the individual is physically present, except where another state makes a placement.

For any other institutionalized individual, the state of residence is the state where the individual is living with the intention to remain there permanently or for an indefinite period.

Title XIX facilities include, but are not limited to, the following: nursing homes, ICF/DD facilities, and state mental health hospitals. The same policies apply to individuals placed in temporary long term care settings such as swing beds and hospital based distinct part nursing facility beds. 1440.0309 Residency Verification (MSSI, SFP) If residency is established by intent to remain in the state, verification is only necessary when the residency statement is questionable.

Residency due to employment purposes must be verified. Verification includes but is not limited to the following:

1. home visits, 2. collateral contacts, 3. rent/mortgage or utility receipts, 4. other forms of ID, 5. driver's license records,

Chapter: 1400 Technical Requirements Program: MSSI, SFP 42 6. letter of employment offer, or 7. letter from employment agency.

1440.0310 Temporary Absence from the State (MSSI) An individual may be temporarily absent from the state if the person intends to return when the purpose of the absence has been accomplished, unless another state has determined the individual is a resident there for purposes of Medicaid. 1440.0400 IDENTITY (MSSI) The identity of each U.S. citizen applying for, or receiving Medicaid must be documented.

Exceptions: Individuals who receive SSI, Medicare (any part), Social Security Disability based on their work history and children in the care of the Department are exempt from this requirement.

The following documents are acceptable as proof of identity:

1. State driver’s license with photo or other identifying information; 2. State ID card with photo or other identifying information; 3. School ID card with photo (for children under 16, includes nursery, daycare records, or school records, including school conference records and no photo is required); 4. Clinic, doctor, or hospital record for children under 16 (except for voided Puerto Rican birth certificates after September 30, 2010); 5. U.S. military card or draft record; 6. A military dependent’s ID card; 7. Federal, state, or local government ID card with photo; 8. A certificate of Indian blood; 9. Native American tribal document; 10. Three or more of the following documents unless a fourth tier verification of citizenship was used: a. Marriage license, b. Divorce decree, c. High school diploma, d. Employer ID card, or e. Any other document from a similar source. 11. Food Stamp, CSE, Department of Corrections, child protection and DJJ data records, 12. U.S. Coast Guard merchant mariner card; or 13. Attestation (a written, signed statement under penalty of perjury) for children under age 16, or a disabled adult living in a residential facility, stating the date and place of birth. (Cannot be used if statement was used for citizenship verification.)

Do not accept a Social Security card, birth certificate, voter’s registration card or Canadian driver’s license for identity verification. 1440.0500 AGE (MSSI, SFP) Individuals must meet special age requirements to qualify for the program specific services. 1440.0507 Age Requirements (MSSI, SFP) For the ICP Program, there is no age requirement for individuals requiring skilled, intermediate, or intermediate care for the mentally retarded, institutional care benefits. However, an individual must be 65 years of age or older if care in a state mental hospital is required.

For Hospice care, individuals may be eligible regardless of age.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 43 For the OSS and HCDA Programs, the individual must be 18 or older. Refer to passage 1440.0008 for specific HCBS age requirements.

All individuals must also meet the aged, blind or disabled criteria to be determined eligible for Medicaid under SSI-Related Programs, which are discussed in passages 1440.1200 - 1440.1206. 1440.0508 Verification of Age (MSSI, SFP) The same verification sources used as proof that an individual is "aged" may be used to prove any individual's age. Refer to passage 1440.1202. 1440.1100 LIVING ARRANGEMENTS (MSSI, SFP) This section describes policies relating to eligibility and living arrangements. 1440.1103 Residents of Public Institutions/IMDs (MSSI) Individuals residing in public institutions or institutions for mental diseases (IMDs) throughout an entire calendar month are eligible to receive Medicaid, however, their coverage will be suspended. This includes inmates, prisoners, detainees, or convicts under detention or custody of a Federal, State, or local penal, correctional, or other detention facility or institution.

An institution is an establishment that furnishes food, shelter, and some treatment or services to four or more persons unrelated to the proprietor. A public institution is administrated by a governmental unit. Public institutions exist at all levels: federal, state, and local.

An IMD is an institution that is primarily engaged in providing diagnosis, treatment or care of persons with mental diseases, including medical attention, nursing care and related services.

Medical institutions (for example, hospitals, nursing homes and intermediate care facilities), or a publicly operated community residence that serves no more than 16 residents or certain child care institutions are not considered public institutions.

Residents of a state mental hospital who are age 65 or older may be eligible for Medicaid.

Exception: Children who are under 18 years of age and are placed in an IMD under the Statewide Inpatient Psychiatric Waiver Program (SIPP) remain eligible for Medicaid and their coverage must not be suspended. 1440.1104 Reduced SSI - Patients in Medical Institutions (MSSI, SFP) SSI individuals who enter a medical institution are not entitled to receive a full SSI payment, but receive a reduced payment of $30.00. This limited Federal Benefit Rate (FBR) applies if the individual is an inpatient throughout a full month and Medicaid will pay a substantial part (over 50 percent) of the cost of care. The individual is entitled to the full FBR for the month he first enters the nursing home.

If the individual has other income over $30.00, his SSI will stop and his patient responsibility will be determined using only the other income. 1440.1105 Full FBR for Temporary Institutionalization (MSSI, SFP) One exception to the reduced FBR applies to individuals who enter a nursing home for a temporary stay. If he has expenses at home and his doctor expects he will stay for less than 91 days, he can receive the full FBR for three months. The individual must provide proof of these conditions to SSA by the 10th day of the month after the month of admission. The SSI payment is for the individual's personal needs and home expenses and is not used to pay the facility or to determine patient responsibility. A supplement to the personal needs allowance is not authorized in these cases because the individual’s income exceeds the personal needs allowance.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 44

1440.1106 Receipt of Assistive Care Services (MSSI) Individuals residing in an assisted living facility, adult family care home or mental health residential treatment facility may qualify for the MEDS-AD Program if the facility in which they reside is licensed to provide assistive care services (ACS) and the individual meets all other program criteria. 1440.1200 AGED, BLIND, OR DISABLED (MSSI, SFP) An individual must be aged, blind, or disabled to be eligible for SSI-Related Medicaid. Exceptions to these criteria are individuals who qualify for QMB and SLMB benefits.

Note: To qualify for MEDS-AD, an individual must be aged or disabled. Blindness alone will not satisfy the criteria. If a blind person receiving SSA benefits applies, he should be referred to the Division of Disability Determinations (DDD). 1440.1201 Aged Requirement (MSSI, SFP) An individual must be 65 or older to be eligible for assistance on the factor of being aged.

The following exceptions are allowed: for the HCDA Program, the individual must be 60 or older unless disabled. A disabled individual must be 18 years of age or older to qualify for HCDA. 1440.1202 Age Verification (MSSI, SFP) The following are acceptable methods of age verification:

1. Social Security’s (RSHDI) determination of age, or 2. public or religious records established prior to age five indicating date of birth.

If the above are not available, two sources of verification established at least five years prior to the application date are required.

Examples of acceptable verification include but are not limited to the following:

1. birth certificates; 2. records of marriage, employment, immigration, or naturalization; 3. passports; or 4. religious records. 1440.1203 Blind/Disability Requirement (MSSI, SFP) If an individual is not aged, he must meet the factor of blindness and/or disability.

Blindness is defined as central visual acuity of 20/200 or less in the better eye with the use of a corrective lens.

Note: Blindness does not apply to the MEDS-AD Program.

Disability is defined as:

1. the inability to engage in any substantial activity due to any medically determinable physical or mental impairment, and 2. a disability which has lasted or can be expected to last for a period of at least 12 consecutive months or result in death.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 45 1440.1204 Blindness/Disability Determinations (MSSI, SFP) If the individual has not received a disability decision from SSA, a blindness/disability application must be submitted to the Division of Disability Determinations (DDD) for individuals under age 65 who are requesting Community Medicaid under community MEDS-AD, Medically Needy, and Emergency Medicaid for Alien Programs.

State disability determinations for disability-related Medicaid applications must be done for all applicants with pending Title II or Title XVI claims unless SSA has denied their disability within the past year. If SSA has denied disability within the past year and the decision is under appeal with SSA, do not consider the case as pending. Use the decision SSA has already rendered. The SSA denial stands while the case is pending appeal.

When the individual files an application within 12 months after the last unfavorable disability determination by SSA and provides evidence of a new condition not previously considered by SSA, the state must conduct an independent disability determination. Request a copy of the SSA denial letter. The SSA denial letter contains an explanation of all the conditions considered and the reason for denial.

In some regions or circuits, Children's Medical Services (CMS) and the Multi-Handicapped Assessment Team (CMAT) handle disability determinations for children under age 21.

The disability determination for the Home Care for Disabled Adults (HCDA) Program is determined by the Adult Services Counselor.

A medical prognosis with a life expectancy of six months or less satisfies the disability requirement for an individual who elects Hospice.

A level of care from the Agency for Persons with Disabilities giving an appropriate level for the iBudget Florida satisfies the disability requirement.

For individuals applying for dual programs such as OSS and MEDS-AD, the (DMRT) may be used to determine disability for both. When determining eligibility for ongoing ICP or HCBS and the individual is requesting MEDS-AD or Medically Needy for the prior months, use DMRT for both.

Note: If Social Security determines an individual is not disabled, the decision generally replaces that which was made by the state. Refer to passages 1440.1205 and 1440.1206 for guidance. 1440.1205 Exceptions to State Determination of Disability (MSSI, SFP) The state does not make a disability determination under the following conditions:

1. When an individual only applies to SSA (no application is filed with DCF and no SSI denial or ex parte is involved). 2. When an individual receives Title II disability or SSI benefits based on their own disability (not dependent or early retirement benefits). 3. When an earlier favorable federal or state determination of blindness/disability is still in effect and no unfavorable decision has been rendered by SSA. 4. When an individual is no longer eligible for SSI solely due to institutionalization. 5. When the applicant is appealing an earlier decision from SSA and claims no new disabling condition (condition not previously considered by SSA). 6. When the individual files an application within 12 months after the last unfavorable disability determination by SSA, and the individual alleges no new disabling condition or claims a deterioration of an existing condition previously considered by SSA. Refer the individual to SSA for disability reconsideration or appeal. Only request a disability decision from DDD if:

Chapter: 1400 Technical Requirements Program: MSSI, SFP 46 a. SSA refuses (or has already refused) to reconsider the unfavorable disability decision, or b. the applicant no longer meets SSI non-disability criteria such as income or assets.

The eligibility specialist must explore eligibility for Medicaid for the individual based on other coverage criteria, e.g., family-related coverage prior to exploring eligibility for disability-related Medicaid. 1440.1206 Change in Disability Determination by SSA (MSSI, SFP) When the Social Security Administration (SSA) renders a disability decision that is different than that made by DCF, the SSA decision must be adopted unless the SSA decision was based on a condition different than that which the state reviewed.

If SSA determines the individual is not disabled or that the disability has ceased, action must be taken to close the SSI-Related Medicaid benefits on FLORIDA that are based upon disability, allowing for ten days advance notice of adverse action. Should the individual file a timely appeal with SSA, Medicaid benefits must be continued, pending a final decision by SSA.

If SSA renders a favorable disability decision on a case previously determined not disabled by the Department, the Department must adopt the SSA decision. Standard application processing policy applies. 1440.1207 Blindness and/or Disability Redetermination (MSSI, SFP) Blindness and/or disability must be redetermined under the following conditions:

1. when the DMRT, hearing officer, or DDD requests a review; or 2. three years following the date of a hearing officer’s final order (in absence of a request for an alternative review date from DMRT, DDD, or the hearing officer); or 3. for a regularly scheduled review as indicated on the Transmittal for Incapacity (DCF Form 82), or the Disability Determination and Transmittal (DCF Form 2909); or 4. when the eligibility specialist becomes aware of a notable improvement in the individual's condition; or 5. when a child receiving MTA coverage is approaching his/her 18th birthday. 1440.1208 Presumptive Disability (MSSI, SFP) The eligibility specialist must refer potential expedited disability decisions for MEDS-AD and Medically Needy individuals to the Division of Disability Determinations for a presumptive disability decision. Presumptive disability is defined as a preliminary finding of disability when available evidence and/or readily observable severe categories of impairments (without obtaining medical evidence) reflect a high degree of probability that the individual is disabled. 1440.1209 Confidential Information Regarding Disability (MSSI, SFP) Any information received from DDD is treated as confidential information. If a request for this information is received, the eligibility specialist must have a release (Authorization to Release Medical Information) signed by the individual allowing the release of information to a third party.

The Financial/Medical Release form is not a release for a third party. This form only allows information to be obtained from others. It does not allow information to be released to a third party. (Also see Chapter 400 on Use of Confidential Information.) 1440.1210 How to Request a Disability Redetermination (MSSI, SFP) When requesting a disability redetermination, the eligibility specialist must submit the original Medical evidence along with updated forms to indicate the applicant’s current condition.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 47

For DDD applications, the new packet must include the following:

1. Original DDD packet; 2. New CF-ES-2909; 3. New CF-ES 2911 (Include information on physicians and treatments received since the last 2911 was completed. Enter information to indicate if the individual continues to suffer from the same condition and limitations as when last 2911 was completed. If no change in condition, the eligibility specialist may state no change or refer to previous 2911); 4. New CF-ES 2912, if mental disability is a factor; 5. New CF-ES 2514s for each medical provider who has treated the applicant; 6. Copy of hearing decision if the applicant was granted disability by the hearing officer through the appeal process. 1440.1300 APPROPRIATE PLACEMENT (MSSI) To qualify for the Institutional Care Program (ICP) or Home and Community Based Services (HCBS), or the Program for All-Inclusive Care for the Elderly (PACE), the individual must meet special institutional eligibility criteria, including “appropriate placement.”

Appropriate placement means that an individual must be placed in a facility or coverage certified to provide the type and level of care the Department has determined the individual requires.

Two basic requirements must be met for placement to be considered appropriate. These are:

1. Determined by the Department to be medically in need of the type of care provided by the specific coverage group, and 2. Actually receiving the services (or for HCBS, must be enrolled in the waiver) which the Department has determined that the individual needs.

To be appropriately placed for ICP, a person must have been determined in need of an ICP level of care (by CARES) and actually be placed in a Medicaid facility which provides the specified level of care. No level of care is required for a QMB eligible individual (Medicaid eligible individual with income less than the federal poverty level) in a nursing home during the Medicare coverage period.

For Home and Community Based Services (HCBS), to be appropriately placed, a person must be in need of waiver services and be enrolled in the waiver as documented by form CF-ES 2515 with the appropriate Aging and Disability Resource Center (ADRC).

Note: The need for a level of care is verified in the case record by the, DOEA CARES Form 603, the Notification of Level of Care. The need for a level of care and waiver services is verified in the case record by the CF-ES 2515, Certification of Enrollment for Home and Community Based Services. 1440.1301 When to Determine Need for Appropriate Placement (MSSI) A special determination to evaluate the individual's need for ICP or HCBS must be requested by the eligibility specialist at the following times:

1. application, 2. reapplication, 3. an ex parte from Community Medicaid to Long-Term Care Medicaid (ICP or HCBS), or

Chapter: 1400 Technical Requirements Program: MSSI, SFP 48 4. any time that placement in a special living arrangement or facility is not made within 45 days of a physician's signature on DOEA CARES Form 603 (Notification of Level of Care).

The eligibility specialist is not required to obtain an updated level of care determination at the time of the eligibility redetermination or when there is a change of placement for the individual between two Long-Term Care Medicaid Programs (ICP or HCBS). The DOEA CARES Form 603 or Certification of Enrollment Status for Home and Community Based Services Form (CF-ES 2515) is considered in effect until such time as the eligibility specialist is notified of a change.

There are circumstances when CARES will not need to complete another full determination. However, the eligibility specialist must request a determination in all of the above circumstances and will be notified if the current documentation is still valid. 1440.1302 Who Determines Need for Placement (MSSI) The agency or office responsible for determining the need for care depends on the applicant's age and what kind of facility or program is needed. After the eligibility specialist requests a determination, the specialist must receive DOEA CARES Form 603 (Notification of Level of Care) for nursing home placement or the Certification of Enrollment Status for Home and Community Based Services (HCBS) Form (CF-ES 2515) for HCBS waivers from the responsible office to document the specific need in the case record.

Note: The eligibility specialist does not request level of care decisions for HCBS waivers but must receive documentation of decisions from case managers, APD or CARES.

The determination will be obtained from one of the following offices:

CARES (Comprehensive Assessment and Review for Long Term Care Services), Department of Elder Affairs:

1. For ICP: determines Level of Care for applicant/recipients over age 21 in nursing facilities, swing beds or hospital based nursing facility beds. 2. For HCBS: determines if applicant/recipient meets waiver requirements for the specific HCBS waiver. 3. For PACE: determines if the applicant/recipient meets the Level of Care.

CMAT (Children’s Multidisciplinary Assessment Team), Children's Medical Services in the Department of Health:

1. For ICP: determines Level of Care for children under age 21, unless they are applicants for the Developmental Disabilities (DD) iBudget Florida Waiver. 2. For HCBS: determines if applicants meet waiver requirements for the Model Waiver.

APD (Agency for Persons with Disabilities):

1. For Intermediate Care Facility for Developmental Disabilities: Kepro determines Level of Care/Reimbursement for ICF/DD placement. 2. For HCBS: APD determines if applicant meets waiver requirements for iBudget Florida Waiver.

If the eligibility specialist is not sure who is handling this determination, or whether a determination has been requested, he should request assistance from his supervisor.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 49 1440.1303 Appropriate Placement for Institutional Care (MSSI) The Institutional Care Program (ICP) includes coverage for individuals in nursing homes, Intermediate Care Facilities for the Developmentally Disabled (ICF/DD), certain state mental hospitals for those aged 65 and over, and certain rural hospitals on a temporary basis (swing beds).

Placement is appropriate when the individual is placed in a Medicaid facility certified to provide the level of care the individual requires. The individual must be in a bed certified to provide the same level of care determined necessary by CARES.

Individuals must require one of the following levels of care:

1. Skilled, Intermediate I, or Intermediate II in a nursing home or hospital swing bed; 2. one of three types of care/reimbursements Level 1, 2 or 3 (LOR 1, LOR 2, or LOR 3) 3. appropriate care in a mental hospital for individuals age 65 and over.

The individual must be in a bed certified to provide the same level of care as determined necessary by CARES, CMAT, or APD.

Certified rural hospital swing bed providers or hospital based nursing facility bed providers can provide skilled or intermediate levels of care to individuals for a 30-day period. Prior authorization for stays beyond 30 days must be approved by CARES.

Note: For swing bed providers, 30-day extensions may be granted. For hospital based nursing facility bed providers, only one 15-day extension may be granted. 1440.1304 Appropriate Placement for Hospice Services (MSSI) An individual must meet the following requirements for appropriate placement for Hospice services.

Medical Programs - The individual must have a medical prognosis as terminally ill with a life expectancy of six months or less, if the illness runs its normal course. The written certification must be signed by the Hospice director or the physician member of the Hospice interdisciplinary group, and the individual's attending physician, if the individual has one. This certification satisfies the level of care and the disability determination requirements. No determination is made by CARES.

Election of Hospice Care - An individual must elect Hospice care services in order to receive that care, by signing and filing with the Hospice an Election Statement. An individual's representative may also make the election. The individual or his representative must designate the effective date of his election of Hospice care. The effective date is the first date of Hospice care. An effective date may not be a date that is earlier than the date the election is made. 1440.1305 Appropriate Placement for HCBS (MSSI) Individuals seeking alternatives to nursing home placement are considered for placement in the HCBS Program. The following criteria must be met for an individual to be considered appropriately placed for HCBS:

1. be determined to meet a need for waiver services as evidenced by receipt of DOEA CARE Form 603 in case record (as determined by CARES, CMAT or DS), and 2. be enrolled in a Medicaid waiver with an appropriate case manager as evidenced by a CF-ES 2515.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 50 It is the HCBS case manager’s responsibility to request a level of care (LOC) for HCBS applicants. In no situation should ACCESS staff submit requests for LOC to CARES, CMAT, DS or other entities that make LOC determinations for HCBS applicants. 1440.1306 Appropriate Placement for the HCDA Program (SFP) The individual must meet the following requirements as certified by CF-ES Form 1020 from the Adult Services counselor:

1. have a physician's statement that the resident is in danger of immediate nursing home placement and that care provided by the HCDA provider is appropriate for the well-being of the individual; and 2. have a priority need for home care services based on the scoring of the comprehensive applicant/recipient assessment. (This assessment is completed by Adult Services.)

The eligibility specialist should refer to the OSS/HCDA Desk Guide Pamphlet 140-3 (July 1, 1993) for more specific information regarding procedures for HCDA. 1440.1307 Appropriate Placement for the OSS Program (SFP) The Adult Services counselor or Mental Health case manager is responsible for evaluating the individual's needs for OSS placement in a facility most compatible with those needs. Individuals must be in an approved home or licensed facility which will provide room and board with personal care for a set charge called “provider rate”. Placements are made in one of the following types of living arrangements:

1. Adult Family Care Homes, 2. Assisted Living Facility (ALF), 3. Home for Special Services, or 4. Mental Health Residential Treatment Facility (MHRTF).

See 1440.1308 and 1440.1309 for more information on OSS placement. 1440.1308 Appropriate Placement for OSS/Absence Provision (SFP) If an individual leaves the OSS facility for a period of 30 consecutive days, the individual is no longer eligible for OSS. Therefore, action must be taken to terminate assistance and intercept the warrant for the following month.

If the individual leaves the facility with no intent to return, cancel the case immediately. A written notice is required but 10 days advance notice may be waived in this situation. (See Chapter 3400 regarding notice requirements.)

Note: If the facility becomes unlicensed and the individual will not be moving to a licensed facility, take immediate action to cancel the case providing 10 days advance notice. 1440.1309 Verification of Appropriate Placement for OSS (SFP) Appropriate placement for OSS is determined by the need for alternate care and placement in a setting which will provide that care. Form CF-ES 1006 (Alternate Care Certification for Optional State Supplementation) is required as evidence of appropriate placement and must be in the applicant/recipient's case record. The form verifies that the Adult Services counselor or Mental Heath case manager certify that the applicant/recipient needs alternate care and the applicant/recipient and provider agree that care will be provided for the specified amount.

The CF-ES 1006 (Alternate Care Certification for OSS) must be updated any time there is a change. The eligibility specialist must request the CF-ES 1006 from the Adult Services counselor, Mental Health case manager, Developmental Services counselor, or their contract providers in the following circumstances:

Chapter: 1400 Technical Requirements Program: MSSI, SFP 51

1. at time of placement, 2. at each eligibility review (certification within 3 months may be considered "current"), 3. when the individual moves from one home/facility to another, or 4. when the individual is no longer appropriate for alternate care. 1440.1310 Appropriate Placement for PACE (MSSI) Individuals seeking alternatives to nursing home placement who live in participating areas are considered for placement in the Program for All-Inclusive Care for the Elderly (PACE) Program. The following criteria must be met for an individual to be considered appropriately placed for PACE.

1. be determined to meet NEED for PACE services as evidenced by receipt of DOEA CARE form 603 in case record (as determined by CARES, and 2. elect the PACE provider as his/her sole source of Medicare and/or Medicaid service delivery.

Note: Although PACE enrollees will initially enter into the program while living at home, once enrolled and determined eligible, a participant may move to an ALF or a nursing care facility without disenrolling from PACE.

A PACE participant cannot elect Hospice while simultaneously receiving PACE services. 1440.1400 REQUIREMENT TO FILE FOR OTHER BENEFITS (MSSI, SFP) Individuals must apply for and diligently pursue to conclusion an application for all other benefits for which they may be eligible as a condition of eligibility. Individuals who apply for SFP must apply for SSI as a condition of eligibility and are required to apply for all increased benefits for which they might qualify. Need cannot be established nor eligibility determined upon failure to do so. Benefits that must be applied for include, but are not limited to:

1. Pensions from local, state, or federal government, 2. Retirement benefits, 3. Social Security benefits, 4. Veterans' benefits, 5. UC benefits, 6. Military benefits, 7. Railroad retirement benefits, 8. Workers' Compensation benefits, and 9. Medicare Part A, Part B and Part D.

Individuals applying for Medicaid on the basis of age (65 or older) or disability must apply for Medicare if the state will pay the Medicare premium, deductible or co-insurance. If the individual is not eligible for a Medicare Savings Program (MSP), there is no requirement to apply for Medicare.

The Medicare Enrollment Data Base (EDB) file received from the Center for Medicare and Medicaid Services (CMS) contains information on individuals receiving both Medicaid and Medicare. The information from the EDB file is used to automatically enroll individuals in Medicare.

The application for Social Security benefits based on age or disability is presumed to be an application for Medicare.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 52 1440.1401 VA Pensions (MSSI, SFP) Wartime veterans, their spouses and/or survivors may be entitled to certain veterans' benefits including the following:

1. VA compensation, 2. VA pensions, and 3. Allowances for dependents.

Veterans in need of nursing home care, the regular aid and attendance of another person or special services for the permanently housebound may be entitled to additional benefits such as:

1. Aid and attendance allowance, 2. Housebound allowance, and 3. Unreimbursed medical expenses.

Individuals applying for MSSI or SFP must apply for these additional benefits. Verification that the applicant/recipient has applied for these benefits must be received before approving the case.

Exception: For ICP, if the applicant/recipient was not placed at the time of application, the case may still be approved if the PAS:

1. gets supervisory authorization, and 2. has all other required verifications needed for approval (including verification of placement), and 3. sets an expected change for the following month to verify that the application for VA A&A was filed.

Note: If the applicant/recipient was placed at the time of the original application or shortly thereafter, the eligibility specialist must verify the VA application was filed before approving the case. 1440.1402 VA Improved Pension (MSSI, SFP) The Improved Pension Program, initiated December 31, 1978, may offer veterans additional benefits to the previous Old Law Pension Program. Therefore, all applicants/recipients who receive a VA pension under the old law must apply for the improved pension under the new law.

Exception: If applying for these benefits under the new law would reduce the amount of benefits received, community Medicaid recipients are not required to apply.

All applicants/individuals who currently do not receive VA benefits but appear potentially eligible must apply for the VA improved pension. 1440.1500 RECEIPT OF OTHER BENEFITS (MSSI, SFP) Individuals must receive or be eligible for benefits from other programs as a condition of eligibility for specific types of assistance. 1440.1503 Receipt of SSI (MSSI, SFP) Individuals must receive or be approved for SSI as a condition of eligibility for the following coverage groups:

1. For OSS, individuals must meet this requirement if they are potentially eligible for SSI. 2. For Protected Medicaid, individuals must have received SSI and Social Security Disability benefits in the same month prior to cancellation of SSI.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 53 1440.1504 Receipt or Entitlement to Medicare Part A (MSSI) Individuals must be enrolled in Medicare Part A as a condition of eligibility for Qualified Medicare Beneficiary (QMB).

When a person who is otherwise eligible for QMB (for example, someone who has reached age 65, and is a US resident, a citizen or lawful permanent resident, with income at or below 100% of the federal poverty level, assets within QMB asset limit) but does not have Part A, they must go the Social Security Administration to enroll for Medicare. The usual open enrollment period does not apply. SSA needs only a letter from DCF stating the person is QMB eligible and the state will pay the premium. This is what is referred to as conditionally enrolled.

Individuals must be enrolled in Medicare Part A as a condition of eligibility for Special Low- Income Medicare Beneficiary (SLMB) and Qualifying Individuals 1 (QI1). To qualify for SLMB or QI1, an individual must have either free Part A or their Part A premiums must be paid by someone other than the state. Medicare beneficiaries whose Medicare claim number ends in “M” do not have free Part A and, therefore, do not qualify for SLMB or QI1 benefits unless they are paying their own premium or someone other than the state is paying their premium.

Individuals must be entitled to enroll for hospital insurance benefits as determined by SSA as a condition of eligibility for working disabled benefits. 1440.1600 ASSIGNMENT OF RIGHTS FOR TPL (MSSI) This section discusses the requirement for assigning to the state any right to any third party payment (TPP) for medical care. 1440.1601 Assignment of Rights to TPP (MSSI) Individuals must assign to the state their right to any third party payment for medical care.

When a child resides with a nonrelative, the child's parent, caretaker relative, or the designated official of the facility must cooperate with the state in obtaining third party payments. They must assign to the state, when legally able, the rights of the child to any third party payments.

Third party payments include but are not limited to the following:

1. insurance policies, 2. court ordered medical support, and 3. irrevocable trusts which provide for medical expenses (under Florida law this assignment is automatic when receiving Medicaid, and the individual's signature on the application acknowledges the assignment). 1440.1602 Identification of Third Party Liability (MSSI) Individuals must cooperate in identifying all potential third parties who may be liable to pay for their care. An individual who refuses to cooperate is ineligible for assistance unless the individual has good cause not to cooperate. Inability to provide the requested information does not constitute refusal to cooperate. If good cause does not exist, the needs of the individual must be removed from the SFU; however, the individual's income and/or assets must be considered. This individual continues to be entitled to the earned income disregards, if otherwise eligible.

Good cause includes situations in which the individual claims that the revealing of third party sources would result in physical or emotional harm to the individual. Cases involving good cause should be referred through the Region or Circuit Program Office to Headquarters for clearance.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 54 1440.1700 CHILD SUPPORT COOPERATION (MSSI) Under state and federal law, the state must take action to locate non-custodial parents, establish paternity, and secure all child support, medical support, or other benefits for children receiving public assistance.

Applicants for and recipients of Temporary Cash Assistance and Medicaid (including caretaker relatives receiving Temporary Cash Assistance) must cooperate with Child Support Enforcement (CSE) as a condition of eligibility; unless it is determined that good cause for non-cooperation with CSE exists.

Exceptions: Emergency Medicaid for Aliens (EMA), transitional Medicaid, and Child Only Medicaid cases.

Under federal law, a parent’s cooperation in establishing paternity, assigning rights to medical support and payments, and providing information about liable third parties cannot be required as a condition of a child’s eligibility for Medicaid. Therefore, states are not required to ask about paternity or to seek cooperation in pursuing medical support and third party payments when an application is filed, or a redetermination is done, only on behalf of the child. 1440.1702 Child Support Cooperation Requirements (MSSI) Cooperation with Child Support Enforcement (CSE) by a parent or caretaker relative is required when:

1. the parent or caretaker relative is applying for or receiving Temporary Cash Assistance for a child(ren), 2. paternity has not been established and the alleged father is not in the home, 3. but one or both parents are absent from the home, and 4. good cause for non-cooperation does not exist as determined by CSE.

The parent or caretaker relative must cooperate with the following:

1. identifying and locating the parent(s) of the child, 2. establishing the paternity of the child, and 3. obtaining child support payments for the child.

Note: This policy does not apply to children in Institutional Care Facilities for the Developmentally Disabled (ICF/DDs) or for child only cases. 1440.1704 Definition of Cooperation (MSSI) Cooperation includes the following:

1. providing complete information required to obtain child support (if information about the non-custodial parent is known by the applicant/recipient but is withheld, the applicant/recipient may face a possible penalty of perjury); 2. completing and signing affidavits attesting to paternity of the child; 3. making court appearances and providing testimony in paternity hearings and support actions; and 4. reporting to the eligibility specialist within 10 calendar days payments of child support made directly to the parent or caretaker relative. 1440.1705.01 Definition of Non-custodial Parent (MSSI) The term "non-custodial parent" refers to:

1. non-custodial (absent) legal fathers,

Chapter: 1400 Technical Requirements Program: MSSI, SFP 55 2. non-custodial (absent) mothers, and 3. all putative (non-legal biological) fathers. 1440.1705.02 Legal Father and Natural Father (MSSI) If both a legal and putative father exists, or the responsibility for support is not clear, the parent or caretaker relative must provide information on both the legal and putative father. 1440.1706 Cooperation by a Pregnant Woman (MSSI) In order to receive Medicaid benefits, a pregnant woman is not required to cooperate with CSE during the pregnancy. The pregnant woman can receive Medicaid for herself only. 1440.1707 Good Cause for Failure to Cooperate (MSSI) Cooperation in establishing paternity and/or securing support may be contrary to the best interest of the family. In those situations, a parent or caretaker relative may have good cause for not cooperating. Child Support Enforcement (CSE) must advise these individuals of reasons for good cause.

The eligibility specialist must refer the individual to CSE even when it appears that good cause exists. 1440.1708 Reasons for Good Cause (MSSI) Good cause is determined by Child Support Enforcement (CSE). Good cause may exist when cooperation in establishing paternity or securing child support could result in one of the following conditions:

1. physical harm to the child - examples are broken bones, bruises, burns, lacerations, etc.; 2. emotional harm to the child - examples are poor school performance, sleep disturbances, self-destructive behavior, eating disorders, etc.; 3. physical harm to the parent or caretaker relative which reduces the individual's capacity to care for the child adequately (such as life threatening injury); or 4. emotional harm to the parent or caretaker relative to such a degree that the individual's capacity to adequately care for the child is diminished (such as any psychological disorder or dysfunction which has a serious impact on the individual's abilities as a caretaker).

Good cause may also exist under the following circumstances:

1. the child was conceived as a result of incest or forcible rape, 2. legal proceedings for the adoption of the child are pending before a court, or 3. the parent or caretaker relative is being assisted by a public or licensed private social agency to determine whether or not to relinquish the child for adoption (this circumstance is valid for three months). 1440.1709 Failure to Cooperate (MSSI) When the parent or caretaker relative refuses to provide information regarding the non-custodial parent during an application or eligibility review, the eligibility specialist must review child support cooperation requirements with the individual. Deny the application for Medicaid for the noncompliant adult unless the adult is pregnant and meets all other factors of eligibility. Medicaid for children will be approved if they meet all other factors of eligibility.

Note: If the individual who failed to cooperate was a child in a parent's grant (a teen parent), the child would not be removed from Medicaid eligibility and the child's parent would not be eligible for Medicaid.

Chapter: 1400 Technical Requirements Program: MSSI, SFP 56 Deny Medicaid assistance for an adult subject to child support cooperation if he/she does not express an intent to claim good cause or the intent to cooperate with Child Support Enforcement and authorize benefits for the other household members, if eligible. A referral to the Department of Revenue, Child Support Enforcement Agency to establish cooperation is not necessary when the individual expresses intent not to cooperate or claim “good cause”. 1440.1710 CSE Reports of Failure to Cooperate (MSSI) When Child Support Enforcement (CSE) directs the eligibility specialist to impose sanctions based upon a cash assistance group member's (including a child in a parent's grant in the case of a teen parent) noncompliance with Child Support Enforcement requirements, the eligibility specialist will:

1. take immediate action to impose sanctions on the entire cash assistance group. The applicant/recipient may reapply for the optional member(s), 2. take immediate action to remove the noncompliant individual from Medicaid unless that person is pregnant, and Note: (If pregnant, women will remain Medicaid eligible during the pregnancy and postpartum period as long as they meet all other factors of eligibility.) 3. apply "Riverside" provisions to the food stamp assistance group. 1440.1711 Ending Sanction (MSSI) Eligibility staff must:

1. Remove the sanction upon Child Support Enforcement’s request that the individual complied. 2. Add the individual back to Medicaid assistance (must meet all other factors of eligibility). 3. Not require an application.

Remove CSE imposed sanctions for noncooperation without CSE approval in the following situations:

1. When the last child subject to cooperation leaves the home. 2. When the last child subject to cooperation turns 18. 3. When the absent parent, based on established legal paternity, moves into the home and 4. When a non-legal parent moves into the home and completes the DH 432 acknowledging paternity and staff forwards the completed DH 432 to CSE or the Department of Health State Office of Vital Statistics.

The effective date for adding the sanctioned individual is retroactive to the first day of the month of compliance.

Table of Contents Assets (RAP/CIC) i 1650.0000 Child In Care ............................................................... 1 1650.0100 ASSET DEFINITION (CIC) ....................................................................................... 1 1650.0200 ASSET LIMITS (CIC) ................................................................................................ 1 1650.0206 Verification of Assets (CIC) .................................................................................. 1 1650.0300 ASSET OWNERSHIP AND AVAILABILITY (CIC) .................................................. 1 1650.0301 Joint Ownership (CIC) .......................................................................................... 1 1650.0302.01 Joint Ownership of Bank Accounts (CIC) ........................................................ 2 1650.0302.03 Rebuttal of Ownership (CIC)............................................................................ 2 1650.0304 Ownership of Real Property (CIC) ........................................................................ 2 1650.0305.02 Shared Ownership of Real Property (CIC) ...................................................... 3 1650.0308 General Availability (CIC) ..................................................................................... 3 1650.0309 Availability of Trusts (CIC) .................................................................................... 3 1650.0316 Legal Restrictions to Availability (CIC) ................................................................. 3 1650.0321 Assets Unavailable/Circumstances Beyond Control (CIC) .................................. 3 1650.0400 GENERAL DETERMINATION OF ASSET VALUE (CIC) ....................................... 4 1650.0401 Time When Asset Value Affects Eligibility (CIC) .................................................. 4 1650.0402 Asset Eligibility (CIC) ............................................................................................ 4 1650.0404 When Asset Value Affects Eligibility (CIC) ........................................................... 4 1650.0406 Determining Asset Value (CIC) ............................ Error! Bookmark not defined. 1650.0407 Definition of Actual Value (CIC) ............................................................................ 4 1650.0409 Conversion of Assets (CIC) .................................................................................. 4 1650.0410 Excluded Assets Replacement (CIC) ................................................................... 5 1650.0500 ASSETS: DEFINITIONS AND VALUE DETERMINATIONS (CIC) ........................ 5 1650.0501 Bank Accounts (CIC) ............................................................................................ 5 1650.0502 Checking and Savings Accounts (CIC) ................................................................ 5 1650.0504 Time Deposits (CIC) ............................................................................................. 5 1650.0505 Retirement Accounts and Pension Plans (CIC) ................................................... 5 1650.0506 Verification of Bank Account (CIC) ....................................................................... 6 1650.0507 Burial Contracts and Other Burial Assets (CIC) ................................................... 6 1650.0508 Funeral Agreement (CIC) ..................................................................................... 6 1650.0515 Burial Spaces/Plots (CIC) ..................................................................................... 6 1650.0517 Verification of Burial Spaces (CIC) ....................................................................... 6 1650.0518 Cash (CIC) ............................................................................................................ 7 1650.0519 Verification of Cash (CIC) ..................................................................................... 7 1650.0522 Money from Excluded Asset (CIC) ....................................................................... 7 1650.0524 Crops and Livestock for Home Use (CIC) ............................................................ 7 1650.0525 Verification (CIC) .................................................................................................. 7 1650.0526 Disaster Assistance from Government Sources (CIC) ......................................... 7 1650.0531 Business Inventory (CIC) ...................................................................................... 8 1650.0532 Verification (CIC) .................................................................................................. 8 1650.0534 Home (CIC) .......................................................................................................... 8 1650.0541.01 Good Faith Effort to Sell (CIC) ......................................................................... 8 1650.0541.02 Exclusion Period (CIC) .................................................................................... 9 1650.0541.03 Verification (CIC) ............................................................................................. 9 1650.0541.04 Property is Sold (CIC) ...................................................................................... 9 1650.0550 Indian Land (CIC) ................................................................................................. 9 1650.0553 Life Insurance (CIC) ............................................................................................. 9 1650.0555 Verification of Life Insurance (CIC) ...................................................................... 9 1650.0556 Loans (CIC) ........................................................................................................ 10

Table of Contents Assets (RAP/CIC) ii 1650.0562 Student Grants, Loans and Scholarships (CIC) ................................................. 10 1650.0563 Personal Property (CIC) ..................................................................................... 10 1650.0566 Stocks and Bonds (CIC) ..................................................................................... 10 1650.0567 Definition of Stocks (CIC) ................................................................................... 11 1650.0568 Stock in a Close Corporation (CIC) .................................................................... 11 1650.0570 Mutual Fund Shares (CIC).................................................................................. 11 1650.0571 Bonds (CIC) ........................................................................................................ 11 1650.0572 Savings Bonds (CIC) .......................................................................................... 12 1650.0577 Real Property (CIC) ............................................................................................ 13 1650.0578 Real Estate (CIC) ............................................................................................... 13 1650.0580 Value of Real Property (CIC) .............................................................................. 13 1650.0583 Vehicles (CIC) .................................................................................................... 13 1650.0589 Other Recreational Vehicles (CIC) ..................................................................... 13 1650.0590 Increases/Decreases to Value (CIC) .................................................................. 13 1650.0593 Assets Excluded by Federal Law (CIC) .............................................................. 14 1650.0600 TRANSFER OF ASSETS (CIC) ............................................................................. 16 1650.0603 Transfer of Assets Affecting Eligibility (CIC) ....................................................... 17 1650.0604 Net Value from Disposition (CIC) ....................................................................... 17 1660.0000 Refugee Assistance Program ................................. 18 1660.0100 ASSET DEFINITION (RAP) ................................................................................... 18 1660.0200 ASSET LIMITS (RAP) ............................................................................................ 18 1660.0206 Verification of Assets (RAP) ............................................................................... 18 1660.0300 ASSET OWNERSHIP AND AVAILABILITY (RAP) ............................................... 18 1660.0301 Joint Ownership (RAP) ....................................................................................... 18 1660.0302.01 Joint Ownership of Bank Accounts (RAP) ..................................................... 19 1660.0302.03 Rebuttal of Ownership (RAP) ........................................................................ 19 1660.0304 Ownership of Real Property (RAP) .................................................................... 19 1660.0305.02 Shared Ownership of Real Property (RAP) ................................................... 20 1660.0308 General Availability (RAP) .................................................................................. 20 1660.0310 Availability of Assets in a Foreign Country (RAP) .............................................. 20 1660.0316 Legal Restrictions to Availability (RAP) .............................................................. 20 1660.0321 Assets Unavailable/Circumstances Beyond Control (RAP) ............................... 20 1660.0400 GENERAL DETERMINATION OF ASSET VALUE (RAP) .................................... 20 1660.0401 Time When Asset Value Affects Eligibility (RAP) ............................................... 21 1660.0402 Asset Eligibility (RAP) ......................................................................................... 21 1660.0404 When Asset Value Affects Eligibility (RAP) ........................................................ 21 1660.0406 Determining Asset Value (RAP) ........................... Error! Bookmark not defined. 1660.0407 Definition of Actual Value (RAP) ........................................................................ 21 1660.0409 Conversion of Assets (RAP) ............................................................................... 21 1660.0410 Excluded Assets Replacement (RAP) ................................................................ 21 1660.0500 ASSETS: DEFINITIONS AND VALUE DETERMINATIONS (RAP) ..................... 21 1660.0501 Bank Accounts (RAP) ......................................................................................... 22 1660.0502 Checking and Savings Accounts (RAP) ............................................................. 22 1660.0504 Time Deposits (RAP) .......................................................................................... 22 1660.0505 Retirement Accounts and Pension Plans (RAP) ................................................ 22 1660.0506 Verification of Bank Account (RAP) .................................................................... 22 1660.0507 Burial Contracts and Other Burial Assets (RAP) ................................................ 23 1660.0508 Funeral Agreement (RAP) .................................................................................. 23

Table of Contents Assets (RAP/CIC) iii 1660.0515 Burial Spaces/Plots (RAP).................................................................................. 23 1660.0517 Verification of Burial Spaces (RAP) .................................................................... 23 1660.0518 Cash (RAP) ........................................................................................................ 23 1660.0519 Verification of Cash (RAP).................................................................................. 23 1660.0522 Money from Excluded Asset (RAP) .................................................................... 24 1660.0524 Crops and Livestock for Home Use (RAP) ......................................................... 24 1660.0525 Verification (RAP) ............................................................................................... 24 1660.0526 Disaster Assistance from Government Sources (RAP) ...................................... 24 1660.0531 Business Inventory (RAP) .................................................................................. 24 1660.0532 Verification (RAP) ............................................................................................... 25 1660.0541.01 Good Faith Effort to Sell (RAP)...................................................................... 25 1660.0541.02 Exclusion Period (RAP) ................................................................................. 25 1660.0541.03 Verification (RAP) .......................................................................................... 25 1660.0541.04 Property is Sold (RAP) ................................................................................... 25 1660.0550 Indian Land (RAP) .............................................................................................. 26 1660.0553 Life Insurance (RAP) .......................................................................................... 26 1660.0555 Verification of Life Insurance (RAP) ................................................................... 26 1660.0556 Loans (RAP) ....................................................................................................... 26 1660.0562 Student Grants, Loans and Scholarships (RAP) ................................................ 27 1660.0563 Personal Property (RAP) .................................................................................... 27 1660.0577 Real Property (RAP) ........................................................................................... 27 1660.0578 Real Estate (RAP) .............................................................................................. 27 1660.0583 Vehicles (RAP) ................................................................................................... 27 1660.0589 Other Recreational Vehicles (RAP) .................................................................... 27 1660.0590 Increases/Decreases to Value (RAP) ................................................................. 28 1660.0593 Assets Excluded by Federal Law (RAP) ............................................................ 28 1660.0600 TRANSFER OF ASSETS (RAP) ............................................................................ 31 1660.0603 Transfer of Assets Affecting Eligibility (RAP) ..................................................... 31 1660.0604 Net Value from Disposition (RAP) ...................................................................... 31

Chapter: 1600 Assets Program: CIC 1 1650.0000 Child In Care Each individual's assets must be considered to determine eligibility for public assistance.

This chapter presents requirements for determining eligibility based on assets. The chapter discusses policy for the following topics:

1. Asset Definition, 2. Asset Limits, 3. Asset Ownership and Availability, 4. General Determination of Asset Value, 5. Types of Assets: Definitions and Value Determinations, and 6. Transfer of Assets. 1650.0100 ASSET DEFINITION (CIC) This policy pertains to Title IV-E eligible children only. There is no asset limit or test for children in care that are Non Title IV-E Medicaid eligible.

Assets, liquid or nonliquid, are assets or items of value that are owned (single or jointly) by an individual who has access to the cash value upon disposition.

Liquid assets are cash assets or assets that are payable in cash on demand. Nonliquid assets are assets that cannot be readily converted to cash.

Assets of each member of the SFU must be determined. A determination of whether each asset should be included or excluded must be made. 1650.0200 ASSET LIMITS (CIC) The asset limit is the maximum amount of liquid and/or nonliquid assets that an assistance group can retain and remain eligible for public assistance.

The total countable assets for Title IV-E Child in Care cannot exceed $10,000.00. 1650.0206 Verification of Assets (CIC) Verification of all assets, except cash, is required when the total assets of the SFU are within $100 of the asset limit. The individual’s statement of the amount of cash is accepted. If it is clear from the individual’s statement that total assets exceed the limitation or if the individual is ineligible on another factor, assets need not be verified. 1650.0300 ASSET OWNERSHIP AND AVAILABILITY (CIC) Any individual who has the legal ability to dispose of an asset is considered the owner of the asset. The type of ownership (single or joint) of an asset determines to whom the asset is available and the value that is counted to the individual. 1650.0301 Joint Ownership (CIC) Joint ownership exists when the legal right to dispose of an asset is shared by more than one individual.

Chapter: 1600 Assets Program: CIC 2 1650.0302.01 Joint Ownership of Bank Accounts (CIC) When an individual is a joint account holder who has unrestricted access to the funds in the account, you must presume all of the funds in the account are owned by the individual. This presumption is made regardless of the source of the funds.

If the individual alleges the funds in the account belong to someone else, you must allow the individual to submit evidence to challenge this presumption. If the challenge is successful, do not count the funds in the account as an asset to the individual for any month. (If the individual never owned the funds, they were never his.) If the challenge to the presumption of ownership is not successful, you must consider the funds as an asset to the individual. This policy applies to checking accounts, savings accounts, certificates of deposit and other jointly owned financial accounts.

When an individual is a joint owner of an account, the amount that must be considered as an asset depends on:

1. whether the other joint owner is an applicant or recipient; and 2. the individual's actual ownership interest in the funds in the account.

If the joint owner(s) is an applicant/recipient enrolled or eligible for Medicaid, the total funds in the account are presumed to be equally shared.

If the joint owner(s) is not an applicant/recipient enrolled or eligible for Medicaid, the entire balance of the account is considered as the asset value. 1650.0302.03 Rebuttal of Ownership (CIC) When an individual has unrestricted access to the funds in a joint account but does not consider himself an owner of part or all of the account funds, the individual must be allowed to prove non- ownership of the funds. The individual must provide proof that the account funds are not used to meet his needs. In addition, the individual must explain why his name is on the account.

In order to successfully rebut full or partial ownership, the individual must provide the following three items.

First, the individual must provide a written statement describing:

1. any claims about ownership of the funds or interest from the funds; 2. the reasons for establishing the joint account; 3. the individual that made deposits to and withdrawals from the account; and 4. information on how withdrawals were spent.

Second, the individual must provide a written statement from the other joint owner(s) confirming this information.

Third, the individual must provide documentation from the financial institution that the individual's name has been removed from the account or the individual no longer has access to the funds in the account. This is not considered to be a transfer of assets. 1650.0304 Ownership of Real Property (CIC) Ownership of real property can consist of an interest in the title or a right to the use of the property without title to the property. The owner of real property is generally the individual who has legal title and the right to control the property.

Chapter: 1600 Assets Program: CIC 3 1650.0305.02 Shared Ownership of Real Property (CIC) When the individual shares ownership with another individual or other individuals, only the individual's ownership interest is included. If there is no documentation defining the portion owned by each individual owner, all owners are assumed to have equal shares in the property.

If the individual cannot sell his share of the property without the consent of the other owner and the other owner refuses to give his consent, the property cannot be considered a countable asset. 1650.0308 General Availability (CIC) Once the individual's ownership interest of an asset(s) is established, the availability of that asset must be determined. Asset(s) determined not to be available are not considered in determining eligibility on the factor of assets.

Assets are considered available to an individual when the individual has unrestricted access to the funds.

Accessibility depends on the legal structure of the account or property. An asset is countable if the asset is available to a representative possessing the legal ability to make the asset available for the individual's support and maintenance, even though the individual may not choose to do so.

Assets not available due to legal restrictions or factors beyond an individual's control are not considered in determining total available assets. The only exception to this rule occurs when the legal restrictions were caused or requested by the individual. 1650.0309 Availability of Trusts (CIC) Any funds in a trust or funds transferred to a trust, and the income produced by such trust(s), may be excluded if the trust is irrevocable. Trust funds are considered to be irrevocable when the family does not have the legal ability to convert the funds to cash that can be used for the family's support and maintenance. Savings in excess of the asset limit can be preserved while a family receives TCA (or Family-Related Medicaid) if the savings are placed in an irrevocable trust.

Each trust account must be evaluated to determine the accessibility. The source of funds is not controlling in the availability determination. 1650.0316 Legal Restrictions to Availability (CIC) In general, assets are considered available unless the applicant/recipient asserts otherwise. If the individual claims an asset is unavailable due to legal restrictions, the eligibility specialist will request supporting evidence and make an independent assessment of the availability based on the evidence presented. An individual may be restricted by law from disposing of owned assets. If an asset is unavailable due to legal restrictions, it is not considered an includable asset. Additional guidance can be requested from the Region or Circuit Program Office, Circuit Legal Counsel or Headquarters through the Region or Circuit Program Office. 1650.0321 Assets Unavailable/Circumstances Beyond Control (CIC) Assets unavailable due to circumstances beyond the individual's control are not considered in the determination of eligibility.

The individual must present convincing evidence to prove the asset is unavailable to him due to circumstances beyond his control. The eligibility specialist will make an independent assessment of the availability based on the evidence presented. Additional guidance can be requested from the Region or Circuit Program Office, Circuit Legal Counsel, or Headquarters through the Region or Circuit Program Office.

Chapter: 1600 Assets Program: CIC 4 1650.0400 GENERAL DETERMINATION OF ASSET VALUE (CIC) The value of an individual's assets is based on the total value of the assets at the time they become available. In order to be eligible, an individual's assets must be within the program limits at the time of application disposition. 1650.0401 Time When Asset Value Affects Eligibility (CIC) The point in time when an asset determination is made may depend on the program and whether the eligibility specialist is processing an application or conducting an eligibility review. Passages 1650.0402 and 1650.0404 describe program specific policy in this area. 1650.0402 Asset Eligibility (CIC) Assets must be equal to or below program limits as of the application disposition date to be eligible for ongoing assistance. Assets must be equal to or below program limits as of the date of the interview. 1650.0404 When Asset Value Affects Eligibility (CIC) Assets must be equal to or below program limits for:

1. the month of application, as of the date of application; 2. the month of disposition, as of the date of disposition; and 3. any other month, as of the first day of that month.

This policy applies to the Title IV-E Foster Care Program. 1650.0406 Determining Asset Value (CIC) The amount of the asset included is the actual value of the asset minus indebtedness. Indebtedness is the amount needed to satisfy contract terms that must be met to establish ownership of the asset. Do not count income as an asset in the month received. This does not apply to SSI lump sums (see 2640.0421). Any income which is not spent in the month received becomes an asset the month following the month of receipt. Therefore, when determining asset value in a particular month, it may be necessary to deduct income added to the asset the same month.

Cash value and indebtedness determinations will be discussed for each type of asset. 1650.0407 Definition of Actual Value (CIC) For assets that are in cash, or payable in cash on demand, the actual value is the cash value. For other forms of assets, the actual value is the fair market value (the amount of cash that could be received by selling or converting the asset). 1650.0409 Conversion of Assets (CIC) Proceeds, including cash, from the sale of an asset or conversion of an asset from one form to another are considered assets rather than income. The proceeds of the item to which the asset is converted must be evaluated to determine if they affect eligibility, and if so, the value of the new asset.

Verification concerning the new asset must be obtained regardless of whether a liquid or nonliquid asset is involved. For example, an individual may have an automobile (nonliquid asset) which he sells for cash (liquid asset), or he may have cash that he uses to purchase an automobile. In either case, the conversion or sale does not result in income to the individual. The newly acquired item is an asset subject to all asset valuation policy.

Chapter: 1600 Assets Program: CIC 5 1650.0410 Excluded Assets Replacement (CIC) Exclude cash and in-kind replacements (including any interest) received from any source for the purpose of replacing or repairing a lost, damaged, or stolen excluded asset. Apply the exclusion as long as the individual continues to use the funds for the replacement or repair of the lost, damaged or stolen excluded resource. 1650.0500 ASSETS: DEFINITIONS AND VALUE DETERMINATIONS (CIC) The different types of liquid and nonliquid assets are discussed alphabetically in the following subsections. The policies assume that the assets are owned by and available to the individual unless noted otherwise. Refer to policy on asset ownership and availability described in Section 1650.0300. Refer also to Chapter 2200, Standard Filing Unit, which describes whose assets must be considered. 1650.0501 Bank Accounts (CIC) Bank accounts refer to funds in a bank, credit union, savings and loan association or any other financial institution that are usually payable on demand. Interest earned on bank accounts is excluded as unearned income.

This section provides information on:

1. checking and savings accounts; 2. convenience bank accounts; 3. time deposits, including Individual Retirement Accounts and Keogh Plans; and 4. special accounts for medical services. 1650.0502 Checking and Savings Accounts (CIC) The asset value is the balance in the account on the date on which eligibility is established. If the total asset value of the account does not affect eligibility, it is not necessary to determine the amount of any transactions that have not cleared the account or the individual's portion of a joint bank account. However, the individual still may be given the opportunity to rebut full or partial ownership to ensure that future changes to the account will not affect his eligibility.

Passages 1650.0504 - 1650.0506 discuss policy for bank account assets. Refer to passages 1650.0300 - 1650.0302.03 and 1650.0308 - 1650.0321 for ownership and availability policies for bank accounts. 1650.0504 Time Deposits (CIC) The availability of funds is the deciding factor in determining if a time deposit is an asset. Time deposits such as a savings certificate or certificate of deposit usually are available to the individual and are included as assets.

Any interest penalties imposed for withdrawing the time deposit funds prior to maturity are deducted from the total amount when determining the value of the time deposit asset. Interest penalties may involve a reduction in the interest rate and/or loss of interest for a short period of time.

Some time deposits cannot be withdrawn prior to maturity under any circumstances. Funds in this type of account are not included as an asset until they reach maturity and become available.

Any interest retained after the month it is available is included as an asset. 1650.0505 Retirement Accounts and Pension Plans (CIC) Exclude all retirement accounts and pension plans. Count distributed funds as:

Chapter: 1600 Assets Program: CIC 6

1. unearned income if made available through installment payments, or 2. an asset in the month received if made available as a lump sum payment.

1650.0506 Verification of Bank Account (CIC) Information required for verification of an individual's bank account assets includes the:

1. type of account; 2. name and location of the financial institution; 3. names of any joint owners; and 4. amount of the balance.

The current bank account statement or other statements from the facility are verification sources.

Verification of a time deposit certificate must include information on when the funds can be withdrawn and any penalties for early withdrawal. If the individual cannot provide this information, the eligibility specialist must request the information from the individual's financial institution. 1650.0507 Burial Contracts and Other Burial Assets (CIC) This section provides information on burial related assets such as:

1. funeral agreements, 2. prepaid burial contracts, 3. irrevocable burial trusts, 4. burial exclusion policy, and 5. burial spaces. 1650.0508 Funeral Agreement (CIC) Funeral agreements are any arrangements with a legitimate funeral service provider to pay for burial expenses. Examples of funeral agreements include items such as burial trusts and any burial contracts regardless of whether they are revocable or irrevocable.

Each assistance group member can exclude a maximum of $1,500 of equity value in a single funeral agreement. Any additional funeral agreement amounts are included as an asset. 1650.0515 Burial Spaces/Plots (CIC) The following are considered burial spaces or plots:

1. conventional grave sites, 2. crypts, 3. mausoleums, and 4. urns. 1650.0517 Verification of Burial Spaces (CIC) Sources of verification include documents such as deeds to cemetery lots or sales contracts for the purchase of cemetery lots.

There may be more than one gravesite per burial plot. If there is a question as to what constitutes a burial plot the case must be examined by the Circuit Legal Counsel.

For funeral agreements, verification includes copies of the funeral contract or agreement or a letter from the funeral services provider outlining the type and terms of the contract.

Chapter: 1600 Assets Program: CIC 7 1650.0518 Cash (CIC) Cash includes money the individual owns no matter where it is located. 1650.0519 Verification of Cash (CIC) The individual must provide information on the amount of cash available. While an individual's statement of actual cash on hand is accepted without verification, the individual must be made aware that cash on hand includes amounts:

1. in the individual's personal possession; 2. the individual may have at home; and 3. being held for the individual elsewhere. 1650.0522 Money from Excluded Asset (CIC) Money received from an excluded income and asset source that is deposited in a savings account is excluded.

If the balance in the account is not identifiable as coming from the excluded source, the balance (minus any new deposits from excluded sources) counts as an asset the next month. 1650.0524 Crops and Livestock for Home Use (CIC) Any crops or livestock grown or retained solely for the SFU's own use is excluded. 1650.0525 Verification (CIC) The individual's statement as to the disposition of crops and livestock can be accepted unless it is inconsistent with other information on the individual's financial status. If there are inconsistencies or questions, the local county agricultural agent can assist in determining whether the individual is engaged in farming as a business enterprise. 1650.0526 Disaster Assistance from Government Sources (CIC) Permanently exclude:

1. payments, including disaster unemployment assistance, received under the Disaster Relief Act of 1974 {P.L. 93-288, Section 312(d)}, as amended by the Disaster Relief and Emergency Assistance Amendments of 1988 {P.L., 100-707, Section 105(i)] from assets. 2. National Flood Insurance Program (NFIP) payments made under the National Flood Insurance Act of 1968, as amended by Public Law 109-64, enacted on September 20, 2005.

Exclude interest earned on disaster assistance payments from assets.

Excluded funds must be identifiable. Encourage the individual to maintain a separate account for excluded funds if possible. When excluded funds are commingled in an account with other funds assume that non-excluded funds are withdrawn first.

Disaster assistance funds are not restricted to restoration of a home but are subject to legal sanction if misused.

Sources of verification of disaster assistance include official government notices, disaster loan or grant documents, and the individual's financial records of deposits, withdrawals and expenditures.

Chapter: 1600 Assets Program: CIC 8 1650.0531 Business Inventory (CIC) Property/inventory related to a business (a farm operated for profit) is included as an asset. The net value of the business inventory is the current market value minus any indebtedness. Business inventory includes items such as equipment, machinery or livestock.

The individual must provide information on:

1. the ownership of each item; 2. the type, make, model, and age of machinery; 3. the kinds and number of livestock; and 4. the amount of indebtedness on each item. 1650.0532 Verification (CIC) Sources of verification for farm business inventory include items such as:

1. inventory reports for equipment filed with the county tax assessor; 2. statements from reputable businesses knowing resale value of items; or the county agricultural agent. 1650.0534 Home (CIC) Home property is excluded as an asset, regardless of its value, if it is the individual's principal place of residence. Only one residence can be excluded under this provision.

A home is any shelter in which the individual has an ownership interest and that is used by the individual (and spouse, if any) as the principal place of residence. The home may be real or personal property, fixed or mobile, and located on land or water. The home includes all the land that appertains to it and the buildings located on such land. Houses, cooperative and condominium apartments, mobile homes, motor homes, and houseboats are examples of shelters that may qualify for exclusion. 1650.0541.01 Good Faith Effort to Sell (CIC) When the individual is making a good faith effort to sell property, it can be excluded for up to nine months if the family agrees to use the proceeds from the sale to repay the Temporary Cash Assistance received. The individual must provide evidence of good faith effort to sell the property prior to approval for assistance.

The parent or relative must sign a CF-ES 2672 form, Real Property Agreement, in the presence of a witness acknowledging that:

1. the family owns real property the value of which exceeds the $2,000 asset limit (or, when combined with other assets, the total value exceeds the limit), and 2. the family agrees to dispose of the property and to make repayment of any Temporary Cash Assistance benefits that would not have been received had disposal occurred at the beginning of the exclusion period.

Passages 1650.0541.02 - 1650.0541.04 provide additional policy on the nine month exclusion period.

Chapter: 1600 Assets Program: CIC 9 1650.0541.02 Exclusion Period (CIC) The period of exclusion is nine months, or until the property is sold, whichever is sooner.

Any proceeds from the sale remaining after repayment of excess TCA benefits are included as assets.

The individual’s case must be closed if the excluded property is not sold during the nine month period or the individual becomes ineligible for any other reason during the exclusion period. The effective date of the case closing is the month after the end of the exclusion period. 1650.0541.03 Verification (CIC) Sources of verification of the good faith effort to sell include documents such as a written statement from a real estate dealer, clippings of advertisements less than 30 days old, or copies of conditional sales contracts. 1650.0541.04 Property is Sold (CIC) Overpayment does not occur if the property is sold, and the net profit plus the value of other SFU assets at the beginning of the exclusion period are under the asset limit. When the sale of the property is reported, the eligibility specialist must reevaluate the individual's assets by the next change deadline. If the sale did not affect eligibility, no overpayment is considered to have occurred.

If the individual's assets exceed allowable limits after the sale, the case must be canceled effective the first possible payment month. A notice of the cancellation must be sent to the individual allowing 10 days advance notice.

Any TCA benefits received that would not have been received had disposal occurred at the beginning of the exclusion period must be considered overpayment and recouped.

If the individual remains eligible on the factor of assets after the property is sold, the eligibility specialist must make a complete review of ongoing eligibility. 1650.0550 Indian Land (CIC) Land that is held by an enrolled member of an Indian tribe is excluded from assets if it cannot be sold or transferred without the permission of other individuals, the tribe, or a federal agency. 1650.0553 Life Insurance (CIC) The cash value of a life insurance or annuity policy is included as an asset. The cash value must be verified if the face value of the policy is $5,000 or more or the policy is five years old or more.

In order to be defined as available, the policy must be owned by the individual and the person insured must either be the individual or a member of the assistance group. Policies carried on the individual or a TCA child by relatives or others whose needs or assets are excluded are not considered available. 1650.0555 Verification of Life Insurance (CIC) The individual must provide the following information on life insurance policies the:

1. owner of the policy; 2. individual insured by the policy; 3. amount of the policy's cash surrender value, if any; and 4. amount of any dividends or interest earned on this policy.

Chapter: 1600 Assets Program: CIC 10 The life insurance policy may provide all the necessary information. If not, the information may be obtained from the insurance company or a local agent. However, with the exception of the MSSI and SFP Programs, it is not necessary to see the policy(s) or contact the company unless the cash value must be verified.

For the CIC Program, the cash value must be verified if the face value of the policy is $5,000 or more or the policy is five years old or more. Otherwise, the individual's statement can be accepted. 1650.0556 Loans (CIC) This section describes:

1. loans; 2. promissory notes; 3. property agreements; and 4. student grants, loans, and scholarships.

A loan is a transaction when one party (lender) advances money to another party (borrower) who promises to repay the debt in full within the borrower's lifetime. Repayment of loans may or may not include interest. A loan may take the form of a formal written document or an informal verbal agreement. A formal written loan agreement is a form of a promissory note.

A promissory note is a written, unconditional agreement signed by a person who promises to pay a specific sum of money at a specified time, or on demand, to the person, company, corporation, or institution named on the note. A promissory note may or may not involve the loan of money or goods (e.g., a promissory note may be given in return for goods or service rendered).

A personal and real property agreement is a pledge or security of a particular property or properties for the payment of a debt or performance of some other obligation within a specified time period. Property agreements on real estate (land and buildings) are generally referred to as mortgages but may also be called land contracts, contracts for deed, or deed of trust, etc. Personal property agreements (e.g., pledges on crops, fixtures, inventory, etc.) are commonly known as chattel mortgages. 1650.0562 Student Grants, Loans and Scholarships (CIC) Any grants, loans, gifts or scholarships received by the individual for educational expenses are excluded as an asset. This is true even if the loan or other money is received in a lump sum and deposited as cash in a bank. The individual must provide information on the amount and type of the grant, loan, gift or scholarship. 1650.0563 Personal Property (CIC) Personal property includes personal effects such as clothing, jewelry, tools of a trade, and pets, in addition to household goods such as furniture and appliances. Generally, personal property is excluded as an asset. 1650.0566 Stocks and Bonds (CIC) Investments include the value of stocks and bonds. The current market quotation is considered the asset value. Information sufficient to establish ownership is required in order to determine if the stock/bond value must be included/excluded. Sources of information on the current market value of stocks and bonds may be secured from the bank, investment company, newspapers, and the like. The source and date of the quotation must be recorded.

Chapter: 1600 Assets Program: CIC 11 1650.0567 Definition of Stocks (CIC) Shares of stock represent ownership in a corporation. The shares of many corporations are traded on the New York Stock Exchange or the American Stock Exchange. Many stocks are also traded "over-the-counter".

Most stocks, for incorporation purposes, are assigned a certain value known as "par value." Par value has no relation to the actual market value of a stock.

The value of a stock is normally determined by the demand for it when it is bought and sold. As the result of constant trading, the value of stocks varies daily. To establish the value of a stock, use the most current closing price.

The individual is required to furnish stock certificates unless the stock is being held for the individual by a securities firm. If so, the eligibility specialist must obtain the individual's copy of the firm's most recent statement concerning the individual's account.

The closing prices (on any particular date) of many stocks may be verified by consulting the following day's newspaper or financial newspaper. If the closing price of a stock is not shown in the next day's newspaper, contact a local securities firm to determine its value.

The value of stocks traded over-the-counter is expressed on a "bid" and "asked" basis. A "bid" is the amount being offered for the stock. The "asked" figure is the amount the seller asked for the stock. Use the bid price to determine the market value of this type of stock.

A local securities dealer’s statement must support the individual’s statement that a stock is worthless. 1650.0568 Stock in a Close Corporation (CIC) A "close" or closely held corporation is wholly owned or controlled by one or more members of the board. Stock in this type of company must be reviewed to determine if the stock is a liquid or nonliquid asset. Usually the stocks cannot be converted to cash within 20 days and they may qualify for exclusion as property needed for self-support.

If such stocks are not traded publicly the value of the stock is determined by dividing the company's net assets (total assets minus liabilities) by the total number of shares. The corporation's net assets can be obtained from the corporation's most recent tax return. 1650.0570 Mutual Fund Shares (CIC) A mutual fund is a company that buys and sells securities and other property as its primary business. Mutual fund shares are generally liquid assets.

The value of mutual funds is determined in the same way as stock values are determined. 1650.0571 Bonds (CIC) When an individual requests that a bond be sold, about seven to ten days are usually required for the individual to receive the proceeds. Therefore, bonds are generally included as assets.

A bond is a written obligation to pay a sum of money at a future specified date. It is a negotiable instrument and is transferable.

Municipal bonds are issued by a state or local government. Corporate bonds are issued by corporations. Government bonds are issued by an agency of the federal government and, except for U.S. Savings Bonds, are transferable.

Chapter: 1600 Assets Program: CIC 12 A bond must be held until the specified date of maturity before it can be redeemed for its face value. The current cash value of a bond before maturity is determined by the market for it.

If there is a great demand for a bond, its market value may be more than the face value; or if there is little demand, the bond's current market value may be substantially less than the face value. The current price of a bond can generally be determined as it would be for a stock. 1650.0572 Savings Bonds (CIC) U.S. Savings Bond is an obligation of the federal government, but unlike other government bonds it is not transferable; that is, it can only be sold back to the government.

U.S. Savings Bonds are usually registered in the name of the owner(s) shown on the front of the bond and may be redeemed by the owner by completing a form on the back of the bond. If ownership of a bond is shared, each person’s share is equal. All owners must agree to liquidate the bond.

Several series of U.S. Savings Bonds (for example, Series EE, HH, E, I, J, and H) can normally be quickly converted into cash at local banks. These bonds are defined as liquid assets and are counted as resources. Do not use the table sometimes provided on the back of the bond to determine its value. The tables often do not reflect changes in interest rates. A bank must be contacted to determine the current value. The face value of Series H bonds does not change. No further verification of value is necessary for that series; however, interest is paid rather than accrued on these bonds.

Some bonds must be held for a specific period of time from the date of issue before they can be converted to cash. Examples of bonds with retention periods are indicated below:

1. Series EE and I bonds issued prior to February 1, 2003 can be converted to cash at any time after six months from the issue date. 2. Series EE and I bonds issued on or after February 1, 2003 can be converted to cash at any time after twelve months from the issue date. 3. Series HH bonds can be converted to cash at any time after six months from the issue date.

Although there are mandatory retention periods for the bonds referenced above, they may be converted to cash early if the owner requests a waiver of the retention period claiming hardship circumstances. A hardship exemption request must be in writing, accompanied by the bond that is still within the mandatory retention period, to the following address:

Bureau of the Public Debt Savings Bonds Parkersburg, West Virginia 26106-1328

When the value of a bond will affect eligibility, the bond’s owner must request a waiver of the retention period due to hardship (for example, need to receive public assistance or enter a nursing home). If evidence indicates the waiver was denied, the value of the bond is considered unavailable and not counted as a resource until the month after the mandatory retention period expires. If the waiver is granted, the amount of funds an owner receives or can receive by cashing in the bond early is considered as a countable resource.

Chapter: 1600 Assets Program: CIC 13 1650.0577 Real Property (CIC) Real property includes assets (in which an individual has ownership interest) that fall into the following categories:

1. any real estate owned by the individual or couple, and 2. income producing property. 1650.0578 Real Estate (CIC) Real estate that is not a homestead and does not involve life estate is included as an asset.

Otherwise non-excluded real property that an individual or family is making a good faith effort to sell can be excluded. Refer to passage 1650.0541.01 for good faith effort policies.

Information containing the name of owner, legal description, amount of indebtedness and to whom owed, and the assessed value is required verification. Sources of verification include deeds in possession of parent or relative, liens in personal possession, county property records, or contract with lien holder. 1650.0580 Value of Real Property (CIC) The county tax assessment of the property (minus any debts) is used to determine the ownership and value of the property. 1650.0583 Vehicles (CIC) A vehicle is any automobile, truck, motorcycle, etc., that is used to provide transportation, and includes vehicles that are unregistered, inoperable, or in need of repair. 1650.0589 Other Recreational Vehicles (CIC) House trailers and houseboats that are not the homestead and are not an excluded vehicle are included.

The resale value for house trailers and houseboats must be obtained from a reputable trailer or boat business. The resale value for other vehicles (such as campers, travel trailers, motor homes, pleasure boats, motorcycles, and aircraft) must be obtained from a reputable dealer for the particular type of vehicle. For CIC purposes, this resale value will be substituted for the trade- in value in the asset value determination. 1650.0590 Increases/Decreases to Value (CIC) The equity value is calculated by taking the NADA value of a vehicle and subtracting the amount owed.

The market value of a car, truck or van is determined with the listing of average trade-in value given in the most recent edition of either the Southeastern Edition NADA Official Used Car Guide or the NADA Older Car Guide.

No adjustments to the vehicle's value are made by the eligibility specialist for high mileage, low mileage, and options listed such as air conditioning, radio, and automatic transmission.

If an individual owns a vehicle that may be worth considerably more than the NADA value because of its model and/or year, such as a 1965 Ford Mustang, the NADA value for the oldest comparable model is still used.

Chapter: 1600 Assets Program: CIC 14 A valuation from a reputable automobile dealer, rather than the NADA value may be used when:

1. the "average trade-in" value affects the individual's eligibility; 2. the vehicle was in an accident, sustained major mechanical and/or body damage which has not been repaired; or 3. the vehicle is inoperable due to mechanical conditions that have not been repaired.

A reputable automobile dealer valuation may also be used when the vehicle is in excessively poor condition bodily and mechanically so that compared to other vehicles of the same make, model, year, and equipment its value is substantially affected. A vehicle does not qualify on this condition based solely on excess mileage and/or minor body damage such as rust, as these conditions are considered in the NADA book values given. The case record must contain an explanation of the condition of the vehicle that led the individual or eligibility specialist to believe the book value to be incorrect.

The individual obtaining the dealer's evaluation must request the dealer to provide the current market value of the car or the resale value. The trade-in value or wholesale value is unacceptable. The Department cannot assume liability for any costs arising from obtaining a dealer valuation.

Once a dealer values an older unlisted car placing the value at less than $1,500, another valuation is unnecessary for the same car at future redeterminations or reapplications. Notate the CF-ES Form 2610 or the CLRC screen when the valuation is placed in the case record.

When a dealer's valuation has been used due to the condition of the vehicle, the individual must report to the eligibility specialist any repairs affecting the value of the vehicle. However, the eligibility specialist must explore with the individual the condition of the vehicle at each complete redetermination to ensure that the conditions that resulted in its devaluation continue to exist. When such conditions have been remedied, the value of the vehicle must be redetermined through the NADA book or an additional dealer's valuation. 1650.0593 Assets Excluded by Federal Law (CIC) The eligibility specialist must verify or document the amount of the benefit received from the following sources, since they are potential assets:

1. SSI benefits or SSI lump sum payments.

2. Assistance from a vocational rehabilitation agency within certain limitations.

3. Disaster assistance payments (P.L. 100-707). This exclusion applies to federal disaster assistance and comparable state or local assistance.

4. Emergency payments made by another agency prior to the date direct assistance is received.

5. Any grant, loan, gift or scholarship received by the individual. Effective 7/1/93, this includes financial assistance provided under programs in Title IV of the Higher Education Act and under Bureau of Indian Affairs student assistance programs. Effective 7/1/93, student financial assistance for attendance costs under the Carl D. Perkins Vocational and Applied Technology Education Act is also excluded. Attendance costs include: tuition and fees (as required by the institution of all students in the same course of study); and books, supplies, transportation, dependent care and miscellaneous personal expenses (as included in the assistance grant) for those attending on at least a half-time basis, as defined by the institution. Living expenses are not allowed as attendance costs unless the assistance grant includes funds for this purpose as part of miscellaneous personal expenses.

Chapter: 1600 Assets Program: CIC 15 Funds derived from the following sources are not considered available income or assets, and it is not required that the source be verified or documented:

1. Payments to a natural child of a Vietnam veteran born with spina bifida, except spina bifida occulta, as a result of the exposure of one or both parents to Agent Orange (P.L. 104-204).

2. Payments to a natural child of a woman Vietnam veteran born with one or more birth defects resulting in permanent physical or mental disability (P.L. 106-419).

3. The employment related expense reimbursement received by a participant in employment & training.

4. Assistance payments received by households from the Low-income Home Energy Assistance Program administered by the Department of Community Affairs.

5. Any payment received by foster parents from any agency intended to provide for the needs of foster children or adults placed in their home; or adoption assistance payments for an individual whose needs are not included in the filing unit.

6. Income for children who are in the custody of the Department, which is collected by Fee Collections and placed into a Fee Collections trust account on behalf of a child, is not counted. The funds which remain in the Fee Collections trust account are not counted as an asset. The income and assets are considered unavailable and are excluded in the eligibility determination.

7. Other trust accounts belonging to the child, or on behalf of the child, must be evaluated by the eligibility specialist for consideration in the Medicaid eligibility determination. Follow trust policy contained in the ACCESS Florida Program Policy Manual, beginning with passage 1650.0573, for evaluation of the trust account.

8. The value of the benefits under the Food Stamp Act of 1977, as amended, the value of USDA donated foods, the value of supplemental food assistance received under the Child Nutrition Act of 1966, as amended, and the special food service program for children under the National School Lunch Act.

9. Any benefits received under Title VII, Nutrition Program for the Elderly of the Older Americans Act of 1965, as amended.

10. Assistance provided under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

11. Any funds distributed per capita to or held in trust for members of any Indian tribe under Public Laws 92-254, 93-134 or 94-540 and initial purchases made with funds distributed under Public Law 93-134 or Public Law 98-64.

12. Any of the following distributions made to a household, individual native or descendant of a native, by a Native Corporation established by the Alaska Native Claims Settlement Act (Public Law 92-203 as amended):

a. per capita payments of $2,000 or less per year, including cash dividends on stock from a Native Corporation; b. stocks (including stock issued or distributed by a Native Corporation as a dividend or distribution on stock); c. a partnership interest;

Chapter: 1600 Assets Program: CIC 16 d. land or interest in land (including land or interest in land received from a Native Corporation as a dividend or distribution on stock); or e. an interest in a settlement trust.

13. Payments under the Experimental Housing Allowance Program under Section 23 of the U.S. Housing Act of 1937, under contracts fully executed prior to January 1, 1975.

14. Assistance provided to volunteers who participate in ACTION Programs funded under Public Law 93-113, including VISTA and other programs under Title I of that law.

15. Payments for supportive services or reimbursement for expenses made to volunteers serving as foster grandparents, senior health aides or senior companions, and to persons serving on the Service Corps of Retired Executives, Active Corps of Executives, and other programs under Titles II and III, Public Law 93-113, Section 419.

16. Federal income tax returns, including refundable tax credits (EITC and Child Tax Credit) and over-withholding (tax refunds) are excluded as income and assets in the month of receipt and will continue to be excluded as an asset for 12 months from the date of receipt.

17. Payments made pursuant to the Radiation Exposure Compensation Act, to individuals (or their survivors) who became ill or died as a result of exposure to radiation through nuclear testing or uranium mining.

18. Funds received by a member of the Passamaquoddy Indian Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians pursuant to the Maine Indian Claims Settlement Act of 1980 will be disregarded as income and assets in the determination of eligibility for benefits under the TCA Program.

19. Standard filing units receiving Temporary Cash Assistance and Medicaid which have funds paid to a homeless shelter either by themselves or on their behalf, will have such funds excluded as a countable asset, providing that such moneys are to enable the family to pay deposits or other cost associated with moving into a stable shelter arrangement.

20. Payments received under the Crime Victim Compensation Program that offers compensation to victims and survivors of victims of criminal violence, including drunk driving and domestic violence (P.L. 103-322).

21. Payments made to individuals under the Energy Employees Occupational Illness Compensation Program (EEOICP) Act of 2000 (Public Law 106-398).

22. Achieving a Better Life Experience (ABLE) accounts which are established for individuals who meet the Social Security Administration’s definition of disabled or the individual has a certification of disability from their physician prior to age 26. Verification must be requested if:

a. questionable, or b. value of ABLE account exceeds $100,000, or c. value of combined assets exceeds the program limit. 1650.0600 TRANSFER OF ASSETS (CIC) At application and eligibility reviews, individuals must provide information regarding assets transferred prior to the application or eligibility review. The time periods for asset transfers and the specific policy for transfer of assets vary by program.

Chapter: 1600 Assets Program: CIC 17 1650.0603 Transfer of Assets Affecting Eligibility (CIC) The assistance group (AG) must not have made an intentional assignment, sale, gift, or transfer of assets in order to qualify for or maintain eligibility. When these transactions are made, the AG is ineligible for two years from the date of the transfer.

The determination of ineligibility must be based on the intent of the transfer rather than the value of the transfer. The statement of the individual is usually sufficient to establish the intent of the transfer. When the intent is unclear, the eligibility specialist must obtain information from other sources including but not limited to:

1. the person to whom the asset is transferred, 2. property records, and 3. collateral sources.

An investigation must also be conducted any time the eligibility specialist has reason to believe a transfer has been made with the sole intent of affecting eligibility. The Department must bear the burden of proof. The following details of the investigation and decision must be recorded:

1. type of asset transferred, 2. date of the transfer, 3. to whom the asset was transferred, and 4. the reason for transfer.

Clearance with the Circuit Legal Counsel must be obtained if further guidance is needed to make a decision on intent. 1650.0604 Net Value from Disposition (CIC) The individual has the right to dispose of assets without penalty if assets:

1. are below the asset limit, or 2. do not affect eligibility for any reason.

The net value received from the disposition of assets must be assessed to determine if the value will cause the total assets to exceed the asset maximum at any time.

The eligibility specialist must document or verify the loss of an asset. The individual's statement is accepted without verification or documentation when the asset is a:

1. car, truck, or van, and it is the only vehicle owned, with a net value of less than $1,500; 2. life insurance policy less than five years old with a face value of $5,000 or less; or 3. savings or checking account with a balance of less than $200.

If any other asset, the eligibility specialist must verify or document:

1. that the individual no longer owns the asset, 2. what happened to the asset, and 3. if sold, what happened to the proceeds.

The individual always has the right to spend money from a converted asset for any reason.

Chapter: 1600 Assets Program: RAP 18 1660.0000 Refugee Assistance Program Each individual's assets must be considered to determine eligibility for public assistance.

This chapter presents requirements for determining eligibility based on assets. The chapter discusses policy for the following topics:

1. Asset Definition, 2. Asset Limits, 3. Asset Ownership and Availability, 4. General Determination of Asset Value, 5. Types of Assets: Definitions and Value Determinations, and 6. Transfer of Assets. 1660.0100 ASSET DEFINITION (RAP) Assets, liquid or nonliquid, are assets or items of value that are owned (single or jointly) by an individual who has access to the cash value upon disposition.

Liquid assets are cash assets or assets that are payable in cash on demand. Nonliquid assets are assets that cannot be readily converted to cash.

Assets of each member of the SFU must be determined. A determination of whether each asset should be included or excluded must be made. 1660.0200 ASSET LIMITS (RAP) The asset limit is the maximum amount of liquid and/or nonliquid assets that an assistance group can retain and remain eligible for public assistance.

The total countable assets for the Refugee Assistance Program cannot exceed $2,000. 1660.0206 Verification of Assets (RAP) Verification of all assets, except cash, is required when the total assets of the SFU are within $100 of the asset limit. The individual’s statement of the amount of cash is accepted. If it is clear from the individual’s statement that total assets exceed the limitation or if the individual is ineligible on another factor, assets need not be verified. 1660.0300 ASSET OWNERSHIP AND AVAILABILITY (RAP) Any individual who has the legal ability to dispose of an asset is considered the owner of the asset. The type of ownership (single or joint) of an asset determines to whom the asset is available and the value that is counted to the individual. 1660.0301 Joint Ownership (RAP) Joint ownership exists when the legal right to dispose of an asset is shared by more than one individual.

Chapter: 1600 Assets Program: RAP 19 1660.0302.01 Joint Ownership of Bank Accounts (RAP) When an individual is a joint account holder who has unrestricted access to the funds in the account, you must presume all of the funds in the account are owned by the individual. This presumption is made regardless of the source of the funds.

If the individual alleges the funds in the account belong to someone else, you must allow the individual to submit evidence to challenge this presumption. If the challenge is successful, do not count the funds in the account as an asset to the individual for any month. (If the individual never owned the funds, they were never his.) If the challenge to the presumption of ownership is not successful, you must consider the funds as an asset to the individual. This policy applies to checking accounts, savings accounts, certificates of deposit and other jointly owned financial accounts.

When an individual is a joint owner of an account, the amount that must be considered as an asset depends on:

1. whether the other joint owner is an applicant or recipient; and 2. the individual's actual ownership interest in the funds in the account.

If the joint owner(s) is an applicant/recipient enrolled or eligible for Medicaid, the total funds in the account are presumed to be equally shared.

If the joint owner(s) is not an applicant/recipient enrolled or eligible for Medicaid, the entire balance of the account is considered as the asset value. 1660.0302.03 Rebuttal of Ownership (RAP) When an individual has unrestricted access to the funds in a joint account but does not consider himself an owner of part or all of the account funds, the individual must be allowed to prove non- ownership of the funds. The individual must provide proof that the account funds are not used to meet his needs. In addition, the individual must explain why his name is on the account.

In order to successfully rebut full or partial ownership, the individual must provide the following three items.

First, the individual must provide a written statement describing:

1. any claims about ownership of the funds or interest from the funds; 2. the reasons for establishing the joint account; 3. the individual that made deposits to and withdrawals from the account; and 4. information on how withdrawals were spent.

Second, the individual must provide a written statement from the other joint owner(s) confirming this information.

Third, the individual must provide documentation from the financial institution that the individual's name has been removed from the account or the individual no longer has access to the funds in the account. This is not considered to be a transfer of assets. 1660.0304 Ownership of Real Property (RAP) Ownership of real property can consist of an interest in the title or a right to the use of the property without title to the property. The owner of real property is generally the individual who has legal title and the right to control the property.

Chapter: 1600 Assets Program: RAP 20 1660.0305.02 Shared Ownership of Real Property (RAP) When the individual shares ownership with another individual or other individuals, only the individual's ownership interest is included. If there is no documentation defining the portion owned by each individual owner, all owners are assumed to have equal shares in the property.

If the individual cannot sell his share of the property without the consent of the other owner and the other owner refuses to give his consent, the property cannot be considered a countable asset. 1660.0308 General Availability (RAP) Once the individual's ownership interest of an asset(s) is established, the availability of that asset must be determined. Asset(s) determined not to be available are not considered in determining eligibility on the factor of assets.

Assets are considered available to an individual when the individual has unrestricted access to the funds.

Accessibility depends on the legal structure of the account or property. An asset is countable if the asset is available to a representative possessing the legal ability to make the asset available for the individual's support and maintenance, even though the individual may not choose to do so.

Assets not available due to legal restrictions or factors beyond an individual's control are not considered in determining total available assets. The only exception to this rule occurs when the legal restrictions were caused or requested by the individual. 1660.0310 Availability of Assets in a Foreign Country (RAP) Assets left behind in a foreign country are considered unavailable. 1660.0316 Legal Restrictions to Availability (RAP) In general, assets are considered available unless the applicant/recipient asserts otherwise. If the individual claims an asset is unavailable due to legal restrictions, the eligibility specialist will request supporting evidence and make an independent assessment of the availability based on the evidence presented. An individual may be restricted by law from disposing of owned assets. If an asset is unavailable due to legal restrictions, it is not considered an includable asset. Additional guidance can be requested from the Region or Circuit Program Office, Circuit Legal Counsel or Headquarters through the Region or Circuit Program Office. 1660.0321 Assets Unavailable/Circumstances Beyond Control (RAP) Assets unavailable due to circumstances beyond the individual's control are not considered in the determination of eligibility.

The individual must present convincing evidence to prove the asset is unavailable to him due to circumstances beyond his control. The eligibility specialist will make an independent assessment of the availability based on the evidence presented. Additional guidance can be requested from the Region or Circuit Program Office, Circuit Legal Counsel, or Headquarters through the Region or Circuit Program Office. 1660.0400 GENERAL DETERMINATION OF ASSET VALUE (RAP) The value of an individual's assets is based on the total value of the assets at the time they become available. In order to be eligible, an individual's assets must be within the program limits at the time of application disposition.

Chapter: 1600 Assets Program: RAP 21 1660.0401 Time When Asset Value Affects Eligibility (RAP) The point in time when an asset determination is made may depend on the program and whether the eligibility specialist is processing an application or conducting an eligibility review. Passages 1660.0402 and 1660.0404 describe program specific policy in this area. 1660.0402 Asset Eligibility (RAP) Assets must be equal to or below program limits as of the application disposition date to be eligible for ongoing assistance. Assets must be equal to or below program limits as of the date of the interview. 1660.0404 When Asset Value Affects Eligibility (RAP) Assets must be equal to or below program limits for:

1. the month of application, as of the date of application; 2. the month of disposition, as of the date of disposition; and 3. any other month, as of the first day of that month. 1660.0406 Determining Asset Value (RAP) The amount of the asset included is the actual value of the asset minus indebtedness. Indebtedness is the amount needed to satisfy contract terms that must be met to establish ownership of the asset. Do not count income as an asset in the month received. This does not apply to SSI lump sums (see 2640.0421). Any income which is not spent in the month received becomes an asset the month following the month of receipt. Therefore, when determining asset value in a particular month, it may be necessary to deduct income added to the asset that same month.

Cash value and indebtedness determinations will be discussed for each type of asset. 1660.0407 Definition of Actual Value (RAP) For assets that are in cash, or payable in cash on demand, the actual value is the cash value. For other forms of assets, the actual value is the fair market value (the amount of cash that could be received by selling or converting the asset). 1660.0409 Conversion of Assets (RAP) Proceeds, including cash, from the sale of an asset or conversion of an asset from one form to another are considered assets rather than income. The proceeds of the item to which the asset is converted must be evaluated to determine if they affect eligibility, and if so, the value of the new asset.

Verification concerning the new asset must be obtained regardless of whether a liquid or nonliquid asset is involved. For example, an individual may have an automobile (nonliquid asset) which he sells for cash (liquid asset), or he may have cash that he uses to purchase an automobile. In either case, the conversion or sale does not result in income to the individual. The newly acquired item is an asset subject to all asset valuation policy. 1660.0410 Excluded Assets Replacement (RAP) Exclude cash and in-kind replacements (including any interest) received from any source for the purpose of replacing or repairing a lost, damaged, or stolen excluded asset. Apply the exclusion as long as the individual continues to use the funds for the replacement or repair of the lost, damaged or stolen excluded resource. 1660.0500 ASSETS: DEFINITIONS AND VALUE DETERMINATIONS (RAP)

Chapter: 1600 Assets Program: RAP 22 The different types of liquid and nonliquid assets are discussed alphabetically in the following subsections. The policies assume that the assets are owned by and available to the individual unless noted otherwise. Refer to policy on asset ownership and availability described in Section 1660.0300. Refer also to Chapter 2200, Standard Filing Unit, which describes whose assets must be considered. 1660.0501 Bank Accounts (RAP) Bank accounts refer to funds in a bank, credit union, savings and loan association or any other financial institution that are usually payable on demand. Interest earned on bank accounts is excluded as unearned income.

This section provides information on:

1. checking and savings accounts; 2. convenience bank accounts; 3. time deposits, including Individual Retirement Accounts and Keogh Plans; and 4. special accounts for medical services. 1660.0502 Checking and Savings Accounts (RAP) The asset value is the balance in the account on the date on which eligibility is established. If the total asset value of the account does not affect eligibility, it is not necessary to determine the amount of any transactions that have not cleared the account or the individual's portion of a joint bank account. However, the individual still may be given the opportunity to rebut full or partial ownership to ensure that future changes to the account will not affect his eligibility.

Passages 1660.0504 - 1660.0506 discuss policy for bank account assets. Refer to passages 1660.0300 - 1660.0302.03 and 1660.0308 - 1660.0321 for ownership and availability policies for bank accounts. 1660.0504 Time Deposits (RAP) The availability of funds is the deciding factor in determining if a time deposit is an asset. Time deposits such as a savings certificate or certificate of deposit usually are available to the individual and are included as assets.

Any interest penalties imposed for withdrawing the time deposit funds prior to maturity are deducted from the total amount when determining the value of the time deposit asset. Interest penalties may involve a reduction in the interest rate and/or loss of interest for a short period of time.

Some time deposits cannot be withdrawn prior to maturity under any circumstances. Funds in this type of account are not included as an asset until they reach maturity and become available.

Any interest retained after the month it is available is included as an asset. 1660.0505 Retirement Accounts and Pension Plans (RAP) Exclude all retirement accounts and pension plans. Count distributed funds as:

1. unearned income if made available through installment payments, or 2. an asset in the month received if made available as a lump sum payment. 1660.0506 Verification of Bank Account (RAP) Information required for verification of an individual's bank account assets includes the:

1. type of account;

Chapter: 1600 Assets Program: RAP 23 2. name and location of the financial institution; 3. names of any joint owners; and 4. amount of the balance.

The current bank account statement or other statements from the facility are verification sources.

Verification of a time deposit certificate must include information on when the funds can be withdrawn and any penalties for early withdrawal. If the individual cannot provide this information, the eligibility specialist must request the information from the individual's financial institution. 1660.0507 Burial Contracts and Other Burial Assets (RAP) This section provides information on burial related assets such as:

1. funeral agreements, 2. prepaid burial contracts, 3. irrevocable burial trusts, 4. burial exclusion policy, and 5. burial spaces. 1660.0508 Funeral Agreement (RAP) Funeral agreements are any arrangements with a legitimate funeral service provider to pay for burial expenses. Examples of funeral agreements include items such as burial trusts and any burial contracts regardless of whether they are revocable or irrevocable.

Each assistance group member can exclude a maximum of $1,500 of equity value in a single funeral agreement. Any additional funeral agreement amounts are included as an asset. 1660.0515 Burial Spaces/Plots (RAP) The following are considered burial spaces or plots:

1. conventional grave sites, 2. crypts, 3. mausoleums, and 4. urns. 1660.0517 Verification of Burial Spaces (RAP) Sources of verification include documents such as deeds to cemetery lots or sales contracts for the purchase of cemetery lots.

There may be more than one gravesite per burial plot. If there is a question as to what constitutes a burial plot the case must be examined by the Circuit Legal Counsel.

For funeral agreements, verification includes copies of the funeral contract or agreement or a letter from the funeral services provider outlining the type and terms of the contract. 1660.0518 Cash (RAP) Cash includes money the individual owns no matter where it is located. 1660.0519 Verification of Cash (RAP) The individual must provide information on the amount of cash available. While an individual's statement of actual cash on hand is accepted without verification, the individual must be made aware that cash on hand includes amounts:

1. in the individual's personal possession;

Chapter: 1600 Assets Program: RAP 24 2. the individual may have at home; and 3. being held for the individual elsewhere.

1660.0522 Money from Excluded Asset (RAP) Money received from an excluded income and asset source that is deposited in a savings account is excluded.

If the balance in the account is not identifiable as coming from the excluded source, the balance (minus any new deposits from excluded sources) counts as an asset the next month. 1660.0524 Crops and Livestock for Home Use (RAP) Any crops or livestock grown or retained solely for the SFU's own use is excluded. 1660.0525 Verification (RAP) The individual's statement as to the disposition of crops and livestock can be accepted unless it is inconsistent with other information on the individual's financial status. If there are inconsistencies or questions, the local county agricultural agent can assist in determining whether the individual is engaged in farming as a business enterprise. 1660.0526 Disaster Assistance from Government Sources (RAP) Permanently exclude:

1. payments, including disaster unemployment assistance, received under the Disaster Relief Act of 1974 {P.L. 93-288, Section 312(d)}, as amended by the Disaster Relief and Emergency Assistance Amendments of 1988 {P.L., 100-707, Section 105(i)] from assets. 2. National Flood Insurance Program (NFIP) payments made under the National Flood Insurance Act of 1968, as amended by Public Law 109-64, enacted on September 20, 2005.

Exclude interest earned on disaster assistance payments from assets.

Excluded funds must be identifiable. Encourage the individual to maintain a separate account for excluded funds if possible. When excluded funds are commingled in an account with other funds assume that non-excluded funds are withdrawn first.

Disaster assistance funds are not restricted to restoration of a home but are subject to legal sanction if misused.

Sources of verification of disaster assistance include official government notices, disaster loan or grant documents, and the individual's financial records of deposits, withdrawals and expenditures. 1660.0531 Business Inventory (RAP) Property/inventory related to a business (a farm operated for profit) is included as an asset. The net value of the business inventory is the current market value minus any indebtedness. Business inventory includes items such as equipment, machinery or livestock.

The individual must provide information on the:

1. ownership of each item; 2. type, make, model, and age of machinery; 3. kinds and number of livestock; and 4. amount of indebtedness on each item.

Chapter: 1600 Assets Program: RAP 25

1660.0532 Verification (RAP) Sources of verification for farm business inventory include items such as:

1. inventory reports for equipment filed with the county tax assessor; 2. statements from reputable businesses knowing resale value of items; or 3. the county agricultural agent. 1660.0541.01 Good Faith Effort to Sell (RAP) When the individual is making a good faith effort to sell property, it can be excluded for up to nine months if the family agrees to use the proceeds from the sale to repay the Temporary Cash Assistance received. The individual must provide evidence of good faith effort to sell the property prior to approval for assistance.

The parent or relative must sign a CF-ES 2672 form, Real Property Agreement, in the presence of a witness acknowledging that the family:

1. owns real property the value of which exceeds the $2,000 asset limit (or, when combined with other assets, the total value exceeds the limit), and 2. agrees to dispose of the property and to make repayment of any Temporary Cash Assistance benefits that would not have been received had disposal occurred at the beginning of the exclusion period.

Passages 1660.0541.02 - 1660.0541.04 provide additional policy on the nine month exclusion period. 1660.0541.02 Exclusion Period (RAP) The period of exclusion is nine months, or until the property is sold, whichever is sooner.

Any proceeds from the sale remaining after repayment of excess TCA benefits are included as assets.

The individual’s case must be closed if the excluded property is not sold during the nine month period or the individual becomes ineligible for any other reason during the exclusion period. The effective date of the case closing is the month after the end of the exclusion period. 1660.0541.03 Verification (RAP) Sources of verification of the good faith effort to sell include documents such as a written statement from a real estate dealer, clippings of advertisements less than 30 days old, or copies of conditional sales contracts. 1660.0541.04 Property is Sold (RAP) Overpayment does not occur if the property is sold, and the net profit plus the value of other SFU assets at the beginning of the exclusion period are under the asset limit. When the sale of the property is reported, the eligibility specialist must reevaluate the individual's assets by the next change deadline. If the sale did not affect eligibility, no overpayment is considered to have occurred.

If the individual's assets exceed allowable limits after the sale, the case must be canceled effective the first possible payment month. A notice of the cancellation must be sent to the individual allowing 10 days advance notice.

Chapter: 1600 Assets Program: RAP 26 Any TCA benefits received that would not have been received had disposal occurred at the beginning of the exclusion period must be considered overpayment and recouped. If the individual remains eligible on the factor of assets after the property is sold, the eligibility specialist must make a complete review of ongoing eligibility. 1660.0550 Indian Land (RAP) Land that is held by an enrolled member of an Indian tribe is excluded from assets if it cannot be sold or transferred without the permission of other individuals, the tribe, or a federal agency. 1660.0553 Life Insurance (RAP) The cash value of a life insurance or annuity policy is included as an asset. The cash value must be verified if the face value of the policy is $5,000 or more or the policy is five years old or more.

In order to be defined as available, the policy must be owned by the individual and the person insured must either be the individual or a member of the assistance group. Policies carried on the individual or a TCA child by relatives or others whose needs or assets are excluded are not considered available. 1660.0555 Verification of Life Insurance (RAP) The individual must provide the following information on life insurance policies the:

1. owner of the policy; 2. individual insured by the policy; 3. amount of the policy's cash surrender value, if any; and 4. amount of any dividends or interest earned on this policy.

The life insurance policy may provide all the necessary information. If not, the information may be obtained from the insurance company or a local agent. However, with the exception of the MSSI and SFP Programs, it is not necessary to see the policy(s) or contact the company unless the cash value must be verified.

For the RAP Program, the cash value must be verified if the face value of the policy is $5,000 or more or the policy is five years old or more. Otherwise, the individual's statement can be accepted. 1660.0556 Loans (RAP) This section describes:

1. loans; 2. promissory notes; 3. property agreements; and 4. student grants, loans, and scholarships.

A loan is a transaction when one party (lender) advances money to another party (borrower) who promises to repay the debt in full within the borrower's lifetime. Repayment of loans may or may not include interest. A loan may take the form of a formal written document or an informal verbal agreement. A formal written loan agreement is a form of a promissory note.

A promissory note is a written, unconditional agreement signed by a person who promises to pay a specific sum of money at a specified time, or on demand, to the person, company, corporation, or institution named on the note. A promissory note may or may not involve the loan of money or goods (e.g., a promissory note may be given in return for goods or service rendered).

Chapter: 1600 Assets Program: RAP 27

A personal and real property agreement is a pledge or security of a particular property or properties for the payment of a debt or performance of some other obligation within a specified time period. Property agreements on real estate (land and buildings) are generally referred to as mortgages but may also be called land contracts, contracts for deed, or deed of trust, etc. Personal property agreements (e.g., pledges on crops, fixtures, inventory, etc.) are commonly known as chattel mortgages. 1660.0562 Student Grants, Loans and Scholarships (RAP) Any grants, loans, gifts or scholarships received by the individual for educational expenses are excluded as an asset. This is true even if the loan or other money is received in a lump sum and deposited as cash in a bank. The individual must provide information on the amount and type of the grant, loan, gift or scholarship. 1660.0563 Personal Property (RAP) Personal property includes personal effects such as clothing, jewelry, tools of a trade, and pets, in addition to household goods such as furniture and appliances. Generally, personal property is excluded as an asset. 1660.0577 Real Property (RAP) Real property includes assets (in which an individual has ownership interest) that fall into the following categories:

1. any real estate owned by the individual or couple, and 2. income producing property. 1660.0578 Real Estate (RAP) Real estate that is not a homestead and does not involve life estate is included as an asset.

Otherwise non-excluded real property that an individual or family is making a good faith effort to sell can be excluded. Refer to passage 1660.0541.01 for good faith effort policies.

Information containing the name of owner, legal description, amount of indebtedness and to whom owed, and the assessed value is required verification. Sources of verification include deeds in possession of parent or relative, liens in personal possession, county property records, or contract with lien holder. 1660.0583 Vehicles (RAP) A vehicle is any automobile, truck, motorcycle, etc., that is used to provide transportation, and includes vehicles that are unregistered, inoperable, or in need of repair. 1660.0589 Other Recreational Vehicles (RAP) House trailers and houseboats that are not the homestead and are not an excluded vehicle are included.

The resale value for house trailers and houseboats must be obtained from a reputable trailer or boat business. The resale value for other vehicles (such as campers, travel trailers, motor homes, pleasure boats, motorcycles, and aircraft) must be obtained from a reputable dealer for the particular type of vehicle. For RAP purposes, this resale value will be substituted for the trade-in value in the asset value determination.

Chapter: 1600 Assets Program: RAP 28 1660.0590 Increases/Decreases to Value (RAP) The equity value is calculated by taking the NADA value of a vehicle and subtracting the amount owed.

The market value of a car, truck or van is determined with the listing of average trade-in value given in the most recent edition of either the Southeastern Edition NADA Official Used Car Guide or the NADA Older Car Guide.

No adjustments to the vehicle's value are made by the eligibility specialist for high mileage, low mileage, and options listed such as air conditioning, radio, and automatic transmission.

If an individual owns a vehicle that may be worth considerably more than the NADA value because of its model and/or year, such as a 1965 Ford Mustang, the NADA value for the oldest comparable model is still used.

A valuation from a reputable automobile dealer, rather than the NADA value may be used when:

1. the "average trade-in" value affects the individual's eligibility; 2. the vehicle was in an accident, sustained major mechanical and/or body damage which has not been repaired; or 3. the vehicle is inoperable due to mechanical conditions that have not been repaired.

A reputable automobile dealer valuation may also be used when the vehicle is in excessively poor condition bodily and mechanically so that compared to other vehicles of the same make, model, year, and equipment its value is substantially affected. A vehicle does not qualify on this condition based solely on excess mileage and/or minor body damage such as rust, as these conditions are considered in the NADA book values given. The case record must contain an explanation of the condition of the vehicle that led the individual or eligibility specialist to believe the book value to be incorrect.

The individual obtaining the dealer's evaluation must request the dealer to provide the current market value of the car or the resale value. The trade-in value or wholesale value is unacceptable. The Department cannot assume liability for any costs arising from obtaining a dealer valuation.

Once a dealer values an older unlisted car placing the value at less than $1,500, another valuation is unnecessary for the same car at future redeterminations or reapplications. Notate the CF-ES Form 2610 or the CLRC screen when the valuation is placed in the case record.

When a dealer's valuation has been used due to the condition of the vehicle, the individual must report to the eligibility specialist any repairs affecting the value of the vehicle. However, the eligibility specialist must explore with the individual the condition of the vehicle at each complete redetermination to ensure that the conditions that resulted in its devaluation continue to exist. When such conditions have been remedied, the value of the vehicle must be redetermined through the NADA book or an additional dealer's valuation. 1660.0593 Assets Excluded by Federal Law (RAP) The eligibility specialist must verify or document the amount of the benefit received from the following sources, since they are potential assets:

1. SSI benefits or SSI lump sum payments.

2. Assistance from a vocational rehabilitation agency within certain limitations.

Chapter: 1600 Assets Program: RAP 29 3. Disaster assistance payments (P.L. 100-707). This applies to federal disaster assistance and comparable state or local assistance.

4. Emergency payments made by another agency prior to the date direct assistance is received.

5. Any grant, loan, gift or scholarship received by the individual. Effective 7/1/93, this includes financial assistance provided under programs in Title IV of the Higher Education Act and under Bureau of Indian Affairs student assistance programs. Effective 7/1/93, student financial assistance for attendance costs under the Carl D. Perkins Vocational and Applied Technology Education Act is also excluded. Attendance costs include: tuition and fees (as required by the institution of all students in the same course of study); and books, supplies, transportation, dependent care and miscellaneous personal expenses (as included in the assistance grant) for those attending on at least a half-time basis, as defined by the institution. Living expenses are not allowed as attendance costs unless the assistance grant includes funds for this purpose as part of miscellaneous personal expenses.

Funds derived from the following sources are not considered available income or assets, and it is not required that the source be verified or documented:

1. The employment related expense reimbursement received by a participant in employment & training.

2. Assistance payments received by households from the Low-income Home Energy Assistance Program administered by the Department of Community Affairs.

3. Any payment received by foster parents from any agency intended to provide for the needs of foster children or adults placed in their home; or adoption assistance payments for an individual whose needs are not included in the filing unit.

4. Income for children who are in the custody of the Department, which is collected by Fee Collections and placed into a Fee Collections trust account on behalf of a child, is not counted. The funds which remain in the Fee Collections trust account are not counted as an asset. The income and assets are considered unavailable and are excluded in the eligibility determination.

5. Other trust accounts belonging to the child, or on behalf of the child, must be evaluated by the eligibility specialist for consideration in the Medicaid eligibility determination. Follow trust policy contained in the ACCESS Florida Program Policy Manual, beginning with passage 1650.0573, for evaluation of the trust account.

6. The value of the benefits under the Food Stamp Act of 1977, as amended, the value of USDA donated foods, the value of supplemental food assistance received under the Child Nutrition Act of 1966, as amended, and the special food service program for children under the National School Lunch Act.

7. Any benefits received under Title VII, Nutrition Program for the Elderly of the Older Americans Act of 1965, as amended.

8. Assistance provided under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

9. Any funds distributed per capita to or held in trust for members of any Indian tribe under Public Laws 92-254, 93-134 or 94-540 and initial purchases made with funds distributed under Public Law 93-134 or Public Law 98-64.

Chapter: 1600 Assets Program: RAP 30 10. Any of the following distributions made to a household, individual native or descendant of a native, by a Native Corporation established by the Alaska Native Claims Settlement Act (Public Law 92-203 as amended):

a. per capita payments of $2,000 or less per year, including cash dividends on stock from a Native Corporation; b. stocks (including stock issued or distributed by a Native Corporation as a dividend or distribution on stock); c. a partnership interest; d. land or interest in land (including land or interest in land received from a Native Corporation as a dividend or distribution on stock); or e. an interest in a settlement trust.

11. Payments under the Experimental Housing Allowance Program under Section 23 of the U.S. Housing Act of 1937, under contracts fully executed prior to January 1, 1975.

12. Assistance provided to volunteers who participate in ACTION Programs funded under Public Law 93-113, including VISTA and other programs under Title I of that law.

13. Payments for supportive services or reimbursement for expenses made to volunteers serving as foster grandparents, senior health aides or senior companions, and to persons serving on the Service Corps of Retired Executives, Active Corps of Executives, and other programs under Titles II and III, Public Law 93-113, Section 419.

14. Federal income tax returns, including refundable tax credits (EITC and Child Tax Credit) and over-withholding (tax refunds) are excluded as income and assets in the month of receipt and will continue to be excluded as an asset for 12 months from the date of receipt.

15. Payments made pursuant to the Radiation Exposure Compensation Act, to individuals (or their survivors) who became ill or died as a result of exposure to radiation through nuclear testing or uranium mining.

16. Funds received by a member of the Passamaquoddy Indian Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians pursuant to the Maine Indian Claims Settlement Act of 1980 will be disregarded as income and assets in the determination of eligibility for benefits under the TCA Program.

17. Standard filing units receiving Temporary Cash Assistance and Medicaid which have funds paid to a homeless shelter either by themselves or on their behalf, will have such funds excluded as a countable asset, providing that such moneys are to enable the family to pay deposits or other cost associated with moving into a stable shelter arrangement.

18. Payments received under the Crime Victim Compensation Program that offers compensation to victims and survivors of victims of criminal violence, including drunk driving and domestic violence (P.L. 103-322).

19. Payments made to individuals under the Energy Employees Occupational Illness Compensation Program (EEOICP) Act of 2000 (Public Law 106-398).

20. Achieving a Better Life Experience (ABLE) accounts which are established for individuals who meet the Social Security Administration’s definition of disabled or the individual has a certification of disability from their physician prior to age 26. Verification must be requested if:

a. questionable, or

Chapter: 1600 Assets Program: RAP 31 b. value of ABLE account exceeds $100,000, or c. value of combined assets exceeds the program limit. 1660.0600 TRANSFER OF ASSETS (RAP) At application and eligibility reviews, individuals must provide information regarding assets transferred prior to the application or eligibility review. The time periods for asset transfers and the specific policy for transfer of assets vary by program. 1660.0603 Transfer of Assets Affecting Eligibility (RAP) The assistance group (AG) must not have made an intentional assignment, sale, gift, or transfer of assets in order to qualify for or maintain eligibility. When these transactions are made, the AG is ineligible for two years from the date of the transfer.

The determination of ineligibility must be based on the intent of the transfer rather than the value of the transfer. The statement of the individual is usually sufficient to establish the intent of the transfer.

When the intent is unclear, the eligibility specialist must obtain information from other sources including but not limited to:

1. the person to whom the asset is transferred, 2. property records, and 3. collateral sources.

An investigation must also be conducted any time the eligibility specialist has reason to believe a transfer has been made with the sole intent of affecting eligibility. The Department must bear the burden of proof. The following details of the investigation and decision must be recorded:

1. type of asset transferred, 2. date of the transfer, 3. to whom the asset was transferred, and 4. the reason for transfer.

Clearance with the Circuit Legal Counsel must be obtained if further guidance is needed to make a decision on intent. 1660.0604 Net Value from Disposition (RAP) The individual has the right to dispose of assets without penalty if assets:

1. are below the asset limit, or 2. do not affect eligibility for any reason.

The net value received from the disposition of assets must be assessed to determine if the value will cause the total assets to exceed the asset maximum at any time.

The eligibility specialist must document or verify the loss of an asset. The individual's statement is accepted without verification or documentation when the asset is a:

1. car, truck, or van, and it is the only vehicle owned, with a net value of less than $1,500; 2. life insurance policy less than five years old with a face value of $5,000 or less; or 3. savings or checking account with a balance of less than $200.

If any other asset, the eligibility specialist must verify or document:

Chapter: 1600 Assets Program: RAP 32 1. that the individual no longer owns the asset, 2. what happened to the asset, and 3. if sold, what happened to the proceeds.

The individual always has the right to spend money from a converted asset for any reason.

Table of Contents Assets i 1610.0000 Food Stamps .............................................................. 1 1610.0100 ASSET DEFINITION (FS) ........................................................................................ 1 1610.0200 ASSET LIMITS (FS) ................................................................................................. 1 1610.0206 Verification of Assets (FS) .................................................................................... 1 1610.0300 ASSET OWNERSHIP AND AVAILABILITY (FS) .................................................... 1 1610.0301 Joint Ownership (FS) ............................................................................................ 1 1610.0302 Joint Ownership of Bank Accounts (FS) ............................................................... 1 1610.0304 Ownership of Real Property (FS) ......................................................................... 2 1610.0305.02 Shared Ownership of Real Property (FS) ........................................................... 2 1610.0308 General Availability (FS) ....................................................................................... 2 1610.0309.01 Availability of Assets (FS) ................................................................................... 2 1610.0309.02 Availability of Trusts (FS) .................................................................................... 3 1610.0309.03 Residents of Shelters (FS) .................................................................................. 3 1610.0316 Legal Restrictions to Availability (FS) ................................................................... 3 1610.0321 Assets Unavailable - Circumstances Beyond Control (FS) .................................. 4 1610.0400 GENERAL DETERMINATION OF ASSET VALUE (FS) ......................................... 4 1610.0403 When Asset Value Affects Eligibility (FS) ............................................................. 4 1610.0407 Definition of Actual Value (FS) ............................................................................. 4 1610.0409 Conversion of Assets (FS).................................................................................... 4 1610.0500 ASSETS: DEFINITIONS AND VALUE DETERMINATIONS (FS) .......................... 4 1610.0501 Bank Accounts (FS) .............................................................................................. 5 1610.0503 Funds in a Convenience Bank Account (FS) ....................................................... 5 1610.0504 Time Deposits (FS) ............................................................................................... 5 1610.0505 Retirement Accounts and Pension Plans (FS) ..................................................... 5 1610.0505.07Individual Development Accounts (FS) ................................................................ 5 1610.0506 Verification of Bank Accounts (FS) ....................................................................... 6 1610.0508 Funeral Agreement (FS) ....................................................................................... 6 1610.0516 Burial Spaces (FS) ............................................................................................... 6 1610.0517 Verification of Burial Spaces (FS) ........................................................................ 6 1610.0518 Cash (FS) ............................................................................................................. 6 1610.0519 Verification of Cash (FS) ...................................................................................... 6 1610.0520 Lump Sum Payments (FS) ................................................................................... 6 1610.0521 Prorated Money (FS) ............................................................................................ 7 1610.0526 Disaster Assistance (FS) ...................................................................................... 7 1610.0529 Energy Assistance Payments (FS) ....................................................................... 7 1610.0530 Business Inventory (FS) ....................................................................................... 8 1610.0534 Home (FS) ............................................................................................................ 8 1610.0535 Home Temporarily Unoccupied (FS) .................................................................... 8 1610.0536 Intent to Build a Home (FS) .................................................................................. 8 1610.0537 Good Faith Effort to Sell (FS) ............................................................................... 8 1610.0544 Income Producing Property (FS) .......................................................................... 9 1610.0545 Installment Contracts (FS) .................................................................................... 9 1610.0546 Rental Property (FS) ............................................................................................. 9 1610.0550 Indian Land (FS) ................................................................................................... 9 1610.0552 Life Insurance (FS) ............................................................................................... 9 1610.0556 Loans (FS) ............................................................................................................ 9 1610.0557 Counting Loans (FS) ............................................................................................ 9 1610.0562 Student Grants, Loans and Scholarships (FS) ................................................... 10 1610.0563 Personal Property (FS) ....................................................................................... 10

Table of Contents Assets ii 1610.0566 Stocks and Bonds (FS) ....................................................................................... 10 1610.0570 Mutual Fund Shares (FS) ................................................................................... 10 1610.0571 Bonds (FS) ......................................................................................................... 10 1610.0572 Savings Bonds (FS) ............................................................................................ 10 1610.0573 Trusts (FS) .......................................................................................................... 11 1610.0577 Real Property (FS) .............................................................................................. 11 1610.0578 Real Estate (FS) ................................................................................................. 11 1610.0579 Value of Real Property (FS) ............................................................................... 11 1610.0583 Vehicles (FS) ...................................................................................................... 11 1610.0584 Lottery and Gambling Winnings (FS) ................................................................. 12 1610.0593 Assets Excluded by Federal Law (FS) ............................................................... 12 1610.0600 TRANSFER OF ASSETS (FS) ............................................................................... 15 1610.0601 Transfer Versus Disposition (FS) ....................................................................... 15 1610.0602 Transfer of Assets Affecting Eligibility (FS) ........................................................ 15 1620.0000 Temporary Cash Assistance ................................... 17 1620.0100 ASSET DEFINITION (TCA) .................................................................................... 17 1620.0200 ASSET LIMITS (TCA) ............................................................................................ 17 1620.0206 Verification of Assets (TCA) ............................................................................... 17 1620.0300 ASSET OWNERSHIP AND AVAILABILITY (TCA) ............................................... 17 1620.0301 Joint Ownership (TCA) ....................................................................................... 17 1620.0302.01 Joint Ownership of Bank Accounts (TCA) ......................................................... 17 1620.0302.03 Rebuttal of Ownership (TCA) ............................................................................ 18 1620.0304 Ownership of Real Property (TCA) ..................................................................... 18 1620.0305.02 Shared Ownership of Real Property (TCA) ....................................................... 18 1620.0306 Unprobated Estate (TCA) ................................................................................... 18 1620.0308 General Availability (TCA) .................................................................................. 19 1620.0309 Availability of Trusts (TCA) ................................................................................. 19 1620.0316 Legal Restrictions to Availability (TCA) .............................................................. 19 1620.0321 Assets Unavailable - Circumstances Beyond Control (TCA) ............................. 19 1620.0400 GENERAL DETERMINATION OF ASSET VALUE (TCA) .................................... 20 1620.0401 Time When Asset Value Affects Eligibility (TCA) ............................................... 20 1620.0402 Asset Eligibility (TCA) ......................................................................................... 20 1620.0404 When Asset Value Affects Eligibility (TCA) ........................................................ 20 1620.0406 Determining Asset Value (TCA) ......................................................................... 20 1620.0407 Definition of Actual Value (TCA) ......................................................................... 20 1620.0409 Conversion of Assets (TCA) ............................................................................... 20 1620.0410 Excluded Assets Replacement (TCA) ................................................................ 20 1620.0500 ASSETS: DEFINITIONS AND VALUE DETERMINATIONS (TCA) ..................... 21 1620.0501 Bank Accounts (TCA) ......................................................................................... 21 1620.0502 Checking and Savings Accounts (TCA) ............................................................. 21 1620.0504 Time Deposits (TCA) .......................................................................................... 21 1620.0505 Retirement Accounts and Pension Plans (TCA) ................................................ 21 1620.0505.07Individual Development Accounts (TCA) ........................................................... 21 1620.0506 Verification of Bank Accounts (TCA) .................................................................. 22 1620.0507 Burial Contracts and Other Burial Assets (TCA) ................................................ 22 1620.0508 Funeral Agreement (TCA) .................................................................................. 22 1620.0515 Burial Spaces/Plots (TCA) .................................................................................. 22 1620.0516 Burial Spaces (TCA) ........................................................................................... 22

Table of Contents Assets iii 1620.0517 Verification of Burial Spaces (TCA) .................................................................... 22 1620.0518 Cash (TCA) ......................................................................................................... 23 1620.0519 Verification of Cash (TCA) .................................................................................. 23 1620.0520 Lump Sum Payments (TCA)............................................................................... 23 1620.0522 Money from Excluded Asset (TCA) .................................................................... 23 1620.0524 Crops and Livestock for Home Use (TCA) ......................................................... 23 1620.0525 Verification (TCA) ............................................................................................... 23 1620.0526 Disaster Assistance (TCA) ................................................................................. 23 1620.0529 Energy Assistance Payments (TCA) .................................................................. 24 1620.0531 Business Inventory (TCA)................................................................................... 24 1620.0532 Verification (TCA) ............................................................................................... 24 1620.0534 Home (TCA) ....................................................................................................... 24 1620.0539.01 The Home as Principal Place of Residence (TCA) ........................................... 25 1620.0539.02 Home Temporarily Unoccupied (TCA) .............................................................. 25 1620.0541.01 Good Faith Effort to Sell (TCA) ......................................................................... 25 1620.0541.02 Exclusion Period (TCA) ..................................................................................... 26 1620.0541.03 Verification (TCA) .............................................................................................. 26 1620.0541.04 Property is Sold (TCA) ...................................................................................... 26 1620.0542 Home Verification Requirements (TCA) ............................................................. 26 1620.0550 Indian Land (TCA) .............................................................................................. 27 1620.0551 Life Estate Interest (TCA) ................................................................................... 27 1620.0553 Life Insurance (TCA) .......................................................................................... 27 1620.0555 Verification of Life Insurance (TCA) ................................................................... 27 1620.0558 Loans (TCA) ....................................................................................................... 27 1620.0559 Verification (TCA) ............................................................................................... 28 1620.0562 Student Grants, Loans and Scholarships (TCA) ................................................ 28 1620.0563 Personal Property (TCA) .................................................................................... 28 1620.0564 Personal Property Excluded as an Asset (TCA) ................................................ 28 1620.0566 Stocks and Bonds (TCA) .................................................................................... 28 1620.0567 Definition of Stocks (TCA) .................................................................................. 28 1620.0568 Stock in a Close Corporation (TCA) ................................................................... 29 1620.0570 Mutual Fund Shares (TCA)................................................................................. 29 1620.0571 Bonds (TCA) ....................................................................................................... 29 1620.0572 Savings Bonds (TCA) ......................................................................................... 29 1620.0575.01 Trusts (TCA) ...................................................................................................... 30 1620.0575.02 Determining Availability of Trusts (TCA) ........................................................... 30 1620.0575.03 Court Decisions - Trusts (TCA) ......................................................................... 31 1620.0577 Real Property (TCA) ........................................................................................... 31 1620.0578 Real Estate (TCA) .............................................................................................. 31 1620.0580 Value of Real Property (TCA) ............................................................................. 31 1620.0583 Vehicles (TCA) ................................................................................................... 32 1620.0588 Vehicle Exclusions (TCA) ................................................................................... 32 1620.0589 Other Recreational Vehicles (TCA) .................................................................... 33 1620.0590 Increases/Decreases to Value (TCA) ................................................................. 33 1620.0592 Verification of Vehicle Value (TCA) .................................................................... 34 1620.0593 Assets Excluded by Federal Law (TCA) ............................................................. 34 1620.0600 TRANSFER OF ASSETS (TCA) ............................................................................ 36 1620.0603 Transfer of Assets Affecting Eligibility (TCA) ...................................................... 37 1620.0604 Net Value from Disposition (TCA) ...................................................................... 37

Chapter: 1600 Assets

Program: FS 1 1610.0000 Food Stamps The policies in this chapter apply only to standard filing units that are not categorically or broad- based categorically eligible or to broad-based categorically eligible households that contain a member age 60 or over or meets the definition of food stamp disabled and does not meet the 200% of the federal poverty level gross income limit. 1610.0100 ASSET DEFINITION (FS) Assets, liquid or nonliquid, are assets or items of value that are owned (single or jointly) by an individual who has access to the cash value upon disposition.

Liquid assets are cash assets or assets that are payable in cash on demand. Nonliquid assets are assets that cannot be readily converted to cash.

Assets of each member of the SFU must be determined. A determination of whether each asset should be included or excluded must be made. 1610.0200 ASSET LIMITS (FS) The asset limit is the maximum amount of liquid and/or nonliquid assets that an assistance group can retain and remain eligible for public assistance.

The total countable assets of the assistance group cannot exceed:

1. $3,000 for assistance groups that do not include an elderly or disabled member; or 2. $4,500 for assistance groups that include a member(s) who is elderly or disabled. Elderly is defined as being age 60 or older. An individual may be considered elderly if they will be age 60 by the last day of the application month.

For categorically eligible households, countable assets are assumed to be within the FS asset limits. 1610.0206 Verification of Assets (FS) Verification of all assets, except cash, is required when the total assets of the SFU are within $100 of the asset limit. The individual’s statement of the amount of cash is accepted. If it is clear from the individual’s statement that total assets exceed the limitation or if the individual is ineligible on another factor, assets need not be verified. 1610.0300 ASSET OWNERSHIP AND AVAILABILITY (FS) Any individual who has the legal ability to dispose of an asset is considered the owner of the asset. The type of ownership (single or joint) of an asset determines to whom the asset is available and the value that is counted to the individual. 1610.0301 Joint Ownership (FS) Joint ownership exists when the legal right to dispose of an asset is shared by more than one individual. 1610.0302 Joint Ownership of Bank Accounts (FS) When an individual is a joint account holder who has unrestricted access to the funds in the account, you must presume all of the funds in the account are owned by the individual. This presumption is made regardless of the source of the funds.

Chapter: 1600 Assets

Program: FS 2

If the individual alleges the funds in the account belong to someone else, you must allow the individual to submit evidence to challenge this presumption. If the challenge is successful, do not count the funds in the account as an asset to the individual for any month. (If the individual never owned the funds, they were never his.) If the challenge to the presumption of ownership is not successful, you must consider the funds as an asset to the individual. This policy applies to checking accounts, savings accounts, certificates of deposit and other jointly owned financial accounts.

The treatment of funds in joint bank accounts depends on how the account is set up. Accounts set up as John or Jane Doe are considered entirely available to either individual unless one of the individuals states that the funds belong entirely to the other joint account holder and the individual can prove that the account is a convenience account. 1610.0304 Ownership of Real Property (FS) Ownership of real property can consist of an interest in the title or a right to the use of the property without title to the property. The owner of real property is generally the individual who has legal title and the right to control the property. 1610.0305.02 Shared Ownership of Real Property (FS) When the individual shares ownership with another individual or other individuals, only the individual's ownership interest is included. If there is no documentation defining the portion owned by each individual owner, all owners are assumed to have equal shares in the property.

If the individual cannot sell his share of the property without the consent of the other owner and the other owner refuses to give his consent, the property cannot be considered a countable asset. 1610.0308 General Availability (FS) Once the individual's ownership interest of an asset(s) is established, the availability of that asset must be determined. Asset(s) determined not to be available are not considered in determining eligibility on the factor of assets.

Assets are considered available to an individual when the individual has unrestricted access to the asset.

Accessibility depends on the legal structure of the account or property. An asset is countable if the asset is available to a representative possessing the legal ability to make the asset available for the individual's support and maintenance, even though the individual may not choose to do so.

Assets not available due to legal restrictions or factors beyond an individual's control are not considered in determining total available assets. The only exception to this rule occurs when the legal restrictions were caused or requested by the individual. 1610.0309.01 Availability of Assets (FS) Assets jointly owned by separate assistance groups are included as available to each assistance group unless it is shown that any of the funds are unavailable.

The entire value of a jointly owned asset is excluded if it cannot be practically subdivided and access is dependent on the agreement of the joint owner who refuses to comply. This does not apply to assets such as stocks, bonds, and other negotiable financial instruments. Refer to passage 1610.0308, General Availability, for other reasons these assets may be considered unavailable.

Chapter: 1600 Assets

Program: FS 3 Assets that are individually or jointly owned and which cannot easily be converted to cash may be considered unavailable if the:

1. ownership interest is $1500 or less, and/or 2. cost of selling the property is so great that the sale of the property would yield no significant return ($1500 or less).

Note: If the jointly owned asset will yield a return to the assistance group of less than half of the asset limit, verification is not required unless questionable. However, when the assistance group is unable to provide sufficient information to clearly establish the ownership interest and/or the cost of the sale, verification is required prior to determining unavailability. 1610.0309.02 Availability of Trusts (FS) Any funds in a trust or funds transferred to a trust, and the income produced by that trust, are excluded if:

1. The trust arrangement is not likely to cease during the certification period and no member of the assistance group (AG) has the power to revoke the trust arrangement or change the name of the beneficiary; and