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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.