DWS will comply with the Americans With Disabilities Act (ADA). Auxiliary aids and services are available upon request to individuals with disabilities by calling 801-526-9240.

Individuals with speech and/or hearing impairments may call Relay Utah by dialing 711.

Spanish Relay Utah may be reached by calling 1-888-346-3162.

See Most Recent Obsolete Policy

People eligible for assistance from the Department of Workforce Services (DWS) programs have the right to receive the correct amount of assistance in a timely manner.

Right to apply -- All customers have the right to apply or reapply at any time for any of the assistance programs offered by the DWS.

Customers who need help from Employment Center staff to complete the application process, including the obtainment of verifications, have the right to that help.

Non-discrimination -- No customer will be discriminated against because of race, color, national origin, sex (including gender identity, gender expression, sex stereotyping or pregnancy), religion, age, disability, political affiliation or belief.

Customers have the right to be treated with courtesy, dignity, and respect.

Customers have the right to receive proper notice if there is a change in the amount of benefits for which they qualify. DWS must follow specific rules about proper notice to a customer concerning actions being taken on the customer’s case.

Notice must explain in writing what the action (change) will be, the reason for the action, the effective date of the change.

Notices must be in compliance with the rules for proper advance notice. For more information about proper notice see policy 770 .

Customers have the right to an agency conference to talk about their case.

Customers have the right to a review of department decisions through the fair hearing process. For more information about the fair hearing process see policy 125 .

Customers have the right to receive clear information about what programs are offered by DWS.

Customers have the right to certain amount of privacy concerning their circumstances and need for assistance. For more information about safeguarding information and release of information see policy 110 .

Customers have the right to Protection from Unreasonable Search and Seizure. A customer’s home will NOT be entered without the customer’s permission.

For Financial and Child Care, an appointment must be made if the home visit is made after working hours.

For SNAP, an appointment is required for all home visits.

Customers have the right to information about the requirements of programs and their own eligibility and assistance as well as the proofs on which the eligibility decision is based.

Customers can see most of the information in their case files. For more information about releasing information to customers see policy 110-2 .

If a customer needs an interpreter, the DWS will arrange for an interpreter. An interpreter should have fluent ability to understand and speak English and the language of the customer.

Customers have the right to receive information about how to register to vote at DWS offices. All customers will be asked if they wish to register to vote at application, review, and when they report an address change.

DWS will assist customers to complete the forms in the same manner as staff would assist in completing an application for benefits.

At no time will DWS encourage customers not to register to vote, to join a particular political party, or to vote in a particular manner. The decision about registering to vote will not affect the customer’s eligibility for assistance or the amount they will receive.

Family Planning Services -- Customers who request information about family planning services have the right to receive information about the family planning services offered by the State and where those family planning services may be obtained. Whether the customer chooses to receive this information does not affect the level of supportive services they receive.

Adoption Assistance for Birth Parents Information -- All pregnant customers applying for, or receiving, assistance must be:

Referred to appropriate prenatal medical care

Informed of the availability of adoption placement assistance

Offered an adoption information brochure if interested.

A customer has the right to select the type of child care which best meets the family's needs.

If a customer requests help in selecting a provider, DWS will refer the customer to the local CCRA- Child Care Resource Agency .

See Most Recent Obsolete Policy

Customers must complete and sign an application, including a form 61 for employment purposes (or other approved form).

Customers must give complete and correct information and provide requested verifications to establish eligibility for supportive services

Customers must report changes and provide verifications according to the rules for the programs in which they are participating. For more information on changes that must be reported see policy 750-2 .

For Financial Assistance, this includes changes and verifications to document movement toward the negotiated employment plan goal.

The customer is responsible for repaying any established overpayments of assistance received from Financial, SNAP and Child Care programs.

Attend FEP Orientation within 30 days of the application period before Financial benefits are authorized. Orientation is an eligibility requirement.

Comply with the Substance Abuse Determination Process.

Participate in assessment including identifying goals and possible barriers to accomplishing those goals.

Develop an employment plan including exploring strategies for overcoming barriers and participating in the determination of what level of participation is appropriate.

Participate in agreed upon activities, making progress toward goals and evaluate your progress.

The customer must cooperate with Quality Control in any subsequent review of eligibility. For more information see policy 715-5 .

Select an approved provider. Customers must report their choice of provider to the Department of Workforce Services (DWS) along with the start date of care if known. If no start date is reported or there is a discrepancy in start dates, the Department may use the start date verified with their chosen provider. Establish with the provider the individual need and cost of care per child. Report changes in providers timely. Complete and submit any requested Child Care verifications.

Any reported changes in the child care provider must be reported/or verified by the customer before it can take effect on the case.

The parent is responsible for paying the co-payment amount and all costs of care charged by the provider. If the Child Care subsidy is less than the amount charged by the provider, the parent is responsible for paying the child care provider for the difference.

The customer is responsible for monitoring the child care provider. DWS will not monitor the provider.

Providers are not expected to give services to state subsidized parents without receiving payment from the parent.

Providers assume all responsibility to collect co-payment and any other fees for child care services rendered. Neither DWS nor the State of Utah assumes responsibility for payment to providers.

Confidential information will not be released. If it is classified as confidential it CANNOT be used at a hearing. Also, confidential information CANNOT be used to close, deny, or reduce the assistance because the customer would not be allowed to see what caused the adverse action. Confidential information is:

The name and/or identity of a person who has disclosed information about a household without the household's knowledge. However, if the person disclosing the information states in writing that his or her name may be used, it is no longer considered confidential.

Any data regarding the nature or status of a pending criminal prosecution.

See Most Recent Obsolete Policy

When the customer or the customer’s authorized representative, requests to review the case record, the request must be made in writing. The written statement must include:

The date

The name of the person who will receive the information

The time period covered by the information

Customer’s signature

Upon written request, the customer may view and copy anything to do with his/her case record unless it is confidential. For more information about confidential information see policy 110-1 .

Because customers have the right to view their own case record, case records should contain statements of fact. Hearsay evidence, worker's professional opinion, or situational judgments MAY be stated in the case record AND are to be labeled as such in the case record.

Certain Wage information should not be released when the name reported does not match the customer’s name and there appears to be possible Social Security Number (SSN) misuse.

The customer may copy information from the file related to a hearing. The first 10 pages will be copied without cost to the customer.

See Most Recent Obsolete Policy

The child care provider is only entitled to know information regarding benefits to be paid to them for services provided. This information may be given upon request when a provider has a need to know. For release of information other than below, follow the requirements in policy 110-4 . Requests for additional information are good for 90 days from the date of receipt. Child care providers can electronically access limited and secure cast status information for Department of Workforce Services (DWS) subsidized Child Care customers in the DWS Provider Portal.

DWS may release the following information to the designated provider as identified by the parent:

Confirm the customer selected the child care provider as their designated provider. The customer's case number can be released to the designated provider.

The date the Child Care subsidy (direct deposit or check) was issued, the authorization number for the deposit or check, the status of the payment, the subsidy amount for that provider and the co-payment amount.

The date the customer's Child Care application was received.

General information about what additional verification is needed to approve Child Care, such as the customer’s approved hours of need for child care while they work or attend school and income. We cannot release third-party information.

Provide limited information regarding the status of a Child Care payment including that no payment was issued or services were denied.

Refer providers with questions regarding direct payments to provider or information found in the DWS Provider Portal to the Office of Child Care (OCC)at occ@utah.gov . A provider may report the non-receipt of a deposit or check to OCC or by phone to DWS.

Month of review

See Most Recent Obsolete Policy

Except for the exceptions listed below, permission must be obtained from the customer receiving assistance before sharing any information about that person. If the customer gives permission, information that may be released to the customer may be released to persons other than the customer with written permission from the customer. Documents that contain third party information cannot be released even with the customer’s consent. Mental health information cannot be released to the customer or to a third party.

All written requests must include:

The date the request is made;

The name of the person who will receive the information;

A description of the specific information requested including the time period covered by the request; and

The signature of the client.

Exception #1: In an emergency, as determined to exist by the Department's Information Disclosure Officer, information may be released to persons other than the customer before permission is obtained.

Exception #2: It is not necessary to obtain the customer’s permission when the request is NOT for Income Match information; AND the agency making the request has comparable rules for safeguarding its records, AND the person making the request needs the information to administer financial assistance programs, child protective service programs or foster care adoption assistance programs. This may be for such purposes as:

To establish eligibility for and participation in a Department of Workforce Services (DWS) assistance program listed in this manual.

To compute the amount of a DWS assistance payment.

To provide related social services. This includes the investigation of child abuse and neglect, child support enforcement, Head Start, Foster Care program including Adoption placement, Families and Communities Together (FACT), and the Native Employment Works (NEW) program.

When a DWS employee has reason to suspect neglect, abuse or exploitation of a child, disabled adult, or elder, the employee must promptly notify the Division of Child and Family Services (DCFS) by reporting the suspected abuse to the nearest DCFS office.

To assist in any investigation, prosecution, or criminal or civil proceeding connected with the administration of the employment related financial assistance programs.

To administer any other federal needs-based program such as School Meals, Medicaid, SSI (Supplemental Security Income), and Food Distribution.

To certify receipt of assistance for an employer to get a tax credit.

To complete any audit authorized by law.

For Financial and Child Care: Information on a customer may be released to an employee of a law enforcement agency to the extent the disclosure is necessary to avoid a significant risk to public safety or to aid a felony criminal investigation. No information may be released on Supplemental Nutrition Assistance Program (SNAP) customers for this purpose.

For All Programs (note limitation on SNAP customers in 3 below) – Information on a customer may be released to a law enforcement officer who is acting in his/her official capacity when the customer:

Is fleeing to avoid prosecution, custody, or confinement for a felony or is in violation of a condition of parole or probation, or

Has information which will assist a law enforcement officer in locating or apprehending an individual who is fleeing to avoid prosecution, custody or confinement for a felony or is in violation of a condition of parole or probation.

The only information which may be released for this purpose on a customer receiving SNAP is the customer’s address, Social Security Number (SSN), and photographic identification.

For SNAP Only – Information on a customer may be released to a law enforcement official for the purpose of investigating an alleged violation of the SNAP Act 7 USC 2011 or any regulation promulgated pursuant to the Act. The written request shall include the identity of the individual requesting the information and his/her authority to do so, the violation being investigated, and the identity of the person being investigated. For this purpose, DWS can release more than just the customer’s address, SSN, and photographic identification to the law enforcement official.

Information will not be released when it is to be used for a commercial or political reason.

Taxpayer requests to view public assistance payrolls will be denied.

If any source other than the customer requests information for any reason that is not included in this section, the information must not be released.

If the case file is subpoenaed by an outside source, immediately contact the DWS Information Disclosure Officer located in the Legal Division at DWS Administration. The DWS Disclosure Officer and/or DWS legal counsel for the DWS will ask the court to disallow the information from our case records. The legal counsel will cite Federal and State rules and this manual concerning the privacy and requirement to safeguard information concerning customers receiving assistance.

Safeguard all reports of matched data. This includes printouts, notice and request forms, computer terminal screen displays and any other items which contain Income Match reports. Restrict access to all income match reports.

Failure to follow these rules can result in penalties and/or jail time. For more information on income match data see policy 110-5A , 720-9 .

After the match is verified, proof of the income or asset must be included in the case record. This information is fact and can be treated as any other case fact. Follow normal rules to safeguard the case record. For policy on sharing case facts see policy 110-3 , 110-4 .

Proof of Income Match reports does NOT change the status of the Income Match printout or report. The report material MUST be safeguarded even after the information has been verified.

110-5A - Special Safeguards for Internal Revenue Service (IRS) Federal Tax Information (FTI)

110-5B - Who Has Access to Income Match Data

See Most Recent Obsolete Policy

Federal Tax Information (FTI) must NOT be recorded or stored in any place where unauthorized persons may have access to it. The consequence for not following this rule is VERY severe. The IRC (Internal Revenue Code) prescribes a criminal fine of $5000 and/or imprisonment of not more than 5 years for Federal and State employees and other persons who illegally disclose information from Federal tax returns. Upon discovering a possible improper inspection or disclosure of FTI, including breaches and security incidents, by a federal employee, a state employee, or any other person, the individual making the observation or receiving information should immediately notify the supervisor and the Department of Workforce Services Information Security Officer. Special care must be taken to protect FTI from staff who are not authorized to see case files and/or view FTI data. FTI data should never be printed and/or stored. Staff should only access FTI when there is a business need. NO information can be in the case that can be identified as FTI.

NEVER include items in the case record that can form a direct link to FTI. Never refer to the IRS anywhere on the case or in notices. General statements such as "inaccurate income" must be used. The pre-formatted notices to request verification were designed specifically to meet the safeguard rules and may not be altered or added to.

Workers with access to FTI must adhere to all department procedures for safeguarding the information.

The people listed below have access to Income Match Records:

Applicants and recipients may view their own income match records, except for IRS income match records .

Staff who work for the Social Security Administration.

Internal Revenue Services (IRS) staff who work with tax returns or Income Match data (including safeguards).

Staff who administer the following programs in Utah, other states, or federal agencies (Quality Control reviews, fair hearings, program outreach and referral activities and the pursuit of overpayments are aspects of program administration):

FEP - Family Employment Program

SNAP - Supplemental Nutrition Assistance Program

Child Care

Medicaid

Child Support Enforcement (ORS)

Social Security (OASDI - Old Age, Survivors and Disability Insurance or SSI - Supplemental Security Income)

Unemployment Insurance

Staff members who work for other programs do NOT have access to Income Match records from Social Security Administration Wage Match or IRS. This includes staff members who work exclusively with other federal programs such as, but not limited to, Title XX (Day Care and other) programs.

In order for auditors to see Income Match data, they must have proof of their right to see the IRS match records. Proof of the right to see IRS data includes being named in the IRS code list of those with access or a letter from IRS. Call the State office for any questions about someone's right to see the IRS match data.

If a customer placed on a Department of Workforce Services (DWS) Worksite Learning (WSL) worksite is given access to confidential information, the customer must safeguard that information. Although the customer may have access to additional information, the customer must only access that information for which they have express permission from Department personnel.

If a customer accesses information without permission or fails to keep all information confidential, it will result in immediate termination from the DWS Worksite Learning worksite. Customers cannot call a fair hearing on termination from the worksite.

The Department of Workforce Services (DWS) must safeguard or restrict access to any information on individual customers. It does not matter whether this information is kept in the case record, in the computer system or somewhere else. It can be shared only as described in policy 110-4 and 110-5 . Any person who fails to safeguard information is subject to disciplinary action as well as both civil and criminal penalties.

DWS can give out general statistics. Information obtained by DWS from any source, which would identify the individual, will not be released without the individual's consent or, if the individual is a minor, the consent of his or her parent or guardian.

110-1 - Confidential Information

110-2 - Releasing Information to Customers Receiving Assistance

110-3 - Releasing Information to a Child Care Provider

110-4 - Releasing Information to Sources Other Than the Customer

110-5 - Safeguarding and Accessing Income Match Data

110-6 - Safeguarding and Accessing Confidential Information by WSL (Worksite Learning) Customers at DWS Worksites

See Most Recent Obsolete Policy

Any staff member must follow up on a complaint they receive.

The customer can make a complaint in person, by phone, or in writing to either the Employment Center or to a Department of Workforce Services (DWS) Customer Relations person.

All complaints are to be resolved as quickly as possible.

Complaints are responded to in the same way as they are received: in person, by phone, or in writing.

The customer may file a complaint within 180 days from the date of the alleged violation.

Discrimination Complaints should be in writing. If the customer does not want to write it down, the DWS worker will do so.

Because of the limited time frames, complaints about expedited SNAP must be addressed immediately, by the quickest method possible.

DWS will process complaints involving SNAP pursuant to DWS Administrative Policy 1407 .

A customer must file a discrimination complaint with:

The Secretary of U.S. Department of Agriculture (USDA), or

The Administrator of Food and Nutrition Services (FNS), or

DWS, or

Both DWS and USDA/FNS

When a customer wants to file a discrimination complaint involving SNAP, staff can refer the customer to the following:

DWS: Equal Opportunity Liaison, eo@utah.gov , 801-526-9445 (voice), hearing/speech impaired, Relay Utah, 711, Spanish Relay 1-888-346-3162

Customers can file a complaint at https://jobs.utah.gov/department/contact/customer.html

USDA or FNS: https://www.usda.gov/oascr/filing-program-discrimination-complaint-usda-customer ; Director, Center for Civil Rights Enforcement, 1400 Independence Avenue, SW, Washing DC 20250-9410; 866-632-9992 (voice), federal relay for hearing speech/impaired at 800-877-8339, Spanish 800-845-6136; program.intake@usda.gov.

Complaints about health and safety issues in a child care setting must be reported to the Department of Health and Human Services, Child Care Licensing (CCL) program. For additional instructions and to file a complaint online refer the customer to dlbc.utah.gov/home/office-of-licensing/child-care/ . Customers may also call 801-273-2895 to file a complaint against a child care provider.

In addition to filing a complaint with CCL, abuse and neglect complaints must be referred to Child Protective Services, Child Abuse Hotline at 1-855-323-3237 and/or the local law enforcement agency.

Refer exempt providers who must be licensed according to state licensing laws to the Department of Health and Human Services, Child Care Licensing Unit ( dlbc.utah.gov/home/office-of-licensing/child-care/ ).

A list of substantiated licensed provider complaints is available through Care About Childcare by completing a provider search and selecting the provider’s Department of Health and Human Services Child Care Licensing Record.

120 - Agency Conferences

The agency conference provides a means of conflict resolution between the customer and local office staff. In this process the customer and office staff, including the supervisor, identify and attempt to resolve problems.

The agency conference may be used as an on-going part of daily work, or in an attempt to resolve issues when the customer has a complaint or has requested a fair hearing.

The agency conference is not mandatory and does not replace the fair hearing process. The customer may request a fair hearing and has the right to proceed regardless of the outcome of the agency conference.

If a customer is contesting a denial of expedited Supplemental Nutrition Assistance Program , the conference must be scheduled within 2 days.

See Most Recent Obsolete Policy

A customer has the right to a review of an adverse Department action by requesting a hearing.

A customer must request a hearing in writing or orally within 90 days of the date of the notice of agency action with which the customer disagrees or within 30 days for a Medical, Financial, or Child Care Overpayment. The Department will document any oral request for a hearing inwriting.

Only a clear expression by the customer or authorized representative to the effect that the customer wants an opportunity to present his or her case is required.

The request for a hearing can be made at the local office or the Division of Adjudication, by phone, email, fax or mail.

If the customer disagrees with the level of SNAP benefits paid or payable, the customer can request a hearing within the eligibility period, even if that is longer than 90 days.

If a request for restoration of lost SNAP benefits is made within one year of the loss of benefits a customer may request a hearing within 90 days of the date of the denial of restoration.

Hearings are scheduled as telephone hearings. If an in-person hearing is needd, the customer must contact the Division of Adjudication in advance of the hearing and request that the hearing be converted to an in-person hearing. The ALJ will tell the customer and the Employment Center: the time, date, place, and reason for the hearing. Generally, the ALJ has to mail this notice at least 10 days before the hearing. However, if all parties agree, the ALJ can hold the hearing sooner.

Legal counsel is available to the Employment Center.

125-2 - Requesting Fair Hearings Concerning Non-Cooperation with Child Support Enforcement

125 - Fair Hearings

See Most Recent Obsolete Policy

The Office of Recovery Services (ORS) has complete responsibility for determining if a customer is cooperating with Child Support Enforcement. If a customer disagrees with ORS’s determination of non-cooperation with Child Support Enforcement, they must ask ORS for a review of the non-cooperation determination.

If a parent has requested a Fair Hearing on the non-cooperation issue, the Department of Workforce Services (DWS) Administrative Law Judge (ALJ) cannot issue a decision that would change or modify ORS’s determination of non-cooperation. An ALJ may make a decision on whether DWS followed the required policy and procedures upon receiving notification from ORS of the customer’s non-cooperation.

125-8 - Issuance of Assistance Through the Fair Hearing Process

125 - Fair Hearings

The customer can ask for postponements of the scheduled hearing. These postponements cannot exceed a total of 30 days. The Administrative Law Judge (ALJ) may adjourn, reschedule, continue or reopen a hearing on the ALJ’s own motion or on the motion of the customer or the Department.

A party that is unable to proceed with or participate in the hearing on the date or time scheduled must request that the hearing be rescheduled to another day or time.

The request for rescheduling must be made prior to the hearing.

The request must be made orally or in writing to the ALJ who is scheduled to hear the case.

The party who requests rescheduling must show a reasonable reason for the request.

More than one request to reschedule will not normally be granted.

The rescheduled hearing must be held within 30 days of the original hearing date.

125-4 - Canceling a Fair Hearing

125-5 - Failure to Appear for or Participate in a Fair Hearing

125 - Fair Hearings

See Most Recent Obsolete Policy

When a customer or authorized representative notifies the Division of Adjudication or the Administrative Law Judge (ALJ) that they want to cancel the hearing and not proceed with the appeal, a decision dismissing the appeal will be issued within 10 days of the date of written or oral request. This decision will have the effect of upholding the Department decision. The customer will have 10 days in which to reinstate the appeal by filing a written or oral request for reinstatement with the Division of Adjudication.

125-3 - Postponing the Fair Hearing

125-5 - Failure to Appear or Participate in a Fair Hearing

125 - Fair Hearings

See Most Recent Obsolete Policy

If the customer or authorized representative fails to appear at or participate in the hearing, the Administrative Law Judge (ALJ) will, unless a continuance or rescheduling has been requested, issue a decision based on the available evidence. If the customer or authorized representative can later provide good cause for failure to participate in the hearing, the hearing must be rescheduled.

125-3 - Postponing a Fair Hearing

125-4 - Canceling a Fair Hearing

125-6 - Reopening the Fair Hearing

125 - Fair Hearings

See Most Recent Obsolete Policy

Any customer or authorized representative who fails to participate at a hearing may request that the decision issued be set aside and a new hearing scheduled. If a customer or authorized representative failed to participate in a hearing but no decision has yet been issued, the customer or authorized representative may request that the hearing be reopened.

The request must be in writing, must set forth the reason for the request and must be mailed, faxed or delivered to the Division of Adjudication within ten days of the issuance of the decision. If the request is made after the expiration of the time limit, the customer or authorized representative requesting reopening must show good cause for not making the request within ten days.

The Administrative Law Judge (ALJ) has the discretion to schedule a hearing to determine if a customer or authorized representative requesting reopening satisfied the requirements of this rule or may, after giving the customer or authorized representative an opportunity to respond to the request, grant or deny the request on the basis of the official record in the case.

The ALJ may, on the ALJ’s own motion, reschedule, continue or reopen a case if it appears necessary to take continuing jurisdiction based on a mistake as to facts or if the denial of a hearing would be an affront to fairness.

If a request for reopening is not granted, the ALJ will issue a decision denying the request to reopen. A copy of the decision will be given or mailed to the customer or authorized representative, with a clear statement of the right of appeal or judicial review.

125-5 - Failure to Appear for or Participate in a Fair Hearing

125-7 - Grounds to Reopen the Fair Hearing

125 - Fair Hearings

Failure to report as instructed at the time and place of the scheduled hearing is the equivalent of failing to participate, even if the party reports at another time or place. In such circumstances the party must request that the hearing be reopened. The Administrative Law Judge will determine whether to reopen the hearing.

Good cause for failing to participate in a hearing may not include such things as:

failure to read and follow instructions on the notice of hearing;

failure to arrange personal circumstances such as transportation or child care;

failure to arrange for receipt or distribution of mail;

failure to delegate responsibility for participation in the hearing; or

forgetfulness.

125-5 - Failure to Appear or Participate in a Fair Hearing

125-6 - Reopening the Fair Hearing

125 - Fair Hearings

See Most Recent Obsolete Policy

Reinstate or continue SNAP or Refugee Cash Assistance (RCA) financial assistance pending a hearing contesting a Department decision to reduce or terminate benefits if the customer’s request for a hearing is received no later than ten days after the reduction or termination became effective.

Child Care benefits will not be reinstated or continued regardless of when the appeal is filed.

Financial assistance payments under Family Employment Program (FEP), Family Employment Program - Two Parent (FEP-TP) or General Assistance (GA) will not be reinstated or continued regardless of when the appeal is filed.

Financial assistance under the RCA program will not extend for longer than the eight-month time limit for that program under any circumstances.

Based on the program requirements listed above, if the customer is eligible for continued benefits, the following apply:

The assistance will continue unless the eligibility period expires or until a decision is issued by the Administrative Law Judge (ALJ). If the eligibility period expires while the hearing or decision is pending, assistance will be terminated. However, the customer can reapply and may be eligible for a new eligibility period with a new benefit level.

If the customer does not request the hearing within 10 days of the action, assistance may be continued if the customer can show good cause for failing to file in a timely fashion. Good cause in this paragraph means that the customer made every effort to comply. Because the Department allows a customer to request a hearing by telephone or mail, good cause does not mean illness, lack of transportation or temporary absence.

Assistance is continued pending a hearing unless the customer requests in writing that they not be continued.

If a customer does not check the box on form 490 requesting assistance to be continued, assistance should be continued.

If the customer originally chose to continue benefits and then wishes to discontinue benefits, the request must be made in writing.

If payments are continued pending a hearing, the customer is responsible for any overpayment in the event the decision supports the Department of Workforce Services (DWS) action. Any overpayment resulting from assistance being issued pending the hearing decision will be referred to a payment specialist.

If a change occurs pending the hearing decision and a customer becomes ineligible or the assistance amount is reduced, assistance will be terminated or reduced based on the change unless a hearing is requested on the new action.

If the decision of the ALJ is adverse to the customer, the customer is not eligible for continued assistance pending any further appeal of the ALJ’s decision.

If a decision favorable to the customer is rendered after a hearing and payment was not made pending the decision, retroactive payment will be paid back to the date of the adverse action if the customer is otherwise eligible.

Continued assistance is provided to the household at the same levels it would have received prior to the decision on which the hearing is based.

If assistance is continued because the customer had requested a hearing to dispute the amount of an overpayment, the assistance is issued minus the recovery amount. However, if the financial assistance is continued because the customer is disputing whether there is an overpayment, the original amount of assistance is reinstated.

Benefits shall not be reinstated for more than 12 months prior to the request for restoration of benefits or when it is discovered the household has lost benefits, whichever occurs first.

Do not reinstate benefits from the denial of an application for any program.

The customer is NOT eligible to continued assistance pending ANY appeal of the initial hearing decision.

125 - Fair Hearings

See Most Recent Obsolete Policy

Hearings are not open to the public.

A customer may have a representative at the hearing or invite friends or relatives to attend as space permits.

Representatives from the Department of Workforce Services (DWS) or other state agencies may be present.

All hearings will be conducted informally and in a way to protect the rights of the parties. The hearing may be recorded.

All issues relevant to the hearing, except overpayment if any, will be considered and decided upon.

The decision of the Administrative Law Judge (ALJ) will be based solely on the testimony and evidence presented at the hearing. The Department will provide a free copy of any portion of the case file to be used during the hearing. Confidential information will not be released to the customer.

All parties may testify, present evidence, or comment on the issues. All testimony of the parties and witnesses will be given under oath or affirmation.

Any party to an appeal will be given an adequate opportunity to be heard and present any pertinent evidence of probative value and to know and rebut by cross-examination or otherwise any other evidence submitted.

The ALJ will direct the order of testimony and rule on the admissibility of evidence.

Oral or written evidence of any nature, whether or not conforming to the legal rules of evidence including hearsay, may be accepted and will be given its proper weight.

Official records of the Department, including reports submitted in connection with any program administered by the Department or other State agency may be included in the record. Adequate time must be given to allow the customer or authorized representative the opportunity to review any portion of the case file being presented prior to the hearing.

The ALJ may request the presentation of and may take such additional evidence as the ALJ deems necessary. The customer or representative must be given an opportunity to examine documents during the hearing.

The parties, with consent of the ALJ, may stipulate to the facts involved. The ALJ may decide the issues on the basis of such facts or may set the matter for hearing and take such further evidence as deemed necessary to determine the issues.

The ALJ may require portions of the evidence be transcribed as necessary for rendering a decision.

Unless the customer requests a continuance, the decision of the ALJ will be issued within 60 days of the date on which the customer requests a hearing.

A decision of the ALJ which results in a reversal of the Department decision shall be complied with within 10 days of the issuance of the decision.

For a telephone hearing a facilitator may also be present. Any worker who is not involved with the case at issue may act in this role. This person may:

Identify and seat all people who attend the hearing.

Receive the call from the ALJ, confirm the call and the hearing scheduled, introduce all parties involved in the hearing.

Administer the oath or affirmation. Confirm for the hearing record, that each person took the oath.

Assist parties as needed such as finding documents.

125 - Fair Hearings

The Administrative Law Judge (ALJ) may take evidence after the hearing. If more facts are found in this process, the ALJ may reopen the hearing.

125-6 - Reopening the Fair Hearing

125 - Fair Hearings

See Most Recent Obsolete Policy

The Administrative Law Judge (ALJ) must issue a written decision within 60 days of the date the Department receives the hearing request. However, if the customer received a postponement, the 60-day time limit may be extended for as many days as the hearing was postponed.

The ALJ must send a copy of the decision to the State Program Specialist, the Director of the local office involved in the hearing, the customer, and the customer's authorized representative.

The written decision must include:

The evidence that was presented.

Findings of fact based on the evidence.

Laws and rules upon which the decision was based.

Why such laws and rules apply to these facts and result in this decision.

The customer's right to appeal.

A hearing decision is binding on both the state and local offices. The eligibility office must comply within ten days.

The Eligibility Services Supervisor must review the case within 30 days to make sure the action has been taken.

The Department of Workforce Services will consider corrective action if a decision indicates a statewide problem.

125 - Fair Hearings

See Most Recent Obsolete Policy

Eligibility Services or the customer can appeal the decision of the Administrative Law Judge (ALJ) to either the Director of the Division of Adjudication or to the District Court. Either appeal must be filed, in writing, within 30 days of the issuance of the decision by the ALJ.

The Eligibility Services Supervisor must review the decision with their manager. The Manager and Supervisor must submit the reason for their decision to appeal with the State Program and Training Manager to ensure the reason for appeal is correct before making the appeal to the Director of the Division of Adjudication.

125 - Fair Hearings

The Division of Adjudication keeps a record of the hearing request and the hearing decision. These detailed records are safeguarded. They are available under the same conditions as any other case file information. See section 110 for policy on safeguarding and releasing information.

125 - Fair Hearings

Customers have the right to appeal an adverse Department action through the fair hearing process.

125-1 - Requesting the Fair Hearing

125-2 - Requesting Fair Hearings Concerning Non-Cooperation with Child Support Enforcement

125-3 - Postponing a Fair Hearing

125-4 - Canceling a Fair Hearing

125-5 - Failure to Appear for or Participate in a Fair Hearing

125-6 - Reopening the Fair Hearing

125-7 - Grounds to Reopen the Fair Hearing

125-8 - Issuance of Assistance through the Fair Hearing Process

125-9 - Fair Hearing Process

125-10 - Written Statements Submitted after the Fair Hearing

125-11 - Fair Hearing Decisions

125-12 - Further Appeal of the Fair Hearing Decision

125-13 - Fair Hearing Records

Section 200 covers the eligibility program requirements for Financial, Supplemental Nutritional Assistance Program, and Child Care programs.

205 - Financial Assistance - General Information

207 - SNAP - General Requirements

210 - Child Care - General Requirements

215 - U.S. Citizenship Requirements and Non-Citizen Status Requirements

216 - Utah Residency

217 - Social Security Number (SSN) Requirements

220 - Household Composition - Financial Programs

230 - Household Composition - SNAP

240 - Household Composition - Employment Support Child Care

250 - 269 - Additional Household Situations

280 - Program Time Limits

See Most Recent Obsolete Policy

The Family Employment Program (FEP) is available at all Employment Centers. The program serves eligible families with dependent children and families where no dependent children reside in the home but a woman is pregnant and in her third trimester. Household composition determines the participation requirements of the family. See policy 221 for information on household composition for FEP.

The goal of the Family Employment Program is to increase family income by concentrating on employment and child support payments. The premise of the program is that everyone can become more self sufficient by focusing on employment.

The Family Employment Program connects customers to appropriate activities such as job search, job training, adult education, skill training, community work, child support enforcement, and other employment related activities. By using appropriate, available resources to follow through on an individualized employment plan, including providing supportive services such as Financial assistance on a short-term basis, a family will move toward their maximum achievable self-supporting level as quickly as possible.

A household that receives Financial assistance, including a diversion payment, from the Family Employment Program remains eligible for Y funds for twenty-four months after Financial assistance terminates. A household that receives regular monthly FEP payments, excluding diversions, may be eligible for other supportive services.

An initial interview, FEP Orientation, FEP agreement, preliminary employment plan and completing trial participation (if required) are required for the application to be approved.

Household applying for FEP or receiving ongoing FEP payments may receive FEP Child Care. This excludes households approved for diversion. See policy 210-1 .

The Family may receive Medicaid. See the Medicaid Eligibility Manual.

This is a time limited program. See policy 281 .

205-1A - Family Employment Program (FEP) - Diversion - General Information

205-1B - Transitional FEP Cash Assistance (TCA) and Extended Services

205-1A - Family Employment Program Diversion

205-2 - Family Employment Program-Two Parent (FEP)

205-3 - Specified Relative-General Information

221 - Household Composition- FEP

See Most Recent Obsolete Policy

FEP Diversion Financial assistance serves FEP applicants only when Department of Workforce Services (DWS) determines that a one-time Financial assistance payment will result in the household becoming self-supporting.

As part of the assessment by the Employment Counselor, the family's circumstances will be reviewed to determine if a FEP diversion is appropriate. Households that receive diversions will receive an amount equal to 3 months of the full FEP allotment for the household size at the time of application. Future household changes cannot be included when determining a diversion, and supplemental diversion payments cannot be issued if the household size increases after the diversion is approved.

Diversion assistance is not available to:

Family Employment Program - Two Parent (FEP-TP) eligible households

Example: If a household consists of two parents who are not incapacitated and who are eligible for FEP-TP, the household is not eligible for a Diversion.

or

Family Employment Program (FEP) eligible households where the primary household member’s relationship to the only eligible child(ren) is anything other than parent (natural, adoptive, or step).

Example: If the primary household member is an aunt to the only eligible child in the household, the household is not eligible for a Diversion.

The family must be eligible for a Financial payment of at least one dollar from FEP; they MUST pass ALL eligibility and income tests. This includes completing a Trial Participation and clearing up all previous non-participation issues.

Customers who are determined appropriate for diversion must meet with an employment counselor to receive a FEP Orientation, complete the initial assessment for FEP, and sign a Diversion Agreement. Diversion customers are not subject to the Substance Abuse Determination Process.

The family must agree to have the Financial portion of the application for assistance denied. Once the diversion is received, the customer will not be eligible for FEP again for the diversion month and for 2 full months following the diversion month, regardless of any changes in the household’s situation. The customer must reapply after the ineligibility period if they wish to receive ongoing FEP payments.

A household is only eligible to receive a diversion payment one time in any 12-month period.

The diversion household is not eligible for FEP Child Care or Transitional Child Care. The household may request Employment Support Child Care (ESCC) at the time they are approved for Diversion. If the customer didn’t request ESCC on the eligibility application or at the time the diversion is approved, the start date will be the date of request until all programs applied for have been approved or denied. A customer is required to reapply for child care is the request was not made prior to all programs being approved or denied. See policy 210-2 .

The household may receive Family Medicaid. See the Medicaid Eligibility manual.

The diversion household will remain categorically eligible for Supplemental Nutrition Assistance Program for 24 months. See policy 261 .

Months in which a diversion is received do not count toward the time limit. See policy 281-1 .

If a customer has exhausted their 36 month time limit, they must first meet a criteria for extension in order to be considered for a Diversion.

See Most Recent Obsolete Policy

A Family Employment Program (FEP), Family Employment Program – Two-Parent (FEP-TP) household whose FEP case closes because of income, and whose countable earned income exceeds the countable unearned income limit may receive three months TCA to provide support and stability in the transition to employment if the parent(s) in the household work an average of 30 hours per week.

Transitional and Extended Support services are available to FEP and FEP-TP families to support their transition to employment. Services help families stabilize after the loss of FEP assistance, sustain employment and reduce recidivism.

Who is eligible for TCA?

Customers included in the FEP household who verify the earned income of the parent(s) in the home exceeds unearned income in the month following FEP closure may be considered for TCA.

FEP (includes FEP-TP Incapacity) and FEP-TP customers whose FEP cases close because of income and who have earned income greater than their unearned income and the hours of employment for each able-bodied parent averages 30 hours per week.

Documentation of employment must be provided within required time frames (see #3). Self-employed customers: The income must be based on profits (gross income minus business expenses). See Workforce Development Division (WDD) policy 3162

Customers who verify income and sign a TCA Agreement by the 15th of the month following FEP closure are eligible for TCA.

Only one month of FEP prior to FEP, closure is required to receive TCA.

Customers who verify income and sign a TCA Agreement by the 15th of the month following FEP closure are eligible for TCA.

Who is NOT eligible for TCA?

Diversion customers. Consider Employment Support for Diversion customers.

Customers who have a pending non-participation or pending non-compliance occurrence entered into Utah's Workforce System ( UWORKS ) .

Customers who are not earning a wage greater than their unearned income.

Customers who are not working an average of 30 hours per week.

Customers who did not receive a FEP benefit in the previous month.

Customers who report employment income without providing verification.

Customers who fail to cooperate with Office of Recovery Services during any TCA month, unless there is documentation of the customer claiming good cause.

Customers who received General Assistance/Adoption Assistance benefit in the previous month.

TCA Household Size Considerations

During the 3-month TCA period the grant will be adjusted based on the following circumstances:

If a baby is born or a child moves into the household the grant will be supplemented to meet the current household size. If a child moves out of the household the grant will be reduced to meet the current household size.

If a parent moves into the household when the case is already open for TCA, the grant will be supplemented to meet the current household size. If a parent moves out of the household when the case is already open for TCA, the grant will be reduced to meet the current household size.

Both parents must meet the Transitional Child Care Employment Requirements to be eligible to receive TCA Child Care.

If a parent with income moves into the household while the case is open for FEP and the FEP case is closed based on this income the household is not eligible for TCA if the parent was not included in the FEP grant the month it was closed for income.

The Employment Counselor must not have either parent sign the TCA agreement so an Event does not get sent to eREP to open TCA.

Three months of TCA are issued as follows:

Month one and two are full grants based on household size.

Month three is one half the grant based on household size.

All income is disregarded from the grant for the 3 TCA months

Customers are eligible for 3 months of TCA in any 12-month period. The three months of TCA do not have to be consecutive.

If the hours of employment fall below the required average of 30 hours per week, the TCA will be closed.

The months of TCA do NOT count toward the Federal Temporary Assistance for Needy Families (TANF) or Utah lifetime limit (exception: March & April 2007 count against the Utah lifetime limit). Do NOT report TCA months to other states as TANF months. See policy 281-1

TCA may also include the following services:

24 months case management, 6 of which are required to be monitored in UWORKS

Y funds

Six months Transitional Child Care without a parent income adjustment, if otherwise eligible for Employment Support Child Care. See policy 210-4 FEP Cases Closed For Increased Income-Transitional Child Care.

Transitional or other Medicaid if eligible

SNAP, if eligible

FEP, FEP-TP customers whose FEP case closes because of income or other reasons who do not have earnings greater than the income limit for the household size may be eligible for Extended Services. Diversion customers are not eligible for Extended Services. See WDD Policy 3161 .

See Most Recent Obsolete Policy

The Family Employment Program for Two Parents (FEP-TP) serves households where a child (or parent is in the third trimester) has two or more parents residing in the household, who are capable of engaging in substantial gainful employment activities that equal $500 or more a month. Generally, FEP rules apply to FEP-TP. Exceptions noted where applicable. See policy 222 for policy on household composition for FEP-TP. Consider FEP when a two parent family has one parent not able to earn $500 or more a month because of illness/incapacity that lasts for more than 30days. See policy 221 for policy on household composition for FEP.

Provides Financial assistance on a short-term basis. This is a time limited program see policy 282 .

Contains very strict participation standards to help ensure that households become self-supporting as soon as possible

Parents will share hours in eligible activities that must total 60 hours per week including;

Community work sites

Job search activities

Short-term skill training

Adult basic education

Base payment on performance and not on the application date or appointment date, both parents must complete all employment counseling requirements, including the Substance Abuse Determination Process.

If parents chose to begin participation prior to being approved for FEP-TP, they will not be paid if they are found ineligible.

Families receiving FEP-TP may also be eligible to receive Medicaid. See Medicaid Eligibility Manual .

222 - Household Composition - FEP

205-1 - Family Employment Program (FEP) - General Information

205-1A - Family Employment Program (FEP) - Diversion

205-3 - Specified Relative-General Information

A specified relative who has a specific relationship to a child in the home may apply for Financial assistance for that child when the child is living with the specified relative and the child's parents are absent from the home.

The child may receive Medicaid. The specified relative may also receive medical assistance if eligibility requirements are met. See the Medicaid Eligibility Manual .

The specified relative may be eligible for Child Care.

If the specified relative is included in the Financial assistance payment, Family Employment Program (FEP) Child Care would be used.

If the specified relative is not included in the Financial assistance payment, Employment Support Child Care would be used.

223 - Household Composition - Specified Relative

See Most Recent Obsolete Policy

The Utah Adoption Assistance Program provides employment connection services, including Financial Assistance, to a Utah resident birth parent who was, or would have been, the parent of a child whose custody has been relinquished for the purpose of adoption. The program provides assistance to a birth parent who would otherwise be eligible for Family Employment Program (FEP) assistance if custody of the child had been maintained.

The date of relinquishment is the date the birth parent signs the relinquishment form.

A Utah resident parent must have voluntarily relinquished custody of the child for the purpose of adoption. In Utah a relinquishment of a child can occur at any age, with the condition that a child age 12 or older must agree to the relinquishment.

Birth parents who have their parental rights terminated by a court are NOT eligible for this program.

To be eligible for adoption assistance the parent must be participating in appropriate employment related activities such as job search, job training, high school/adult education, skill training, community work, and other related employment activities. See policy 321 for more information on participation requirements.

Assistance for a woman who is in her third trimester, and is planning to relinquish custody of the child for the purpose of adoption is based on the Family Employment Program requirements until the child is born and custody has been relinquished. Once verification of relinquishment has been provided, Financial adoption assistance may continue to be provided based on participation and eligibility requirements.

A parent not receiving Financial assistance at the time of relinquishment must apply for the Adoption Assistance Program by the end of the second month after the month of relinquishment. Adoption Assistance is not available to a parent who applies outside of this time frame.

For a birth parent with other related dependent children residing in the home, the parent must be eligible for and receive FEP Financial assistance. An additional adoption assistance amount will be added to the monthly amount.

FEP/AA parents are required to meet the requirements of the Substance Abuse Determination Process.

For a birth parent with no other related dependent children residing in the home, Financial adoption assistance will be provided equal to a household size of one if otherwise determined eligible.

A birth parent who relinquished custody of a child and then takes back custody of the child before the adoption is finalized, is no longer eligible for Adoption Assistance.

Medical Programs:

If the birth parent is eligible for the Family Employment Program because other related children are living in the household, the parent may be eligible for Medicaid assistance.

A birth parent who receives adoption assistance as a household size of one because no other related children are living in the household, may qualify for Adult Expansion.

See the Medicaid Eligibility Manual .

This is a time limited program. See policy 283 .

224 - Household Composition - AA

See Most Recent Obsolete Policy

The term “refugee” encompasses all the groups defined under policy 215-2C .

Refugee Cash Assistance (RCA) provides limited Financial assistance to refugees. RCA is limited to up to 4 months from the date of Office of Refugee Resettlement (ORR) eligibility for individuals granted ORR eligibility on or after May 5, 2025, or for up to 12 months for individuals granted ORR eligibility prior to May 5, 2025. See policy 284 for more information on the time limits for this program.

The eligibility date for Afghani Humanitarian Parolees for ORR benefits and services is October 1, 2021 (if the individual has already entered the community) or their date of entry into the community, whichever is later. Afghani Humanitarian Parolees may qualify for refugee supportive services until the end of the parole term or March 31, 2023, whichever is later.

For Asylees and Victims of Trafficking, the eligibility date will be the date of asylum or certification date.

For Afghan Special Immigrants and Special Immigrants with Conditions who traveled directly to an Operations Allies Refuge/Operation Allies Welcome (OAR/OAW) Safe Haven, the eligibility date will be the date of entry into the community.

The Refugee Cash Assistance Program is one of the services for refugees under the Refugee Resettlement Program. The objective of the Refugee Resettlement Program is to provide for the effective resettlement of refugees; and to assist refugees to achieve economic self-sufficiency within the shortest possible time after entrance to the state through employment and acculturation by use of coordinated support services and cash/medical assistance.

The Refugee Cash Assistance Program connects refugees to appropriate activities such as job search, job training, adult education, skill training, community work, English language training, and other employment related activities. A refugee will move toward their maximum self-supporting level as quickly as possible by using appropriate, available resources to follow through on an individualized employment plan. This includes providing supportive services such as Financial assistance on a short-term basis.

Refugees must be evaluated for Family Employment Program (FEP) before considering RCA. If the refugee is not eligible for the FEP, eligibility for RCA will be determined. The eligibility determination for which fnancial assistance program the refugee should receive will occur in the following order:

Family Employment Program (FEP)

Single Parent

Two Parent – Incapacity

Specified Relative

Refugee Cash Assistance (RCA) - Two Parent (RCA-TP) or Single Adult/Couples Without Dependents

Family Employment Program - Two Parent (FEP-TP)

General Assistance (GA)

When a refugee applies for financial assistance, determine eligibility for FEP first if the household contains a single parent, or two parents with an incapacitated parent, or a specified relative.

If the refugee has been sanctioned from FEP or FEP-TP, they are ineligible for RCA during the FEP or FEP-TP sanction period.

If the refugee has been in the U.S. no longer than 12 months or 4 months if ORR eligibility date is on or after May 5, 2025 and is not eligible for FEP determine eligibility for RCA. If the refugee is eligible, open the case under the RCA program.

If the refugee has been in the U.S. longer than 12 months or 4 months if ORR eligibility date is on or after May 5, 2025 and is not eligible for FEP or RCA, determine if the refugee or family can qualify under the FEP-TP program.

If the refugee has been in the U.S. longer than 12 months or 4 months if ORR eligibility date is on or after May 5, 2025 and is not eligible for FEP or FEP-TP, determine eligibility for GA. Use the same policy and procedures that you use for anyone else applying for General Assistance.

Iraqi Special Immigrants admitted as Lawful Permanent Residents (with Special Immigrant Visas) are treated the same as refugees. Iraqi Special Immigrants may be eligible for RCA if they are not eligible for FEP.

Afghan Special Immigrants admitted as Lawful Permanent Residents (with Special Immigrant Visas) are treated the same as refugees. Afghan Special Immigrants may be eligible for RCA if they are not eligible for FEP.

A non-citizen, who is an Iraqi or Afghani Special Immigrant Visa Holder, while not identified as a refugee, shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any Federal agency to the same extent as a non-citizen who is admitted to the United States as a refugee under Section 207 of the INA.

A citizen or national of Afghanistan who was admitted to the United States with SI/SQ Parole (per section 602(B)(1) AAPA and section 1059(a) NDAA 2006), Special Immigrant (SI) Conditional Permanent Residence (CPR), or Humanitarian Parole status (per the Afghanistan Supplemental Appropriations Act, 2022); and their spouses and children.

If the refugee is receiving financial assistance under a local refugee resettlement agency’s Matching Grant Program, the refugee should NOT be processed for financial assistance under FEP, FEP-TP, or RCA until the Matching Grant assistance is terminated.

If the refugee terminates their Match Grant Program agreement with their resettlement agency, the refugee may apply for FEP, FEP-TP, or RCA. RCA will only be available for the remaining months up to the twelfth month or 4 months if ORR eligibility date is on or after May 5, 2025 from the refugee’s date of ORR eligibility.

All refugees who are 65 or older, blind, or disabled will be referred to the Social Security Administration to apply for Social Security Income (SSI). If eligible, financial assistance under FEP, FEP-TP, or RCA will continue until eligibility for SSI program is determined, provided all conditions of eligibility, including time limits, or RCA continue to be met. Repayment of interim assistance for FEP, FEP-TP, or RCA is NOT required upon approval of SSI. If the interim assistance is GA, it must be repaid. See policy 323-2 for more information on GA and SSI application.

Medical Assistance - RCA recipients may receive Medicaid. Refugees should be evaluated for eligibility for other Medicaid programs including CHIP before the Refugee Medical Assistance (RMA) program.

See the Medicaid Eligibility Manual .

205-5A - Refugee Transitional Cash Assistance (RTCA)

215-2C - Eligible Non-Citizen Status - RCA

225 - Household Composition - RCA

322 - RCA Participation

See Most Recent Obsolete Policy

A Refugee Cash Assistance (RCA) household whose RCA case closes due to income, and whose countable earned income exceeds their countable unearned income limit may receive up to three months of RTCA to provide support and stability in the transition to employment if the parent(s) in the household work an average of 30 hours per week.

Transitional services are available to RCA families to support their transition to employment. Services help families stabilize after the loss of RCA assistance, sustain employment and reduce recidivism.

Customers included in the RCA household who verify the earned income of the parent(s) in the home exceeds unearned income in the month following RCA closure may be considered for RTCA.

RCA customers whose RCA cases close because of income and who have earned income greater than their unearned income and the hours of employment for each able-bodied parent averages 30 hours per week. Self-employed customers: The income must be based on profits (gross income minus business expenses).

Customers' cases must be closed for earned income and income verified. Customers must sign a TCA Agreement by the 15th of the month following RCA closure to be eligible for RTCA.

Only one month of RCA prior to RCA closure is required to receive RTCA.

Customers who have a pending non-participation or pending non-compliance occurrence entered into Utah's Workforce System (UWORKS).

Customers who are not earning a wage greater than their unearned income.

Customers who are not working an average of 30 hours per week.

Customers who did not receive an RCA benefit in the previous month.

Customers who report employment income without providing verification.

Customers who have received the maximum allowable months of RCA.

During the 3-month RTCA period, the grant will be adjusted based on the following circumstances:

If a baby is born or a child moves into the household, the grant will be supplemented to meet the current household size. If a child moves out of the household, the grant will be reduced to meet the current household size.

If a parent moves into the household when the case is already open for RTCA, the grant will be supplemented to meet the current household size. If a parent moves out of the household when the case is already open for RTCA, the grant will be reduced to meet the current household size.

If a parent with income moves into the household while the case is open for RCA and the RCA case is closed based on this income, the household is not eligible for RTCA if the parent was not included in the RCA grant the month it was closed for income.

Months one and two are full grants based on household size.

Month three is one half the grant based on household size.

All income is disregarded from the grant for the 3 RTCA months.

Customers are eligible for up to 3 months of RTCA at any time during their RCA eligibility time period. . The three months of RTCA do not have to be consecutive.

If the hours of employment fall below the required average of 30 hours per week, the RTCA will be closed.

RTCA months are countable towards the RTCA time limit.

Customers arriving prior to May 5, 2025 are eligible for a maximum of 12 months of RCA.

If RCA closes due to income in month 9 or earlier, the customer is eligible for up to 3 months of RTCA.

If RCA closes due to income in month 10, the customer is eligible for up to 2 months of RTCA.

If RCA closes due to income in month 11, the customer is eligible for up to one month of RTCA.

If RCA closes due to income in month 12, the customer is not eligible for RTCA.

Customers arriving on or after May 5, 2025 are eligible for a maximum of 4 months of RCA:

i. If RCA closes due to income in month 1, the customer is eligible for up to 3 months of RTCA

ii. If RCA closes due to income in month 2, the customer is eligible for up to 2 months RTCA.

iii. If RCA closes due to income in month 3, the customer is eligible for 1 month of RTCA

iv. If RCA closes at the end of month 4, the customer is not eligible for RTCA.

See Most Recent Obsolete Policy

The Department provides General Assistance (GA) financial assistance as funding permits. Applications will only be considered if received when the GA program is currently open for enrollment.

The GA Financial assistance start date is the first day of the month following the month of application. The assistance start date is not the date of application.

GA helps single adults and married couples that have no dependent children residing with them 50% or more of the time achieve economic independence through either employment or qualifying for Supplemental Security Income (SSI), or Social Security Disability Insurance (SSDI).

The rules and standards of the Family Employment Program (FEP) apply to GA unless otherwise stated.

Applicants must be:

At least 18 years old or emancipated, and

Be able to verify a physical or mental health impairment that prevents the customer from basic work activities in any occupation which will last 60 days or longer from the date of application. An impairment that prevents basic work activities means that the customer cannot work any hours at all in any occupation.

Drug addiction and/or alcoholism alone do not meet the conditions of disability. Proof of another disabling impairment must be substantiated with medical evidence.

GA customers who have an impairment that is expected to last 12 months or longer are required to work with an Employment Counselor to develop an employment plan and to determine what services can be offered to best assist the customer in achieving economic independence. The Employment Counselor will contact the customer after the GA is approved.

GA customers who have an impairment that is expected to last 12 months or longer must sign and date the General Assistance Agreement Form 942 within 30 days from the date the initial program benefits are issued.

An individual receiving SSI/SSDI is not eligible for GA.

A person eligible for cash assistance under the Bureau of Indian Affairs (BIA) is not eligible for GA.

All customers MUST apply for other benefits or assistance they may be eligible for, or any increase in such benefits if there is any possibility of entitlement. If the customer does not follow through with these requirements, the GA case will be closed.

For applicants, such steps MUST begin before the application is approved.

For recipients, such steps must be taken before any more assistance is issued

A GA customer who has qualified for SSI/SSDI and is waiting for the first SSI/SSDI payment can be eligible without additional medical verification. Social Security approval must be verified.

If there is an expectation that the impairment will last 12 months or longer, the customer must apply for SSI/SSDI benefits. See policy 323-2 for more information or requirements for applying for SSI.

Any customer who has received an “Unfavorable Decision” by the Administrative Law Judge (ALJ) from Social Security or if SSI/SSDI benefits are terminated based on medical evidence, is not eligible for GA unless the customer verifies that an unrelated physical/mental health condition has developed

Married couples meet the impairment criteria and time limits on an individual basis. If the household includes an ineligible spouse, the income and assets of the ineligible spouse must be counted when determining the eligibility of the household. The household can consist of any combination of impaired, non-impaired, short-term disabled, or long term disabled as long as at least one spouse meets the eligibility requirements. The spouse that does not meet eligibility requirements is not included in the Financial payment. See policy 323-1 for information on spouse participation requirements.

The customer must provide a current Form 1GA that he/she has an impairment that will last 60 days or more from the date of application. The customer’s statement that he/she has a medical problem does not constitute medical evidence. The impairment must be so severe that it prevents the customer from completing basic work activities in any occupation. For a customer who submits a new application during the revolving door period following closure of the GA program, see policy 745 for information on when a new Form 1GA must be obtained.

The Form 1GA will be used to verify how long the disabling condition is expected to last, and establish the number of calendar months in which the customer is eligible to receive benefits. The eligibility period will be determined from the first day of the month following the month of application for the period of calendar months the health care provider has indicated on the Form 1GA. The first month a customer receives a benefit is considered a benefit month. (A benefit month is a calendar month, not a 30 day period.) A customer is not eligible for more months of GA benefits than what is marked on the Form 1GA. The eligibility period will not extend beyond the last day of the month for the month the impairment is expected to last as stated on the form.

The Form 1 GA must be completed within the application period or 30 days prior to the application date. Exceptions to this requirement can be made but must be approved by the State Department of Workforce Services GA Program Specialist.

If the customer states he/she has a physical or mental health impairment, this must be verified by completion of the Form 1GA, General Assistance - Evidence of Impairment. The Form 1GA must be signed by one of the following:

Licensed Medical Doctor (MD)

Doctor of Osteopathy (DO)

Advanced Practice Registered Nurse (APRN)

Physician's Assistant (PA)

Licensed mental health therapist which includes licensed/certified psychologist, licensed clinical social worker, certified social worker, marriage and family therapist, or professional counselor.

An Administrative Billing Form (Form 22) must accompany this medical report to facilitate payment. (Exception: The Veterans Administration Medical Center (VAMC) does not require a Form 22.)

The Department may require a second opinion by a specific person or agency. Use Form 22 Administrative Medical Examinations - Practitioner Invoice to cover the cost of any physical examination. If the customer requests a second opinion, the agency cannot authorize payment for this service.

GA is time limited program. See policy 286 .

Customers enrolled in DWS sponsored intensive or training services are not eligible to receive GA long term track.

226 - Household Composition - General Assistance

See Most Recent Obsolete Policy

Emergency Assistance - Homeless Prevention Program (EA) provides immediate short term help for destitute families to remedy or prevent homelessness.

Services provided include:

Rent, deposits, mortgage, utility payments

Referral to legal services to avoid eviction

Counseling in basic planning and family budgeting

Advocacy referral needed to resolve problems with landlords and mortgage companies

Payments provided will not exceed:

$450 per family for one month’s rent

$700 per family for one month’s mortgage payment

$300 per family for utility programs

The family must meet ALL eight of the following program eligibility requirements to be eligible:

The family must be homeless, facing eviction, foreclosure, utility shutoff, or in need of utilities, because of past due payments that resulted from a crisis beyond the control of the family.

A written statement from the landlord that the household is in danger of eviction, or that eviction procedures are expected to begin, can be accepted as evidence the household is facing eviction. The statement must be signed and dated by the landlord and must contain enough information to determine if an issuance of emergency assistance will prevent eviction.

The family must be able to secure housing, utilities, or be able to prevent the eviction, foreclosure, or utility shutoff, with a one time rent, deposit, mortgage, or utility payment.

The family must demonstrate how it will resolve past due payments and pay future months' rent, mortgage, or utility payments after resolution of the crisis.

The family must have exhausted all other resources first.

The family is not required to provide written verification that other resources have been exhausted unless there is reason to question the customer statement or there is a question regarding a specific resource.

The value of the household's assets cannot exceed $2000.00. Countable assets are those immediately available to the family members.

The gross income available to the household cannot exceed 185% of the Standard Needs Budget (SNB), based on the household's size. See Table 1 for income amounts that are 185% of the SNB.

This is a time limited program. See policy 285 .

The household must have an eligible dependent child. See policy 228 for information on household composition for EA.

Note: EA customers are not subject to the Substance Abuse Determination Process.

See Most Recent Obsolete Policy

Transient funds are a DWS discretionary fund for emergency needs of a non-resident who is transient, temporarily stranded in Utah, and who does not intend to stay in Utah. All issuances must be staffed with a manager, supervisor or program specialist.

Transient funds should be used as a last resort supportive service to assist a non-resident of the State of Utah and temporarily stranded in Utah. Customers must have exhausted all other resources.

Customers may request transient funds without submitting an application and are not subject to an income/asset test.

Transient Funds may not be issued to the following:

Fleeing felons

Customers who are not legally present and/or not authorized to work in the United States.

Intentionally came to the State of Utah.

Are currently receiving assistance from the State of Utah.

DWS employees and their dependent family members.

Transient funds are not allowed when an individual:

Intentionally came to the State of Utah.

Has applied for or is currently receiving assistance in the State of Utah.

Does not have a residence in another state.

Is a fleeing felon.

Is not legally present and/or not authorized to work in the United States.

Allowable expenses include:

To pay for transportation that may include:

Bus pass

Airplane

Train

Gasoline

Basic vehicle repairs

Other payments necessary to support the individual as approved by manager, supervisor or program specialist

Non-Allowable expenses include:

To pay for lodging or living expenses such as hotel or motel

To pay for food

An over-the-counter EBT card may be issued when issuing Transient Funds.

A manager, supervisor, or program specialist must approve all Transient Fund issuances, as funding allows.

Any issuances of $100 or more must be approved by a supervisor or manager in eREP. The approval must be narrated.

Transient funds are limited to $600. A manager can grant an exception to this limit. The approval must be narrated.

All vehicle repairs require a minimum of two estimates, imaged to the case, when the total is over $300.

A supervisor or manager must narrate to justify an exception when only one estimate is needed or available.

See Most Recent Obsolete Policy

Customers who are receiving Supplemental Security Income (SSI) or who meet SSI criteria other than income are eligible to receive a state supplement. This will be paid to the customer on a quarterly basis following the end of the quarter.

As of January 1, 2026 the amount of the state supplemental payment is:

$3.91/month for a single person.

$12.19/month for couples who live in the household of another.

$5.75/month for couples who live alone or with others in their own household.

Who is not eligible:

Single individuals who live alone.

Individuals who live in a public or private institution where Medicaid pays more than 50 percent of their cost of care.

Individuals who are incarcerated.

Individuals who are denied or closed SSI for reasons other than exceeding the income.

If the number of SSI recipients increases, theses amount may be reduced to stay within budget.

NOTE: Refer to policy 425-11 to determine how this income counts for different programs.

See Most Recent Obsolete Policy

All Department of Workforce Services (DWS) Financial assistance programs’ goals and objectives are guided by the Department’s Mission Statement:

We provide employment and support services for our customer to improve their economic opportunities.

One of Utah’s major ideals has been that all Department staff work toward the common goal of economic independence for customers receiving Financial assistance. This means every aspect of the operation from information and referral, intervention in planning and goal development, diversion, the provision of supportive services, eligibility determination, assistance issuance, and finally goal attainment and transition toward independence has the employment focus.

Financial assistance offers a temporary support system, not a long-term solution, to problems. The long-term solution is self support, and for most families and customers employment is how they will become self supporting. Successful efforts to assist persons toward independence are based on an understanding of the social, emotional and economic factors which influence families.

The goal of all DWS Financial assistance programs is to increase family and individual income by focusing on employment, and where appropriate child support and/or disability payments.

A Family Employment Program (FEP) orientation will provide customer education about FEP eligibility requirements, program resources and participation requirements. This will enable an applicant to make an informed choice about completing the application process and meeting the program participation requirements for Financial assistance.

Supportive services are employment focused and provided to support customer participation in negotiated and agreed upon activities. Eligibility for employment related supportive services is based on participation in employment plan activities, residency, income and assets of the customer’s filing unit.

All applicants and recipients of any Financial assistance program must apply for other Financial benefits or other Financial assistance they may be eligible for (or increases in such benefits) if there is any possibility of entitlement.

For applicants, such steps must begin before the application is approved. For ongoing cases, such steps must be taken before any more assistance is issued, provided advance notice can be given. If such steps are not taken or if the customer does not follow through with the process, close or deny the case.

Recipients of cash benefits from FEP programs cannot:

Access their benefits through an Electronic Benefit Transfer (EBT) transaction at a Point of Sale or ATM in an establishment that primarily sells liquor, allows gambling or gaming, or provides adult-oriented entertainment where performers disrobe or perform unclothed and/or;

Use their benefits to purchase beer, intoxicating beverages, cigarettes or tobacco products.

205-1 - Family Employment Program (FEP) - General Information

205-2 - Family Employment Program - Two Parent (FEP-TP) - General Information

205-3 - Specified Relative - General Information

205-4 - Adoption Assistance - General Information

205-5 - Refugee Cash Assistance (RCA) - General Information

205-6 - General Assistance - General Information

205-8 - Emergency Assistance - Homeless Prevention Program (EA) - General Information

205-9 - Special Emergency Assistance Program for Transient Persons - General Information

205-10 - State Supplemental Payments to SSI Recipients - General Information

See Most Recent Obsolete Policy

Supplemental Nutrition Assistance Program (SNAP) is the cornerstone of the federal food assistance programs. It provides crucial support to needy households and to those making the transition from welfare to work. The focus of SNAP is nutrition. It provides low-income households with assistance in the form of electronic benefits, which can be used like cash at most grocery stores to ensure they have access to a healthy diet. For more information on electronic benefits, see policy 641 , Utah Horizon - Electronic Benefit Transfer (EBT) system.

SNAP cannot be used to pay an unpaid grocery bill. SNAP cannot be used to pay for food to be received in the future.

Households with an immediate and urgent need for food may be eligible to receive SNAP in an expedited manner. See policy 775 for expedited SNAP rules.

SNAP households can use their SNAP assistance as follows:

At stores that are authorized to accept the Utah Horizon SNAP assistance card

For the Meals-on-Wheels program

At communal dining facilities

In authorized drug and alcohol treatment centers

In authorized group living places

For meals at authorized battered person's shelters

In nonprofit Homeless Shelters

Homeless, elderly, and disabled households can use their SNAP assistance at certified restaurants. See policy 256 .

Edible foods, plus seeds, plants for a home garden, and fruit trees, may be bought with SNAP assistance. Residents of authorized institutions may purchase meals with SNAP assistance.

SNAP cannot be used to buy:

Alcoholic beverages

Household products

Cigarettes

Pet foods

Ready to eat hot foods in other than authorized facilities

Paper products

Soft drinks (carbonated drinks that are both flavored and sweetened)

230 - Household Composition - SNAP

See Most Recent Obsolete Policy

Family Employment Program (FEP) participants can receive Child Care services. Participants:

Must meet all FEP eligibility requirements

Must be participating in an approved employment plan

Are not subject to the co-payment requirement

Eligibility for FEP Child Care is based on FEP eligibility.

The Child Care need for FEP customers will be determined by the employment counselor according to participation in approved activities. FEP Child Care cannot be used to support bed rest, hospital stays, or recovery time. This includes households where one parent is incapacitated.

Child Care will not be provided to FEP parents who are undocumented non-citizens. This includes FEP households where one or both parents are undocumented non-citizens.

Child Care will not be provided for FEP parents that are Employment Authorized only but do not meet the Qualified Non-Citizen criteria.

Presumptive Child Care may be authorized for FEP applicants to support negotiated employment plan activities prior to FEP eligibility being approved or denied and only during the initial 30-day application period. FEP - Two Parent (FEP-TP) customers are not eligible for presumptive Child Care.

If Upfront Child Care was issued for an employed customer on a pending FEP application, the employment counselor may request supplemental Child Care for additional participation requirements. If the application is pending, presumptive policy applies. If the application is approved, FEP Child Care policy applies.

If the FEP Child Care has been authorized and the FEP application is denied, the FEP Child Care program will be closed. There is no overpayment. Eligibility for Employment Support Child Care (ESCC) will be considered. See section 210-3 for information on ESCC.

If the FEP or FEP-TP application is denied prior to the employment counselor negotiating an employment plan establishing a need for Child Care, ESCC will be considered.

If a Diversion is authorized and ESCC was received in the month of the financial application or in the month prior to and FEP Child Care was not issued, the customer will remain eligible for ESCC throughout the 12 month certification period.

210-2 - Child Care for FEP Diversion Customers - General Information

210-4 - FEP Cases Closed for Increased Income - Transitional Child Care - General Information

620-4 - Issuance Determination - ESCC

210-11 - Upfront Child Care

210 - Child Care - General Information

See Most Recent Obsolete Policy

The Family Employment Program (FEP) provides families an option of Diversion assistance to resolve a temporary crisis situation instead of receiving ongoing Financial assistance. The household is not eligible for FEP Child Care during the three-month diversion period or for six-months of Transitional Child Care. Diversion customers may be eligible for Employment Support Child Care (ESCC).

See policy 210-3 for ESCC general information and 330-2 for participation requirements.

The household may request ESCC during the FEP assessment with the Employment Counselor or when determined eligible for Diversion. If ESCC is requested, the start date will be the date of request. ESCC may not start any earlier than the date of request, unless applied for at the same time as the Financial application.

Note : If a Diversion is authorized and ESCC was received in the month of the financial application or in the month prior to and FEP Child Care was not issued, the customer will remain eligible for ESCC throughout the 12 month certification period.

A customer must apply for Child Care assistance if all programs requested on the application have been approved or denied. If there is a program in received status after the Diversion has been issued, the customer may request to add child care without completing a new application. See policy 705 .

210-1 - Child Care for FEP Customers - General Information

210-3 - Employment Support Child Care (ESCC) - General Information

210-4 - FEP Cases Closed for Increased Income - Transitional Child Care - General Information

210 - Child Care - General Information

See Most Recent Obsolete Policy

Employment Support Child Care (ESCC) provides Child Care subsidy payments for families who need child care for employment and/or approved education/training. See policy 330-2 for participation requirements.

Families earning more than 100% of the poverty level are subject to a sliding co-payment amount based on their income. See policy 620-3 for more information on the co-payment.

ESCC may be continued through the end of the 365-day certification period at the same level or higher for parents experiencing allowable temporary changes in their employment or education activities. See policy 210-10 Changes During 365-Day Certification Period .

The first month of the eligibility lock-in period, is the first full month of income and/or benefits.

210-1 - Child Care for Family Employment Program (FEP) Customers - General Information

210-10 - Changes During the 365-Day Certification Period

210 - Child Care - General Information

See Most Recent Obsolete Policy

Customers participating in the Family Employment Program (FEP) or Refugee Cash Assistance (RCA) program, whose case closes due to earned income AND who also meet all Employment Support Child Care (ESCC) eligibility requirements, are eligible for up to six months of Transitional Child Care (TRCC) immediately following case closure. The following applies to all Transitional Child Care cases:

Customers participating in FEP, FEP-Two Parent (FEP-TP) or RCA, whose case closed for increased earned income are eligible for TRCC assistance following the case closure if they meet ESCC eligibility criteria including the minimum work requirements. The first month of Transitional Cash Assistance eligibility is also the first month of TRCC eligibility. See policy 330-2 for ESCC participation requirements.

Note: Customers who are ineligible for Transitional Cash Assistance, may still qualify for TRCC.

Transitional child care families are not subject to the co-payment requirement for six consecutive months.

An application is not required during the six month transitional period even if there is a gap in services during those six months.

A Child Care review is required at the end of the six month transitional period in order to be eligible for ongoing ESCC.

Benefits are prorated when Child Care is requested after the first day of the first month of TRCC.

Customers receiving TRCC are subject to co-payment requirements at the end of the six month eligibility period.

Customers receiving a diversion payment during the six month transitional period are no longer eligible for the remaining months of TRCC.

TRCC customers whose case closed and child care is requested again within the 6-month transitional time-limit may be eligible for continued TRCC up to the maximum time-limit.

The six month transitional time-limit starts over when a customer receives a FEP, FEP-TP, or RCA payment and the program closes for increased earned income.

TRCC will be determined by the employment counselor according to participation in approved activities and will not be locked-in for the six-month certification period.

210-1 - Child Care for FEP Customers - General Information

210-2 - Child Care for FEP Diversion Customers - General Information

210-3 - Employment Support Child Care - General Information

210-8 - Child Care for RCA Customers - General Information

210 - Child Care - General Information

See Most Recent Obsolete Policy

Homeless Families may be single or two parent families. Often they require child care for a short period, once they become homeless, which does not meet the definition of need for child care listed in policy 330-2 . We may provide Child Care assistance to help these families when the family meets the following criteria:

Referral by a recognized homeless agency. The family must present a referral for Child Care assistance from an agency known by the local office to be an agency that works with homeless families, including shelters for abused women and children verifying that the family needs child care to resolve an emergency crisis. This referral will serve as proof of their homeless state. Local offices will define recognized homeless agencies in their area.

A family does not need to be residing in a homeless shelter to qualify for homeless services.

The family must meet all other relationship, and income criteria for Employment Support Child Care (ESCC).

Homeless families at determination with income at or less than 100% of the poverty level are not subject to the co-payment requirement. See policy 620-3 for more information on the co-payment.

Qualifying families may use Child Care assistance for activities including, but not limited to, employment, job search, training, shelter search or working through a crisis.

If the homeless family is eligible to receive another type of Child Care assistance, they will be approved for that type of Child Care assistance rather than Child Care for Homeless Customers.

Child Care for homeless households may be continued through the end of the 12-month certification period at the same level or higher for parents experiencing allowable temporary changes in their employment or education activities. Policy 210-10 .

Homeless families are exempt from the minimum work requirement 330-2.

If "homelessness" is indicated on the application, program requirements must be considered before denial can be processed. See procedure Homeless Child Care

210 - Child Care - General Information

Sometimes there are unusual circumstances that occur for families in need of child care. This section addresses policy for unusual situations that have been identified.

210-7A - Child Care for Disabled Children with Special Needs

210-7B - Child Care During Study Time

210-7C - Child Care While Attending Kindergarten

210-7D - Child Care for Evening Shift or Sleep Time

210-7E - Child Care for Employment at Home

210-7G - Child Care and Head Start

210-7H - Employer as a Designated Child Care Provider

See Most Recent Obsolete Policy

There are special provisions for children with disabilities who have special childcare needs. Increased payments are available if the child has a physical, social, or mental condition with special health care needs which require:

Assistance with basic movements, including but not limited to the following: standing, sitting, standing up, sitting down, moving up and/or down stairs, walking, etc.(outside of age-appropriate abilities)

Assistance with toileting (outside of age-appropriate abilities).

Use of a feeding tube.

Assistance with eating, and/or drinking (outside of age-appropriate abilities).

Administration of medications during child care hours, which requires the provider to have specialized procedures/training.

Use of special medical equipment while in child care.

Intensive supervision, which requires additional staff or specialized training.

Assistance due to limited vision and/or hard of hearing, including being blind, deaf or nonverbal (outside of age-appropriate abilities).

Any other condition that substantially limits one or more major life activities of the child.

Verification will need to be provided to establish that a child is disabled and has special needs while in a child care setting.

a. The Form 923 Request for Special Needs or written statement including the required information to demonstrate the child needs special provisions in a child care setting may by completed from one of the following sources:

Licensed Medical Physician

Advanced Practice Registered Nurse (APRN)

Division of Services for People with Disabilities (DSPD)

Local School representative (for students with an Individualized Education Program (IEP) plan

Licensed Psychologist (LP) or Certified Psychologist (CP)

Mental health professional

Baby Watch Early Intervention Program (BWEIP)

Physician’s Assistant (PA)

b. The verification to support a child is disabled with a special need must be dated, signed by the agency or health care professional, and include the following;

i. the child's name,

ii. a description of the child's disability, and

iii. the date the condition requiring special needs began, and

iv. the special provisions that justify a higher payment rate.

Verification that a child is a Supplemental Security Income (SSI) recipient is not sufficient without additional supporting documentation of the child’s special needs.

Example: A six-year-old child, Jackie, is receiving SSI. This income is based on her parent being disabled and not her. This would not qualify her for special needs child care. Her older brother, Max, is also receiving SSI and is disabled. His SSI is based on his parent’s disability and his own. In order for him to qualify for the special needs childcare, a completed Form 923 or a written statement including the required information to demonstrate the child has a disability and needs special provisions in a childcare setting will need to be submitted. The case worker will determine if the qualifying criteria is met.

The Department of Workforce Services may require additional information and reserves the right to deny requests if adequate or complete information or justification of the child’s disability and special need is not provided.

The disability and special need for child care will be reviewed an updated verification will be required every 12 months or at the next review whichever is later.

a. Exception:

i. If the child has a permanent disability requiring special child care accommodations, the special needs verifications will only be needed one time.

Child Care is available through the month the child with a disability and special need turns 18 years of age.

The child with a special need may qualify for an increased payment rate, as follows:

Infants in license exempt Family Friend Neighbor (FFN) Provider settings may receive up to the residential certificate/license exempt center settings infant rate.

Infants in residential certificate/license exempt center settings certified may receive up to the family home infant rate.

Infants in a family home settings may receive up to the licensed center infant rate.

For all other ages, allow payment at the infant rate in the provider category of care being used

210-7 - Child Care in Unusual Situations

For Employment Support Child Care, study time hours, cannot be approved except in the following 2 conditions:

The parent has classes scheduled in such a way that it does not make sense to pick up the child between classes.

An away-from-home study hall or lab may be required as part of the class course. A parent who takes courses with this requirement must verify study hall or lab class attendance. Do not approve more study hall hours or lab hours in this setting than hours for which the parent is enrolled.

210-7 - Child Care in Unusual Situations

See Most Recent Obsolete Policy

Child Care may be authorized to support employment for parents who work evening shifts and need child care services for either the evening shift or during the day for sleep time, but not for both. The Department of Health and Human Services, DHHS, DHHS, Office of Licensing (OL) determines the status of all Family Friend Neighbor (FFN) providers. As part of the Department of Workforce Services - FFN Child Care Provider approval process, OL will determine where the provider is caring for the children and if they are providing services during the time a parent is sleeping.

A provider may not care for the child in the child's home during the day for sleep time with the following exemption:

To accommodate a special needs child. The special needs must warrant care during the sleep time hours. See policy 210-7A .

Hours of need cannot exceed actual work hours.

If a two parent household, the other parent has to be participating in an approved activity during the morning hours that sleep time is requested.

Child Care has to be done outside of the home during sleep time.

Child Care cannot be approved for a child on those days that they are in school full-time.

When using an FFN approved provider, sleep time in the home of the child can only be approved for a special needs child.

210-7 - Child Care in Unusual Situations

See Most Recent Obsolete Policy

Child Care may be authorized to support employment for parents who work at home (unless the work is providing child care) and have a need for child care services. Wages or profit from self-employment must be equal to or greater than minimum wage for the number of hours they work. See policy 426-8 for more information on child care for self-employment.

The parent(s) must choose a provider setting outside the home.

An exception to this is if at least one child in the household is approved for Special needs child care determined by having an authorized party complete the form 923 and DHHS, Office of Licensing (OL) deems the need appropriate. The provider must complete all FFN provider requirements through DHHS, Office of Licensing (OL).

A person who is self-employed as a child care provider cannot receive Child Care assistance. It is reasonable that the customer can provide care for their own children, therefore need for Child Care cannot be established.

210-7 - Child Care in Unusual Situations

See Most Recent Obsolete Policy

The Department of Workforce Services encourages and supports Head Start and Child Care partnerships that enhance care and development for children. The Department of Workforce Services can provide parents with information on Head Start programs. The following is a guide on how state subsidized child care is paid when the child is enrolled in a Head Start program and a child care program. This applies to both Head Start and Early Head Start programs.

A child receives Head Start services at a child care center or a family child care home.

The Head Start services within a child care center or family child care home are offered as enhanced services in addition to the basic fundamental service of child care provided by the center or home.

The child care provider will bill the parent for child care services for the entire time the child is in the child care facility receiving basic fundamental services, including enhanced Head Start services. This applies to all children full or part-time.

The subsidy and co-payment will be based on the entire number of approved hours the child is in child care.

A child receives Head Start services at a Head Start program and child care services at a child care center or a family child care home.

Only the time the child spends with the child care provider determines the need for child care and the child care subsidy payment. The child care provider will bill the parent for child services for the time the child spends with the child care provider; including the time it takes to transport the child to and from the Head Start center. The 3 hours spent at the Head Start center will not be billed.

The subsidy and co-payment will be based on the number of approved hours above and beyond the 3 hours spent at the Head Start center.

A child receives Head Start services and child care services at a Head Start program.

Only the time the child spends in child care above and beyond the Head Start program is used to determine the need for child care and the child care subsidy payment. The Head Start program will bill the parent for child care services for the time the child is in its care above and beyond the 3 hours of Head Start services.

The subsidy and co-payment will be based on the number of approved hours above and beyond the 3 hours of Head Start services.

210-7 - Child Care in Unusual Situations

See Most Recent Obsolete Policy

Occasionally a parent may obtain employment at a child care facility where their child receives care. Child Care may be approved for single- parent households and in two-parent households when the parent works for an approved child care licensed center. Child Care will not be paid to a parent for the care of his or her own child(ren) when the parent works for a family home, residential certified, or Family Friend Neighbor (FFN) provider as a caregiver in that location.

In addition, to be eligible for Child Care assistance the following criteria must be met:

The parent is earning at least minimum wage.

The parent does not receive child care services in lieu of wages.

The employer does not offer child care for free.

The business is NOT set up in such a way that there exists a group of parents providing care for their children in order to receive government assistance. (Contact the Child Care program specialist for guidance.)

The provider charge is reflective of any discounts, if offered.

Child Care will not be paid to a parent for the care of their own child(ren) if the parent is the licensee, a stockholder, partner, or member of a corporation, partnership, limited liability partnership or company or similar legal entity providing the child care, or otherwise has an ownership or financial interest in the child care center.

210-7 - Child Care in Unusual Situations

See Most Recent Obsolete Policy

RCA participants can receive Child Care services. Participants:

Must meet all RCA eligibility requirements (including Eligible Non-Citizen status for RCA customers – see section 215-2C)

Must be participating in an approved employment plan

Are not subject to the co-payment amount

Refugee Cash Assistance Child Care is only available to two parent refugee families. For single parent refugee households consider either Family Employment Program - Child Care (FEP-CC) or Employment Support Child Care (ESCC). If one parent in a two-parent refugee household is incapacitated, consider either FEP-CC or ESCC.

Eligibility for RCA Child Care is based on RCA eligibility and has the same 12-month time limit as the RCA program. See section 205-5. RCA households may also transition directly from RCA to Transitional Child Care. See policy 210-4 .

The child care need for RCA customers will be determined by the employment counselor according to participation in approved activities.

Child Care may be authorized for RCA applicants to support negotiated employment plan activities during the initial 30-day application period while RCA eligibility is being determined.

If the RCA Child Care has been authorized and the RCA application is denied, the RCA Child Care case will be closed. There is no overpayment. Eligibility for ESCC will be considered. See policy 210-3 for information on ESCC.

If the RCA application is denied prior to the Employment Counselor negotiating an employment plan establishing a need for child care, Employment Support Child Care will be considered.

210 - Child Care - General Information

210-2 - Child Care for FEP Diversion Customers - General Information

210-4 - FEP Cases Closed for Increased Income - Transitional Child Care - General Information

See Most Recent Obsolete Policy

Customers receiving Employment Support Child Care (ESCC) who are experiencing allowable, temporary changes will remain eligible for continued Child Care assistance at the same benefit level for the remainder of the certification period if all the following are met:

The customer received an ongoing ESCC payment

The change meets one of the following allowable change definitions:

A time-limited (temporary) absence from work. This could include maternity leave, bed rest, or other medical issues of the customer or immediate family if the customer is responsible for their care. Immediate family is defined as spouse, child, or parent of the customer.

Native American families are exempt from the immediate family member definition as long as the adult or child is a member of a federally recognized tribe.

Refugee families are exempt from the immediate family member definition as long as the adult or child is of the same ethnicity, culture, country of origin, religion, language, and/or nationality.

Temporary fluctuations in earnings, such as not meeting minimum work requirements for all employment due to an employer based reduction in hours or seasonal changes (e.g., summer break for teachers, IRS, etc.).

Self-employed customers may be eligible if their earnings fall under the minimum work or wage requirement. Review these changes with the state program specialist.

A holiday or break in a customer’s educational or training schedule. While on a break from education or training activities, the customer may choose not to use their months against the 24-month training limit.

Any reduction in work, training, or education hours, as long as the parent is still working or attending a training or educational program.

Loss of employment or attendance at a training or educational program for one or both parents.

When a parent moves into or out of the home, which changes the single-parent/two-parent criteria, the household will remain eligible based on the locked in participation level for the remainder of the certification period.

When an additional child is added to the Child Care benefit within the 365-day certification See policy 735-4 Extending Child Care Reviews .

750-2 - Changes That Must be Reported

750-7 - Failure to report

See Most Recent Obsolete Policy

Upfront Child Care payments may be issued at the time a completed Child Care application is screened using customer statement.

Upfront Child Care will not be approved for any subsequent Child Care applications for 12 months from the month of issuance, if the verifications are not received within the 60-day application period.

Information obtained from the application must follow the Employment Support Child Care rules. See policy 210-3 .

The customer must be employed or have secured employment that is expected to start within two weeks of the application date.

If the customer reports joint custody of the child, take the customers statement of their child care need. Address custody for ongoing months of Child Care. Supplements can be issued once custody of the child is addressed.

Child care expenses reported by the customer, which are paid by a non-household member, can be used. Expenses can be excluded if it is not clarified or reported. Supplements can be issued once they are clarified with the customer.

For special needs children or two-parent households with a disabled parent, the customer will need to verify this information or have current verification on file from being previously approved.

If the special need has not been previously verified and the non-special need initial income limit is not exceeded, issue Upfront Child Care without the special needs indicators. Supplement the Child Care if verification is provided within 30 days of the application.

Upfront Child Care cannot be issued for Family Employment Program (FEP) Two-parent households, self-employed customers or training hours. If Upfront Child Care was issued for a customer who also applied for FEP assistance, the Child Care may be supplemented by the employment counselor (see policy 210-1 ).

Deductions for child support expenses cannot be deducted until it is verified by the customer.

All pending verifications must be received within 30 days of the application for ongoing benefits without proration. Failure to return the verification will result in the closure of the Child Care program.

An overpayment will not be submitted if the received verifications show the customer was ineligible for Child Care assistance.

A normal 365-day eligibility review period will be set when issuing Upfront Child Care. The first month of the eligibility lock-in period, is the first full month of income and/or benefits after ongoing approval.

If the given information on the application is verified based on electronic or imaged verifications on the case, determine eligibility for Employment Support Child Care.

When the household applies after the 15th of the month and is eligible for Upfront Child Care, benefits will be issued for both the application and following month.

If the verifications are not received by the last day of the issuance month, benefits will be prorated for the ongoing month from the date all verifications are received.

If the customer is ineligible in the month of application, but eligible in the second month, Upfront Child Care can be approved. The issuance will be available for the customer on the first day of the second month.

The first month of the eligibility lock-in period, is the first full month of income and/or benefits after ongoing approval.

See Most Recent Obsolete Policy

The purpose of the Child Care program is to give support to children when parents are working or participating in approved activities by providing a stable environment and continuity of care.

Eligible parents include parents participating in the Family Employment Program (FEP Child Care), Refugee Cash Assistance (RCA), and parents in the general public who qualify for Employment Support Child Care (ESCC).

Assistance for all Child Care programs may be provided to children through the end of the review period after their 13th birthday when:

The child is 12 years old at the time of certification

The parent continues to have a child care need for that child

The child continues to attend child care

And all other eligibility factors are met

Child Care may also be provided for children aged 13 to 18 when a child is under court supervision or has been determined by a physician or a licensed or certified psychologist to be physically or mentally incapable of caring for themselves, and all other conditions of eligibility are met. See policy 210-7A for information on Child Care for children with special needs.

Employment Support is available to families diverted from Financial assistance if otherwise eligible.

Requirements for Family Employment Program (FEP) and RCA applicants and recipients to receive Child Care supportive services follow Department of Workforce Services Financial Assistance policy. This type of Child Care is offered only to support approved activities in individual employment plans.

The Child Care program pays the child care provider directly for a parent's child care need. Payments are issued monthly for each child in care based on a parent's eligibility for services in that month. The subsidy is based on the lower of the monthly local market rate, the parent's participation cost and the provider charge. The subsidy may not cover the entire cost of care and cannot exceed the monthly local market rate for the age of the child and selected provider.

Child Care assistance is provided to support parents in approved employment and training activities that meet the eligibility requirements. Children cannot qualify individually.

Child care is provided only for children living in the home and only during hours when neither parent is available to provide care for the children. To be eligible for payment, the child must have a need for at least eight hours of child care per month as determined by the Department.

a. All children listed in the household at the time of application or review are considered part of the household filing unit at the time of approval for the 365-day certification period. The children may be included in the benefits or excluded if no need is reported.

b. All children in the initial decision can be added to benefits during the certification period when there is a need without a new application. See policy 735-4 when adding additional household members.

All child care options available to the parent must be explored before approving subsidized Child Care. If alternative options are available, the parent does not have a need for Child Care assistance. If a parent does not feel that an available setting is safe or that quality child care would be provided, Child Care assistance will be considered. Alternative options may include, but are not limited to:

A relative willing to provide care at no cost.

Care provided by a parent who resides in the household.

Care provided by a parent not residing in the household.

Care provided for in-kind services.

Care provided by an employer at no cost.

A disqualified provider cannot receive Child Care subsidy assistance as a recipient and a disqualified recipient cannot receive Child Care services as a provider.

Prior to denying a Child Care application, a review of eligibility for all Child Care programs (e.g., ESCC, WIOA / Non-FEP, FEP-CC, Homeless Child Care, etc.) must be completed.

210-1 - Child Care for FEP Customers - General Information

210-2 - Child Care for FEP Diversion Customers - General Information

210-3 - Employment Support Child Care (ESCC) - General Information

210-4 - FEP Cases Closed for Increased Income-Transitional Child Care - General Information

210-5 - Child Care for Homeless Customers - General Information

210-7 - Child Care in Unusual Situations

210-8 - Child Care for RCA Customers - General Information

210-10 - Changes During the 365-Day Certification Period

210-11 - Upfront Child Care

See Most Recent Obsolete Policy

U.S. Citizenship is defined as:

A U.S. citizen is a person born in any of the 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, American Samoa, and Swain's Island. It also includes individuals who are naturalized.

A child born outside the United States to a person that is a United States citizen is considered to be a U.S. citizen.

Child Citizenship Act – Automatic acquisition of U.S. citizenship for certain non-citizen children. A non-citizen child automatically acquires U.S. citizenship on the date, no earlier than February 27, 2001, that the following criteria is met simultaneously:

The parent of the non-citizen child is a U.S. citizen by birth or naturalization.; and

The non-citizen child is under 18 years of age and is a legal permanent resident non-citizen; and

The non-citizen child is in the custody of the U.S. citizen parent.

An adopted non-citizen child, in addition to the above conditions, must have also lived for at least two years under the legal custody of the U.S. citizen parent.

Certificates of Citizenship are not automatically issued by the U.S. Citizenship and Immigration Services (USCIS) for those born under the Child Citizenship Act. Proof of citizenship is determined by the documents that establish the parent’s U.S. citizenship, the age of the child, the child’s status as a legal permanent resident non-citizen, the child’s custody if the child’s parents are separated or divorced, and for an adopted non-citizen child, the FINAL adoption papers.

The following individuals may or may not be U.S. citizens. However, even if they are not U.S. citizens, they are exempt from meeting other non-citizen requirements.

Any individual who is lawfully residing in the U.S. and was a member of the Hmong or Highland Laotian during the Vietnam era (beginning August 5, 1964 and ending on May 7, 1975) meets citizenship requirements. This includes:

The spouse or an unmarried dependent child

The un-remarried surviving spouse

215-2 - Eligible Non-citizen Status

215-3 - Ineligible Non-citizen Status

See Most Recent Obsolete Policy

In order for non-citizens to be eligible for assistance, they must meet specific criteria for the various programs. To determine eligibility, non-citizens are required to provide proof of their immigration status in the form of documentation issued by USCIS (United States Immigration and Citizenship). If the non-citizen does not have documentation issued by the USCIS, see section 215-3 , Ineligible Non-Citizen Status.

Citizens of Freely Associated States (this includes Micronesia, Palau and the Marshall Islands) are allowed to freely enter the United States without immigration status, and will possess a foreign passport with a USCIS entry Stamp displaying CFA/FSM or a paper I-94 stamped CFA/FSM, or an electronic I-94 with an admission code of CFA/FSM. This group of non-citizens meet both the qualified and eligible status even if they are not LPRs.

For the Family Employment Programs (FEP and FEP-TP), Adoption Assistance (AA), and Emergency Assistance (EA), non-citizens must meet criteria to be "qualified". See policy 215-2A for information on “qualified” status.

Children that meet the “qualified” criteria may be eligible for Child Care. Proof of immigration status in the form of documentation issued by USCIS is only required for children.

For Supplemental Nutrition Assistance Program (SNAP) and General Assistance (GA), non-citizens must meet criteria to be both “qualified” and “eligible”. See policy 215-2B for information on “eligible” and “qualified” status.

For Refugee Cash Assistance (RCA) the customer must have an approved immigration status. See policy 215-2C for information on Eligible Non-Citizen status for RCA.

215-2A - Eligible Non-Citizen Status - FEP, FEP-TP, Adoption Assistance, Emergency Assistance, Child Care

215-2B - Eligible Non-Citizen Status - GA, TANF Non-FEP, and TANF Needy Family

215-2C - Eligible Non-Citizen Status - Refugee Cash Assistance

215-2D - Eligible Non-Citizen Status- SNAP

215-1 - U.S. Citizenship

215-3 - Ineligible Non-Citizen Status

See Most Recent Obsolete Policy

For the Family Employment Programs (FEP and FEP-TP), Adoption Assistance (AA), and Emergency Assistance (EA) non-citizens must meet criteria to be “Qualified”. For RCA Child Care, follow policy 215-2C . Customers are required to provide proof of immigration status, in the form of documentation issued by United States Citizenship and Immigration Services (USCIS).

***Note: Qualified Non-Citizen criteria only applies to children. Citizenship requirements do not apply to parents.

Qualified Non-Citizen Status is defined as:

A non-citizen lawfully admitted into the U.S. for permanent residence (LPR): Proof is a USCIS Form I-151, I-551, or I-94.

** Note : For Sponsored non-citizens see additional requirements in policy 260

Iraqi and Afghani non-citizens who enter as a Special Immigrants under PL 109-163 and PL 110-181 are admitted as lawful permanent residents. Proof is an Iraqi or Afghani passport with an immigrant visa stamp noting the individual has been admitted under IV (Immigrant Visa) Category and USCIS stamp or notation on passport, or I-94 showing date of entry.

A non-citizen who is an Iraqi or Afghani Special Immigrant Visa Holder, while not identified as a refugee, shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any Federal agency to the same extent as a non-citizen who is admitted to the United States as a refugee under Section 207 of the Immigration and Nationality Act (INA).

A citizen or national of Afghanistan who was admitted to the United States with SI/SQ Parole (per section 602(B)(1) AAPA and section 1059(a) NDAA 2006), Special Immigrant (SI) Conditional Permanent Residence (CPR), or Humanitarian Parole status (per the Afghanistan Supplemental Appropriations Act, 2022); and their spouses and children.

A non-citizen lawfully admitted into the U.S. as a refugee under section 207 of the INA): Proof is a USCIS Form I-94.

A non-citizen granted asylum under section 208 of the INA. Proof is a USCIS Form I-94, an Order of an Immigration Judge granting asylum, or an Asylum Approval Letter from an USCIS Asylum Office.

A non-citizen lawfully admitted into the U.S. as a conditional entrant under section 203(a)(7) of the INA as in effect prior to April 1, 1980: Proof is a USCIS Form I-94.

A non-citizen paroled into the United States under section 212(d)(5) of the INA for at least one year. Proof is USCIS Form I-94.

For Cuban/Haitian Parolees, see #7.

Certain Amerasians admitted into the United States: This includes Amerasian immigrants. Proof is a USCIS Form I-151, I-551, or I-94 with class codes AM1, AM2, or AM3.

A Cuban or Haitian entrant admitted under Section 501(e) of the Refugee Education Assistance Act of 1980 or a Cuban/Haitian entrant that is paroled under section 210(d)(5) of the INA.

A national of Afghanistan granted parolee status under 212(d)(5)(A), DHS stamp noting OAR or OAW, or an Employment Authorization card showing a C11 code with a date of entry between July 31, 2021 and September 30, 2023.

A National from Afghanistan admitted after September 30, 2023, who is the spouse or child of a parolee described above, or who is the legal parent or guardian of a child determined to be an unaccompanied child.

This status expires on September 30, 2023 or the expiration of the original parolee status whichever is later.

After the expiration of the status the immigrant will continue as a parolee under this rule as long as they have applied for or been granted asylum, re-parole or an extension to the parole status.

Children under age 14 as of September 26, 2023, who have not applied for asylum or an extension will be granted an additional 2-year extension even if other household members have expired statuses.

A national from Ukraine that is paroled under 212(d)(5) or 8 USC 1182 (d) (5) of the INA, has a DSH admission stamp of DT, passport with a stamp of United for Ukraine (U4U), or an Employment Authorization Code of C11 with a date of entry between Feb 24, 2022-Sep 30, 2023. Individuals qualify under this category until the expiration of their original status. Once their original status expires, they will be considered under their new status.

A National from the Ukraine admitted after September 30, 2023, who is the spouse or child of a parolee described above, or who is the legal parent or guardian of a child determined to be an unaccompanied child.

A non-citizen whose deportation is being withheld under section 243(h) or 241(b)(3) of the INA as amended by division C of PL 104-208

Certain battered non-citizens as defined in section 1641(c) of the U.S. Code. A Qualified Non-Citizen under the term Battered Non-Citizen is a non-citizen:

who has been battered or subjected to extreme cruelty by a spouse, parent of the non-citizen, or member of the spouse or parent’s family residing in the same household as the non-citizen and the spouse or parent consented to, or acquiesced in, such battery or cruelty, and the non-citizen did not actively participate in such battery or cruelty; or

whose child has been battered or subjected to extreme cruelty in the United States by a spouse or parent of the non-citizen (without active participation of the non-citizen in the battery or cruelty), or by a member of the spouse or parent’s family residing in the same household as the non-citizen and the spouse or parent consented to, or acquiesced in, such battery or cruelty, and the non-citizen did not actively participate in such battery or cruelty; or

child who resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty; and

only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for Financial assistance; and

has been approved or has a petition pending which sets forth a prima facie case for:

Immediate relative of a citizen of the United States after the date of the citizen's death but only if the spouse files a petition under 8 U.S.C. section 1154(a)(1)(A)(ii) within 2 years after such date and only until the date the spouse remarries.

The non-citizen who is a spouse or child of a United States citizen, who is eligible to be classified as an immediate relative under 8 U.S.C. 1151(b)(2)(A)(i), who during the marriage the non-citizen or a child of the non-citizen was or has been battered by or has been the subject of extreme cruelty perpetrated by the non-citizen’s citizen parent or spouse, and whose removal, in the opinion of the Attorney General, would result in extreme hardship to the non-citizen or a child of the non-citizen.

The non-citizen who is eligible to be classified as a spouse or unmarried child of a non-citizen lawfully admitted for permanent residence under 8 U.S.C. 1153(a)(2)(A), who during the period of residence with the permanent resident, the non-citizen or a child of the non-citizen has been battered by or has been the subject of extreme cruelty perpetrated by the non-citizen’s permanent resident parent or spouse, and whose removal, in the opinion of the Attorney General, would result in extreme hardship to the non-citizen or a child of the non-citizen.

Cancellation of removal and adjustment of status under 8 U.S.C. 1229b.

Battered non-citizen classification shall not apply to a non-citizen during any period in which the battered individual resides in the same household as the individual responsible for such battery or cruelty.

Non-Citizens certified as Victims of Severe Forms of Trafficking: A Qualified Non-Citizen under the term Victim of Severe Forms of Trafficking is a non-citizen: Who has been certified by the Federal Office of Refugee Resettlement (ORR) and has been issued a Certification Letter that identifies the certification date.

The Trafficking Victims Protection Act 2002 requires a non-citizen, who is a Victim of a Severe form of Trafficking while not identified as a refugee, shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any Federal agency to the same extent a non-citizen who is admitted to the United States as a refugee under Section 207 of the Immigration and Nationality Act.

Certification extends to the individual’s family members. In order for the family members to be included in the case, they must meet and the requirements of Derivative T Visas or U Visas issued based on trafficking.

Customers are required to provide proof of their immigration status, in the form of documentation issued by USCIS. For Child Care, the requirement only applies to the children. See section 720-7 for information on verifying non-citizen status.

215-2 - Eligible Non-Citizen Status

215-2B - Eligible Non-Citizen Status - SNAP, TANF Non-FEP, and TANF Needy Family

215-2C - Eligible Non-Citizen Status - RCA

See Most Recent Obsolete Policy

For non-citizens to be eligible for General Assistance (GA), they must meet criteria to be both "Qualified" and "Eligible" non-citizens. Non-citizens are required to provide proof of immigration status, in the form of documentation issued by the United States Citizenship and Immigration Services (USCIS).

The non-citizens listed below meet both criteria to be Qualified and eligible non-citizens.

A refugee admitted under Section 207 of the Immigration and Nationality Act (INA). A refugee is admitted with a USCIS Form I-94. When a refugee files for permanent residence, the refugee will get a USCIS Form I-551.

The Trafficking Victims Protection Act of 2002 requires victims of a severe form of trafficking to be treated as refuges for SNAP purposes. Victims of human trafficking are eligible to the same extent as an individual admitted as a refugee under Section 207 of the INA. Minor children, spouses and in some cases the parents and siblings of victims of severe trafficking are eligible to the same extent as a refugee. Non-Citizens with a designated COA of T2, T3, T4, or T5 as well as some U visa holders fit into this category. To be eligible, these non-citizens must have an ORR certification letter that identifies the certification date.

An immigrant approved for asylum under Section 208 of the INA. An asylee will have a USCIS Form I-94. An asylee may have a letter from USCIS explaining the status. When an asylee files for permanent residence, the asylee will get a USCIS Form I-551.

A Cuban or Haitian entrant admitted under Section 501(e) of the Refugee Education Assistance Act of 1980 or a Cuban/Haitian entrant that is paroled under section 212 (d) (5) of the INA.

An immigrant whose deportation has been withheld under Section 243(h) or Section 241(b)(3) of the INA. The non-citizen will have attended a deportation hearing and the Immigration Judge will have signed an order preventing the non-citizen from being deported. If deportation is being withheld under another section of the INA, the non-citizen is not a Qualified Non-Citizen.

An Iraqi or Afghai non-citizen granted special immigrant status under Section 101(a)(27) of the Immigration and Nationality Act (INA). These immigrants are admitted as lawful permanent residents. They must provide proof that they were admitted under section 101(a)(27) of the INA. Proof is an Iraqi or Afghan passport with an immigrant visa stamp noting the individual has been admitted under IV (Immigrant Visa) Category and USCIS stamp or notation on passport, or I-94 showing date of entry. A non-citizen, who is an Iraqi or Afghani Special Immigrant Visa Holder, while not identified as a refugee, shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any Federal agency to the same extent as a non-citizen who is admitted to the United States as a refugee under Section 207 of the INA.

A citizen or national of Afghanistan who was admitted to the United States with SI/SQ Parole (per section 602(B)(1) AAPA and section 1059(a) NDAA 2006), Special Immigrant (SI) Conditional Permanent Residence (CPR), or Humanitarian Parole status (per the Afghanistan Supplemental Appropriations Act, 2022); and their spouses and children.

A citizen or national of Afghanistan granted parolee status under 212(d)(5)(A), DHS stamp noting OAR or OAW, or an Employment Authorization card showing a C11 code with a date of entry between July 31, 2021 and Sep 30, 2023.

A national from Afghanistan admitted after September 30, 2023, who is the spouse or child of a parolee described above, or who is the legal parent or guardian of a child determined to be an unaccompanied child.

This status expires on September 30, 2023 or the expiration of the original parolee status, whichever is later.

After the expiration of the status, the immigrant will continue as a parolee under this rule as long as they have applied for or been granted asylum, re-parole or an extension to the parole status.

Children under age 14 as of September 26, 2023, who have not applied for asylum or an extension, will be granted an additional 2-year extension even if other household members have expired statuses.

A national from Ukraine that is paroled under 212(d)(5) or 8 USC 1182 (d) (5) of the INA, has a DHS admission stamp of DT, passport with a stamp of United for Ukraine (U4U), or an Employment Authorization Code of C11 with a date of entry between February 24, 2022 - September 30, 2024. Individuals qualify under this category until the expiration of their original status. Once their original status expires, they will be considered under their new status.

A National from the Ukraine admitted after September 30, 2023 who is the spouse or child of a parolee described above, or who is the legal parent or guardian of a child determined to be an unaccompanied child. These non-citizens will be eligible to the same extent with an eligibility start date of April 24, 2024 or the date of their parole whichever is later.

Citizens of Freely Associated States (COFAs) are eligible for TANF benefits as of March 9, 2024, even if they are not Lawful Permanent Residents (LPRs).

Amerasians. Amerasian’s will have a USCIS form I-551 or form I-94 with codes AM1, AM2, or AM3.

Non-citizens must meet one of the criteria below to be "Qualified":

A non-citizen who is admitted as a lawful permanent resident (LPR). Non-citizens may have entered the country under another status (e.g. but not limited to Battered non-citizens, Conditional Entrants, Special Immigrants) but have applied to be LPRs or have updated SAVE system responses showing LPR. A lawful permanent resident will have a USCIS Form I-551.

A non-citizen granted conditional entry under Section 203(a)(7) of the INA as in effect prior to April 1, 1980. A conditional entrant will have a USCIS Form I-94 stamped "Refugee-Conditional Entry".

A non-citizen paroled under Section 212(d)(5) of the INA for at least one year. A parolee will have a USCIS Form I-94 stating that he has been paroled under Section 212(d)(5) of the INA or stamped "Cuban/Haitian Entrant (Status Pending) Reviewable January 15, 1981."

For Cuban/Haitian Parolees, see #4 in Qualified and Eligible section above..

Certain Battered Non-citizens as defined in section 1641(c) of the U.S. Code: A non-citizen identified as a Battered Non-Citizen as defined in policy 215-2A qualifies as long as they do NOT have a dependent child.

Note: Battered non-citizen classification shall not apply to a non-citizen during any period in which the battered individual resides in the same household as the individual responsible for such battery or cruelty.

Note: Once qualified non-citizen status is met, the immigrant must meet one of the eligible criteria below.

In addition to meeting one of the "Qualified" criteria listed above, non-citizens must meet one of the following "Eligible" criteria:

A qualified non-citizen who has lived in the United States for 5 years or longer. The five years does not have to be consecutive.

The 5-year waiting period begins on the date the immigrant obtains status as a qualified non-citizen through the USCIS.

Certain American Indians born abroad and Hmong or Highland Laotian tribal members.

U.S. veteran or U.S. active military duty. There is no time limit.

Spouse or dependent children of a U.S. veteran or U.S. active military personnel. There is no time limit except for a dependent child. When a dependent child is no longer dependent, the child loses "eligible" non-citizen status obtained from a veteran or active military duty parent.

Lawful permanent resident who meets one of the following criteria:

A lawful permanent resident that has lived in the United States for at least 5 years.

An individual who has 40 qualifying quarters.

A child under the age of 18 regardless of entry date into the United States.

An individual receiving disability payments or assistance (including disability related Medicaid) as described in policy 254 , regardless of when they entered the United States.

Note: For sponsored non-citizens, see additional requirements in policy 260

215-2 - Eligible Non-cCitizen Status

215-2B - Eligible Non-citizen Status - GA, TANF Non-FEP, and TANF Needy Family

215-2C - Eligible Non-citizen Status - RCA

215-2D - Eligible Non-citizen Status - SNAP

See Most Recent Obsolete Policy

To be eligible for the Refugee Cash Assistance (RCA) Program and RCA Child Care, a customer must have an immigration status listed in this section.

Customers are required to provide proof of immigration status, in the form of documentation issued by the United States Citizenship and Immigration Services (USCIS), usually the USCIS Form I-94.

A person from any country who has been paroled as a refugee or asylee under Section 212(d)(5) of the Immigration and Naturalization Act (INA).

A person from any country who has been admitted as a refugee under Section 207 of the INA.

A person from any country who has been granted asylum under Section 208 of the INA.

A person from any country who has a USCIS Form I-151 or I-551 showing that the person is a permanent resident non-citizen. The person must also verify that the person previously held one of the statuses listed in 1-3 above.

Children of a refugee family who are born in the U.S. (or in a refugee camp). These children have the same USCIS/A registration number as their mother with a suffix of 01, 02, etc. The suffix shows the sequence of birth in the U.S.

Certain Amerasian Immigrants. These persons have either a USCIS Form I-94 (with class code AM1, AM2, or AM3) or USCIS Form I-551 with codes AM6, AM7, and AM8.

A Cuban or Haitian Entrant - defined as: Any individual 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 Any other national of Cuban or Haiti who: Was paroled into the United States and has not acquired any other status under the INA; and, Is the subject of exclusion or deportation proceedings under the INA, OR, has an application for asylum pending with the USCIS; and, With respect to whom a final, non-appealable, and legally enforceable order of deportation of exclusion has not been entered.

Non-Citizens certified as Victims of Severe Forms of Trafficking. A Qualified Non-Citizen under the term Victim of Severe Forms of Trafficking is a non-citizen: Who has been certified by the Federal Office of Refugee Resettlement (ORR) and has been issued a Certification Letter that identifies the certification date.

A non-citizen, who is a Victim of a Severe form of Trafficking while not identified as a refugee, shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any Federal agency to the same extent a non-citizen who is admitted to the United States as a refugee under Section 207 of the INA.

Iraqi and Afghan non-citizens who have been granted Special Immigrant status. These non-citizens are admitted as Legal Permanent Residents. A non-citizen, who is an Iraqi or Afghani Special Immigrant Visa Holder, while not identified as an refugee, shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any Federal agency to the same extent as a non-citizen who is admitted to the United States as a refugee under Section 207 of the INA.

A citizen or national of Afghanistan who was admitted to the United States with SI/SQ Parole (per section 602(B)(1) AAPA and section 1059(a) NDAA 2006), Special Immigrant (SI) Conditional Permanent Residence (CPR), or Humanitarian Parole status (per the Afghanistan Supplemental Appropriations Act, 2022); and their spouses and children.

A citizen or national of Ukraine, or a non-Ukrainian individual who was last habitually residing in Ukraine, who was paroled into the United States (per the Additional Ukraine Supplemental Appropriations Act, 2022); and their spouses and children.

The non-citizen’s entry date determines the time period the non-citizen is eligible for RCA. See policy 284 for more information on RCA time limits.

The entry date is identified on the refugee’s I-94, I-551, or other USCIS documentation provided.

The entry dates for refugee children who are born in the U.S. are the entry dates of their parents. If the parents have different entry dates, use the entry date of the mother.

The entry date for an asylee is the date that the refugee is granted asylum in the United States. The following documents will confirm both status and date of entry for asylees: I-94 noting the refugee has been admitted under Section 208 of the INA I-94 with admission codes AS-1, AS-2, or AS-3 I-94 with Visa 93 (or V-93) Order of an Immigration Judge granting asylum under section 208 of the INA Asylum approval letter from a USCIS Asylum Office.

The entry date for a Victim of a Severe Form of Trafficking is the certification date, which appears in the body of the ORR issued certification letter.

The entry date for Special Immigrants is the date listed on the I-94.

215-2 - Eligible Non-Citizen Status

215-2A - Eligible Non-Citizen Status - FEP, FEP-TP, AA, EA

215-2B - Eligible Non-Citizen Status - SNAP, TANF Non-FEP, and TANF Needy Family

See Most Recent Obsolete Policy

For non-citizens to be eligible for the Supplemental Nutrition Assistance Program (SNAP), they must meet criteria to be both "Qualified" and "Eligible" non-citizens. Customers are required to provide proof of immigration status in the form of documentation issued by the United States Citizenship and Immigration Services (USCIS).

The non-citizens listed below meet both criteria to be qualified and eligible non-citizens.

A Cuban or Haitian entrant admitted under Section 501(e) of the Refugee Education Assistance Act of 1980.

Amerasians who will have a USCIS form I-551 or form I-94 with codes AM1, AM2, or AM3.

Citizens of Freely Associated States (COFAs) are eligible for SNAP benefits as of March 9, 2024, even if they are not Lawful Permanent Residents (LPRs).

A qualified non-citizen has been admitted as a lawful permanent resident (LPR). Non-citizens may have entered the country under another status (e.g., but not limited to, battered non-citizens, conditional entrants, special immigrants), but have applied and are now approved as LPRs. The SAVE response will show LPR, or the customer will have a USCIS Form I-551.

Qualified LPRs must live in the U.S. under a qualified status for a total of 5 years. They do not need to be consecutive. The 5-year waiting period begins on the date the immigrant obtains status as a qualified non-citizen through the USCIS.

1. Individuals in the following groups who have been granted LPR status do not have to wait for 5 years and are eligible for SNAP as soon as they obtain LPR status.

Refugees

Hmong or Highland Laotian Tribal Members

American Indians Born Abroad (Mexico & Canada)

Asylees

Iraq and Afghan Special Immigrants (SIV)

Deportation withheld

Non-SI Afghan Parolees paroled between July 31, 2021, and September 30, 2023

If entered before or after the date above, the waiting period applies.

Parolees from Ukraine paroled between February 24, 2022, and September 30, 2024

i. If entered before or after the date above, the waiting period applies.

Refugees who have been paroled

Victims of severe forms of trafficking

Note: Their SAVE system response must state a non-citizen status code listed above and show LPR-employment authorized under the system response.

2. U.S. veteran or U.S. active military duty. There is no time limit.

3. Spouse or dependent children of a U.S. veteran or U.S. active military personnel. There is no time limit except for a dependent child. When a dependent child is no longer dependent, the child loses the eligible non-citizen status obtained from a veteran or active military duty parent.

4. An LPR who meets one of the following criteria:

a. An individual who has 40 qualifying quarters.

b. A child under the age of 18, regardless of entry date into the United States.

c. An individual receiving disability payments or assistance (including disability related Medicaid) as described in policy 254, regardless of when they entered the United States.

Note: For sponsored non-citizens, see additional requirements in policy 260

215-2 - Eligible Non-citizen Status 215-2B - Eligible Non-citizen Status - GA, TANF Non-FEP, and TANF Needy Family 215-2C - Eligible Non-citizen Status - RCA

See Most Recent Obsolete Policy

The following non-citizens are not eligible for any type of assistance. In addition, their presence in the home may affect the eligibility of other household members.

* *Note: For Child Care this only applies to children.

Any person whose United States Citizenship and Immigration Services (USCIS) I-94 shows entry for a temporary purpose (such as students, visitors, diplomats, etc.).

Individuals who are granted Temporary Protected Status (TPS)

Unless they meet another verified qualifying status.

Individuals whose status is Deferred Action for Childhood Arrivals (DACA)

Persons who have no registration card (undocumented non-citizens).

For SNAP ONLY : Non-citizens in the following groups are considered ineligible household members unless they have been granted LPR status. Their presence in the home may affect the eligibility of other household members. See policy 251 Ineligible Household Members to determine if you need to post a different best estimate for SNAP income and assets.

a. Refugees

Asylees

Parolees including Afghan and Ukrainian Parolees

Battered Non-citizens

Victims of Severe Trafficking

A determination that a person is an ineligible non-citizen is not equivalent to a determination that a person is an undocumented non-citizen. It must not be assumed that a non-citizen is undocumented just because they are not eligible to receive SNAP benefits.

Inquiries must not be made about a customer’s immigration status solely based on their appearance or proficiency with speaking or writing English.

A non-citizen will be reported to the United States Citizenship and Immigration Services (USCIS) ONLY when the household presents a formal order of deportation either during the application or review process.

When a household indicates inability or unwillingness to provide documentation of non-citizen status for any household member, that member must be classified as an Ineligible Non-Citizen. In such cases the local office must not continue efforts to obtain that documentation. It must not be assumed a non-citizen is undocumented because they cannot or do not provide proof of their status. The situation will be narrated in the case record.

The following non-citizens are not eligible for RCA:

Non-Citizens not having an immigration status in policy 215-2C .

Humanitarian parolees

This does not include a citizen or national of Afghanistan who was admitted to the United States with SI/SQ Parole (per section 602(B)(1) AAPA and section 1059(a) NDAA 2006), Special Immigrant (SI) Conditional Permanent Residence (CPR), or Humanitarian Parole status (per the Afghanistan Supplemental Appropriations Act, 2022); and their spouses and children.

This does not include a citizen or national of Ukraine, or a non-Ukrainian individual who was last habitually residing in Ukraine, who was paroled into the United States (per the Additional Ukraine Supplemental Appropriations Act, 2022); and their spouses and children.

Public Interest parolees

An applicant for asylum, unless provided by Federal law.

Conditional entrants admitted under Section 203(a)(7) of the Immigration and Naturalization Act.

215-1 - U.S. Citizenship

215-2 - Eligible Non-Citizen Status

215-2A - Eligible Non-Citizen Status - FEP, FEP-TP, AA, EA, CC

215-2B - Eligible Non-Citizen Status - SNAP, TANF Non-FEP, and TANF Needy Family

215-2C - Eligible Non-Citizen Status - RCA

See Most Recent Obsolete Policy

To be eligible for the financial assistance programs, Supplemental Nutrition Assistance Program (SNAP), and Child Care, a customer must either be a U.S. citizen or meet specific non-citizen status requirements of those programs. The specific non-citizen requirements may vary depending on the program.

One adult in the household must certify that all household members who receive assistance are citizens of the U.S. or have been granted legal immigration status by the U.S. This may be done by signing the appropriate page of the application form.

215-1 - U.S. Citizenship

215-2 - Eligible Non-Citizen Status

215-3 - Ineligible Non-Citizen Status

See Most Recent Obsolete Policy

A customer must be living in Utah voluntarily and not for a temporary purpose. There is no requirement for a fixed place of residence. The customer needs only to say they intend to become a Utah resident.

Note: For SNAP, a temporary purpose is defined as a brief visit for recreational reasons.

A customer may also be considered a Utah resident if living in Utah, not receiving assistance from another state, and entered Utah for purposes of employment. The customer may have had either a job commitment or state that he is seeking employment in Utah, whether or not currently employed. A child or children accompanying their parent takes the residence of the parents.

A customer must live in the state in which they apply. If a customer applies for benefits while living in another state, the application will be denied and the customer will need to reapply once living in Utah.

Vacationers are not eligible.

The customer does not have to declare that they will live in Utah for a certain period of time or that they plan to live here permanently to be considered a resident.

Individuals who spend a portion of the year in Utah may be considered residents for SNAP depending on their circumstances.

215 - U.S. Citizenship and Non-Citizen Status Requirements

See Most Recent Obsolete Policy

There are two parts to the requirement for Social Security Numbers (SSN):

All customers who receive assistance must submit their correct SSNs or apply for SSN cards. This is true when they first apply or request to add a person to their case.

For Expedited Supplemental Nutrition Assistance Program (SNAP) - Customers who qualify for expedited SNAP may receive the first allotment before they apply for or provide their correct SSN. They must submit their correct SSN or apply for the SSN card before the next allotment is issued. See policy 775 for complete Expedited SNAP policy.

After the customer provides a correct SSN, it must be verified. The policy regarding verification of SSNs is in policy 720-6 .

If the household is unable to provide proof of application for an SSN for a newborn, the household must provide the SSN or proof of application at its next review or within 6 months following the month the baby is born, whichever is later.

If the household is unable to provide an SSN or proof of application for an SSN at its next review or within 6 months following the baby's birth whichever is later, it should be determined if good cause exists. See policy 217-1C .

All customers in the case household, regardless of whether or not they are included in the Financial benefit must submit their correct SSN or provide verification that they have applied for an SSN card. Example (see below)

After the customer provides an SSN, it must be verified. Refer to policy 720-6 regarding the verification of SSNs.

For newborns, the SSN or proof of SSN application is required within 30 days of birth to add the newborn to Financial programs. The SSN for the baby must be provided within 6 months following the month the baby is born or provided at the next review, whichever is later.

If the number or proof SSN application is not provided within 30 days of birth, the entire household is not eligible.

If a member of the household is a non-citizen and does not have an SSN, refer to policy 215-2 and 215-3 .

217-1A - Submitting a Correct SSN

217-1B - Refusal to Provide a Correct SSN

217-1C - Good Cause for Not Applying For the SSN Card

Customers who know their Social Security Number (SSN) can tell the eligibility specialist their number.

If the SSN is questionable, or the customer does not know the number, one of the following will be required:

An official SSN card; or

Other official documents from the Social Security Administration (SSA) which identify the person’s correct SSN. These include, but are not limited to, award letters, Third Party Queries (TPQYs), and benefit checks; or

An SSA receipt (form 5028 or 2880) on which SSA lists our ID number for the person.

When a customer cannot submit a correct SSN as above, the customer can submit one of the following types of documents to show they have applied for an SSN:

A receipt from Social Security (5028, 2880, or computer letter verifying application for social security number).

A birth certificate or a Form SSA-2853 showing that the parent has requested a Social Security card.

If the customer cannot provide the correct SSN verbally, with an SSN card or other SSA document, they must apply for an SSN card.

See Most Recent Obsolete Policy

Individuals who refuse to apply for or provide their correct Social Security Numbers (SSN) are not eligible. The presence of these customers in the household may make the entire household ineligible.

For SNAP: If a household member refuses, or fails to provide a correct SSN, or provide proof of SSN after being informed of a Numident error, that individual is not eligible for SNAP. This does not make the entire household ineligible

For Financial: The household is not eligible if it refuses to provide proof after being informed of a Numident error, see policy 720-6 .

It is good cause if the customer reports that he cannot apply for the Social Security Number (SSN) card because he lacks information to give to SSA, but has made every effort to get that information.

Good cause does not include delays due to illness, lack of transportation, or temporary absences.

When good cause has been determined, the customer may receive SNAP benefits for the month of application and one additional month. After the second month the customer must submit proof each month that there is good cause for not applying for the SSN card.

Applicants may voluntarily supply Social Security Numbers (SSN’s) for all members of the household on the application form. If a customer chooses not to provide a SSN, benefits will not be denied or withheld so long as all factors of eligibility are met. SSN’s that are supplied will automatically be verified with the Social Security interface. See 720-6 for policy on verifying SSN's. If an SSN is not valid according to the Social Security interface, further verification will be requested to confirm the customer’s identity.

217-1 - Social Security Number Requirements for all Financial Programs and SNAP

217-2 - Social Security Number Requirements for Employment Support Child Care

See Most Recent Obsolete Policy

The determination of who lives together is based on the following criteria:

People will be considered living together if they share any of following:

Kitchen

Bathroom

Living Area: living room or bedroom

Entrance: sharing an entrance means the customer must walk through any living area of the home in order to access their own living area.

Same address: To be considered living in a separate residence the customer must have a separate residential/physical address recognized by the post office.

A separate Post Office Box address is not considered a separate residential address.

People who live on the same property, even if in separate structures, (such as an apartment over the garage or in a camper) will be considered living together if they share the kitchen, bathroom, or living area. To be considered living separately, the separate structure must have running water and electricity.

221 - Household Composition - Family Employment Program (FEP)

222 - Household Composition - FEP Two-Parent (FEP-TP)

223 - Household Composition - Specified Relative

224 - Household Composition - Adoption Assistance (AA)

225 - Household Composition - Refugee Cash Assistance (RCA)

226 - Household Composition - General Assistance (GA)

228 - Household Composition - Emergency Assistance (EA)

Supplemental Security Income (SSI) recipients in a FEP assistance household must be excluded from the household Financial assistance payment.

If the only dependent child is an SSI recipient, the parent or specified relative may receive a FEP assistance payment which does not include that child, provided the parent or specified relative is not on SSI and can meet all other requirements.

Duty of Support Requirements are different for SSI recipients. See policy 305-1 .

Adoptive parents whose adoptive child receives Federal, or State, or Local government Special Needs Adoption Assistance may be included or excluded from the family's FEP assistance based on what is most beneficial for the family.

The child is included in the assistance unit if the income and resources of the adoptee do not reduce the family's Financial assistance payment (this includes the Adoption Assistance).

The child is excluded from the family's assistance unit if the child's income and resources would cause the family's Financial assistance payment to be reduced.

If the adopted child receiving this type of assistance is the only dependent child, the parent or specified relative may still receive a FEP assistance payment which does not include the child providing all other eligibility requirements are met. Duty of Support requirements would not apply to that child.

See Most Recent Obsolete Policy

Children CANNOT be included in a FEP assistance filing unit for any month in which a foster care maintenance payment is being provided for that same month to meet their needs. This includes the child of a teen parent receiving a foster care payment when the child is living with the teen parent.

A dependent child who is placed with a relative under the provision of a “preliminary placement” will not receive a Foster Care maintenance payment. This is because the preliminary placement is with a relative who is not yet licensed as a Foster Care parent. These children are eligible to be included in a FEP assistance filing unit providing all other eligibility requirements are met.

If a dependent child is placed in the home of a specified relative, the relative may elect to receive FEP specified relative assistance or Foster Care maintenance payments for that child. If the relative elects to receive foster care payments for the child, that child is excluded from the family for purposes of determining the amount of the family's FEP Assistance.

If the only dependent child is receiving a Foster Care maintenance payment, the parent or specified relative may receive a FEP assistance payment which does not include that child, providing all other eligibility requirements are met.

Foster Care child in an independent living placement age 16 to 18 can receive an independent living foster care payment from Division of Child and Family Services (DCFS) or FEP assistance if the child meets all other FEP assistance requirements. The Foster Care child cannot receive both types of assistance in the same month.

If a stepparent is no longer married to the natural parent, and the natural parent does not reside in the household, the stepparent may decide if they want to include a stepchild who has no blood relationship to his or her dependent child residing in the household.

See Most Recent Obsolete Policy

For children to properly progress in school, school attendance, satisfactory school performance and appropriate behavior at school is essential. When a parent chooses not to enforce school attendance and/or work with appropriate officials to resolve a child’s school performance and/or school behavior problems, this can be an indication that there are underlying family problems that need to be addressed. These family problems should be resolved through a cooperative public and private partnership with the family.

Requirements

Children between the ages of 6 and not yet 16 are required to attend school or be excused by the school from attending.

Children 16 to 18, who are NOT parents and have been identified as not attending school or working full time, are required to develop an employment plan with a Department of Workforce Services (DWS) Employment Counselor.

Children 16-18/19 who are identified as attending school full time must have attendance verified.

Failure of a child 16 to 18 to attend school will not disqualify the child from the Financial assistance payment if the child is participating in the activities on their employment plan.

If a child 16 to 18 chooses not to participate in the development of an employment plan, the activity review process must be started. Based on the results of the activity review process, the Employment Counselor will make the decision whether to disqualify the child from the financial assistance payment.

Children who are 18 but not yet 19 and who attend school full time must expect to graduate by their 19th birthday to be considered an eligible dependent child.

Children 7-15, who are not in school full time, will be excluded from the Financial assistance payment.

Verification Of School Attendance – Age 6 through age 15

At application and review, customer statement is acceptable as verification of student attendance for children age 6 - 15.

If an application or review is received when school is not in session and the customer indicates the child will return when school resumes after the break, this is acceptable and there is no need to ask the question again when school resumes.

If an application or review is received when school is not in session and the customer does not know if the child will return to school after the break, then we must set a task to ask the question again when school resumes.

For children identified as being home schooled, or who are completing their school courses online, accept customer statement regarding school district approval.

For Refugee children, accept customer statement that the steps are being taken to enroll the child in school. At review, Refugee households will follow regular FEP requirements for school attendance verification.

Verification of School Attendance - Age 16 through 18/19

At Application and Review, verification of school attendance, or proof that the school has excused regular attendance, must be provided.

If an application or review for FEP is received when school is not in session, verification is not required until school resumes after the break.

For Refugee children not yet enrolled in school at initial application, verification of the efforts to complete the steps necessary for school enrollment must be provided for each child age 16-18/19 who is included in the FEP grant.

Children identified as being home schooled, or who are completing their school courses online, a statement or collateral contact with the school district is required to verify the curriculum has been approved and accepted by the school district as meeting school attendance requirements or that the child is excused from regular attendance.

Acceptable Verification for children age 16 – 18/19

A copy of the latest report card for the child verifying attendance if the report card is for the current school year; or

A form 126, or other similar type of document, completed by the school verifying attendance; or

In person or telephone contact by a DWS worker to the school or a knowledgeable source (e.g., FACT worker) verifying attendance; or

A certificate issued by the local board of education stating that the child has "good cause" to be excused from attendance. The time frame that the child has been excluded must be specified on the certificate. A certificate may be issued for a number of reasons, including such as the minor is taught at home in subjects prescribed by the State Board of Education, or the minor has a physical or mental condition which renders attendance inexpedient and impracticable.

For Refugee children not yet enrolled in school, verification of the appointment with the health care provider/health screening clinic to complete health screenings and/or immunization requirements. This may be a copy of the scheduled appointment schedule, a collateral contact with the health care provider, or contact with the Refugee Resettlement agency worker who is assisting the household with this process.

A statement or collateral contact with the school district.

If the child who is disqualified is the only eligible child, the parent may still receive financial assistance for him/herself as long as all other eligibility requirements are met.

If the child who is disqualified is the only person in the household who is included in the financial assistance payment, the case must be closed.

A child will be immediately restored to the financial assistance payment effective the first of the month when the school states regular attendance has resumed, or a certificate excusing the child from attendance has been issued. If necessary, issue a supplemental payment to assure that the child was added back to the financial assistance payment for the month the school stated regular attendance resumed.

See Most Recent Obsolete Policy

In a household that has an eligible child who meets “age” requirements (see policy 221 ), all brothers, sisters, half-brothers, half-sisters, adopted brothers, and adopted sisters to an eligible child, who are residing in the same household, and who also meet the age requirement, must be included in the same assistance filing unit. (See #9) Regarding household composition and legal custody situations.

All parents, including stepparents who are still married to the natural parent, residing in the same household as the eligible child must also be included in the same assistance filing unit.

When a customer residing in the household is required to be included in two filing units, the filing units must be combined into one filing unit.

Determination on who is included in the filing unit must be made before other eligibility requirements can be evaluated.

Household members who meet the relationship requirement to be included in the assistance unit, but do not meet all other eligibility requirements to be included in the financial assistance amount, must still have their income and assets counted when determining the financial assistance for the filing unit. This includes, but is not limited to:

Ineligible Non-Citizens;

A customer where verification has not been provided to add the person to the case;

Customers who have failed to cooperate with Office of Recovery Services (ORS) on a repayment of retained child support agreement. ORS will notify Department of Workforce Services (DWS) when this occurs.

Exception: When the ineligible non-citizen is a dependent child, that child is not considered a household member.

U.S. Citizenship - If either or both of the parents do not meet U.S. citizenship requirements, the remaining members may still be eligible as long as all other eligibility requirements are met. Eligibility requirements include the participation requirements, including community service and job search requirements that may be completed by the non-citizen. Only eligible household members will be included in the payment.

Household members, who meet the requirement to be included in the assistance unit, and have been disqualified from receiving financial assistance because of fraud, must still have their income and assets counted when determining the financial assistance for the filing unit.

When one recipient household lives with another recipient household, the households are combined into one assistance unit if the household members meet the relationship requirements to be included in the same assistance unit. If based on the relationship rules, these recipient households are determined as not being required to be combined into one assistance unit, each household receives its own financial assistance, based on the number of eligible persons.

Eligible age children bound by a court order of custody must be included or excluded from the household based on the actual circumstances of physical custody. (see policy 221-10 )

If the household claims that a parent is not residing in the home and there is information that a parent is RESIDING in the home, acceptable evidence must be obtained BEFORE taking action to determine if that parent should be included in the filing unit.

A parent is considered to be residing in the home when:

Absence is caused SOLELY because of active duty in military service; or

Absence is caused SOLELY because of employment, school, or training; or

The non-custodial parent is expected to RETURN to live in the home within 30 days from the date of application.

If a parent is determined to be residing in the household, the parent must be included in the filing unit.

A parent who is determined to NOT reside in the home can provide continued care, guidance, and support to a child without affecting the household’s eligibility for assistance.

See Most Recent Obsolete Policy

Parents include natural parents, adoptive parents, and step-parents.

Natural Parents

When a woman’s name appears on the birth record of a child, she is a natural parent.

The man is the natural parent when relationship to the child is established. Relationship can be established for a child when:

The parents have a solemnized marriage at the time of conception or birth; or

Through a court action naming a man as the father; or

A man signs a voluntary paternity acknowledgment form with Office of Recovery Services (ORS) or Vital Statistics; or

A man signs form 941 acknowledging his relationship to the child.

Special Consideration for Refugee households who do not enter the U.S. with birth certificates:

Refugee families who enter Utah as their primary state of resettlement are allowed to use any documentation from a Resettlement Agency in Utah that verifies the parental/family relationship.

Refugee families who enter Utah as their secondary state of migration may provide verification from the Resettlement Agency from the previous state if that documentation will verify parental/family relationships.

If this documentation is not available from the previous Resettlement Agency, the household may provide proof they were eligible to receive public assistance benefits from the previous state, as long as the benefits received in the previous state required proof of parental/family relationships.

Step-parents: A step-parent is married to a natural parent through solemnized marriage or common-law marriage. See policy 221-9 for information on common law marriage.

Adoptive Parents: Adoptive parents (regardless of gender) are the legal parents of the child and bear all the rights and responsibilities of natural parents.

The relationship of the adoptive parents to the child can be verified by:

The new Birth Certificate of the child verifying the relationship to the parents, or

Court adoption documents verifying the legal adoption of the child by the parents.

250 - Additional Household Situations

See Most Recent Obsolete Policy

Utah recognizes two types of legal marriage. These are solemnized marriage and common law marriage. Marriages performed outside the State of Utah declared void by the Utah State Constitution, will not be considered valid for Financial Programs.

In Utah, common-law marriage is legal and valid when it has been established by Court or Administrative Order. Living arrangements alone are not enough to establish a common-law marriage. Even the fact that a child is born to a couple who reside together does not prove common-law marriage.

To be married under common law, both parties must meet the criteria listed in ALL 5 sections below:

The parties must live together; and

Both parties must be old enough to marry:

at least age 16; or

at least age 14 when written consent has been given by the person's legal guardian; and

Both parties must be legally able to enter a solemnized marriage. This means they must NOT be:

Currently married - any prior marriage must have been terminated by death, divorce or annulment; or

Afflicted with syphilis or gonorrhea that is communicable or that may become communicable; and

The parties must mutually assume rights, duties and obligations of marriage. Examples of this include, but are not limited to:

Having joint accounts or credit (mortgage or other major purchase or credit accounts, or other bills); and

Have a reputation of being married. The couple must be known to their neighbors, family, friends or community as husband and wife. Use of the same surname MAY be a form of evidence. Signatures on legal and business documents representing the couple as married would be another form of evidence; and

The parties must have a Court or Administrative Order to establish the marriage. There is no marriage without this order. The order for the marriage will give the date the marriage began. An order may be obtained while the couple lives together or within up to one year after their relationship ends. (The order may not take effect prior to April 27, 1987.)

Both parties must consent to enter into the relationship. The two ways the parties can express their consent to the relationship is either by expressed consent or implied consent. Before an order of common-law marriage will be issued, there must be legally acceptable evidence that the parties gave their expressed or implied consent to the relationship.

Expressed Consent is:

The parties state their consent to the relationship and desire for marriage. They do this by:

signing written statements that they desire to be married; and

providing evidence that they are able to marry

Implied Consent: There is implied consent if the actions of the couple demonstrate that they consent to the relationship and imply consent or desire for marriage. If legally acceptable evidence of this is submitted to the Office of Adjudications, they will review it and decide whether there is implied consent. In this way, proof that a common-law marriage exists can be obtained without the cooperation of the customers.

The following factors taken together can imply consent. The couple must:

Live together; and

Mutually assume rights duties and responsibilities of marriage. This may include, but is not limited to, having joint accounts, credit mortgages, or other major purchase or credit accounts, or other bills; and

Have a reputation of being married. The couple must be known to their neighbors, family, friends or the community as husband and wife. Use of the same surname MAY be a form of evidence. Signatures on a lease or other legal document representing the couple as married would be another form of evidence.

Proof must meet general rules of legally acceptable evidence. Items which may be acceptable include, but are not limited to, the following:

Paper documentation: This includes papers signed or completed by the couple and recent official documents that prove facts about them. These include, but are not limited to, leases, rental agreements, financial papers, divorce decrees, and other recent business documents.

Witnesses: The witness must have "first hand" knowledge about the couple. The witness can only testify to what he knows. An example would be an apartment manager who testifies that the couple visits him frequently and represent themselves as married. He may know that when he talked with the customer she has always referred to the man as her husband.

To obtain an order of marriage from the Office of Adjudications, send a written request to them.

Include evidence that the parties:

are legally able to enter a marriage; and

are in a relationship that meets the requirements for a common-law marriage

If the request is for a retroactive date for the start of the marriage, include evidence of this as well.

Office of Adjudication will review the evidence and conduct a hearing to decide if a marriage exists. If the Office of Adjudication decides there is a marriage they will issue the Administrative Order that legally establishes it.

The customer may appeal the decision of the Hearing Officer. The director of the Office of Adjudication will hear ONE appeal on the decision. After that the Office of Adjudication will not reopen the marriage issue. If the customer wishes to pursue the issue further, it must be addressed in court.

The customer may request fair hearings on case actions which result from an order which establishes a marriage. However, the Office of Adjudication will discuss only the issues of whether the action complies with program rules. The issue of marriage will not be addressed.

See Most Recent Obsolete Policy

Physical living arrangements of a child determine in which household the child should be included. This is true even when a parent claims to have joint custody of the child. A child residing in the home more than 50% of the time must be included in that household despite custody agreements or court orders; and Duty of Support must be completed. It is not an option to exclude the child.

On a case-by-case basis, consider the actual circumstances about where the child lives.

A child’s physical living arrangement is where the child returns after a temporary absence or visitation to the other parent.

When living arrangements show the child is living 50% of the time in each parent’s household, include the child in the household of the parent who applies first.

If both parents apply within the same 30-day application period, the parent who submitted the application first will still be the parent considered for eligibility. It does not matter if the second parent is able to provide all required verification before the first parent. The first parent is given the entire 30-day period to provide verification and that application is considered the first application.

When both parents claim they have physical custody of the child more than 50% of the time, refer the case for an investigation. The investigator will make the decision based on the household circumstances.

The reasons for the decision to approve or deny the case based on who has physical custody must be narrated in the case record.

See Most Recent Obsolete Policy

Parents have the responsibility to support their minor children until they are emancipated by turning age 18, through marriage, or a court order. Parental income is also considered available to children under age 18 who live with them - whether or not the children are emancipated. As a result, the eligibility for a parent under age 18 depends upon the policy in the following sections.

If a parent under age 18 is not eligible for assistance because of one of the following rules, then the parent’s dependent child is also NOT eligible. This is because a parent and a dependent child must be included in the same filing unit.

221-11A - Unemancipated Parents - FEP, FEP-TP

221-11B - Unemancipated Parents with Good Cause not to Live with Their Parents - FEP, FEP-TP

221-11C - Parents Under the Age of 19, Unemancipated, Living with Their Parents - FEP, FEP-TP

Parents who have not been emancipated by age, marriage, or court order - who have a dependent child in their care, MUST reside in one of the following living arrangements to be eligible for assistance:

In the home of their parents or stepparents who are also receiving financial assistance. In such situations, these unemancipated parents are included in the same assistance unit with their parents or stepparents.

In the home of their parents or stepparents who are NOT receiving financial assistance. In such situations the parents or stepparents income will be deemed in determining if the unemancipated parent is eligible to receive assistance. See policy 401-2 for income deeming requirements.

In the home of a person who has been awarded legal guardianship of the unemancipated parent.

In a suitable adult-supervised living arrangement when a determination has been made that an unemancipated parent has good cause not to live with a parent, stepparent, or legal guardian. Good Cause is defined as:

The unemancipated parent’s parents, stepparents or legal guardians’ whereabouts are unknown; or

No living parent, stepparent, or legal guardian, will allow the unemancipated parent to live in his or her home; or

The unemancipated parent has lived independently from his or her parents, stepparents, or legal guardians for a period of at least one year before either the birth of the dependent child or the parent’s application for financial assistance, and the unemancipated parent was self supporting during this same period of time.

The physical or emotional health or safety of the unemancipated parent or dependent child would be jeopardized if they resided in the same residence with his or her parents, stepparents, or legal guardian(s).

If the unemancipated parent makes allegations of abuse or neglect by his or her parents, stepparents or legal guardians, a referral of those allegations MUST be made to the Division of Child and Family Services.

A claim of good cause not to reside with a parent, stepparent, or legal guardian must be verified through evidence and/or investigation. See policy 305-5A for suggested evidence concerning physical or emotional health or safety.

If the Department of Workforce Services (DWS) determines through evidence and/or investigation that an unemancipated parent has good cause NOT to live with a parent, stepparent, or legal guardian, DWS will help the unemancipated parent locate a suitable adult-supervised living arrangement.

A suitable adult-supervised living arrangement for an unemancipated parent whose claim of good cause has been approved includes:

Living in the home of a “specified” relative. (see policy 205-3 for list of approved specified relatives)

Living in the home of an adult relative who does not meet the “specified” relative criteria.

Living in an adult-supervised residence such as a foster home or a teen-parent home.

Living in the home of a non-related adult that DWS has determined is maintained as a family setting as evidenced by the assumption of responsibility for care and control of the unemancipated minor parent and dependent child.

Living in an adult-supervised independent living residence, that DWS has determined offers the unemancipated parent the provision of supporting services, such as counseling, guidance, and direction.

The parents of the unemancipated parent must be contacted to determine whether they are supporting the unemancipated parent.

If the parents are providing an amount of support equal to or greater than what the financial assistance payment would be, the household is not eligible.

When an unemancipated parent under age 18 has been determined by DWS to have good cause not to live with his or her parents, the unemancipated parent must complete duty of support procedures against ALL his or her parents and the dependent child's non-custodial parent, unless good cause for not cooperating with duty of support criteria are met. See policy 305 for Duty of Support policy.

When a parent under age 18 is living with his or her parents or stepparents who are NOT receiving Financial Assistance, the parent under age 18 and his or her child will be their own separate filing unit. See policy 401-2 for how to count the grandparent’s income.

When a parent under age 18 is living with his or her parents or stepparents who ARE receiving Financial Assistance, the teen parent and his/her child must be included in his/her parent’s or stepparents financial assistance unit as long as all eligibility rules are met.

If the parent under age 18 is not eligible to be included in the parent's financial assistance case, the parent under age 18, and his or her child, should be their own unit.

This does not apply to those customers who have been disqualified for NOT participating. .

See policy 305 for information on Duty of Support requirements.

See Most Recent Obsolete Policy

Parents and specified relative caregivers who are required to participate in an employment plan are not eligible for temporary absence if the absence is not for the purpose of employment, training, or schooling.

An employment counselor may excuse a short absence from the home for purposes of, illness, hospitalization, etc.

Excused absences do not affect the amount of the financial assistance.

A household member who is not required to participate in an employment plan and who is expected to be temporarily absent from the home for not more than 180 consecutive days may still be considered part of the filing unit.

If a parent or specified relative is the only adult in the household and reports a temporary absence that does not include the minor dependent(s) on the case, the minor dependent(s) must be left under the supervision of another adult or the financial case will be closed.

If the child is left in the care of a parent the financial case will be closed.

A Native American child, or a child who is deaf and blind, who is temporarily absent due to boarding school may still be considered part of the financial assistance unit even if the temporary absence is expected to last more than 180 days.

See Most Recent Obsolete Policy

In order to receive Family Employment Program assistance, a household must include at least one dependent child, or a woman must be pregnant and in her third trimester.

A child must meet age and citizenship/non-citizen requirements. The children must live with at least one parent. A child does not meet this criterion if the child is emancipated through a legal marriage or a court order. If the child does NOT live with a parent, but lives with a relative see household composition requirements for the Specified Relative Program, policy 223 .

Age of Child - A child must be under age 18. A child meets this age criterion during the month the child turns 18. Some 18-year-old children continue to meet the “age of child” criteria even after they turn 18. These 18-year-olds are:

A full time student (as defined by the school); and

Taking part in a program of secondary school or equivalent level of vocational or technical training; and

The school has a reasonable expectation that the 18-year-old will complete that educational program before reaching age 19 (or in the month that the child turns 19).

FEP for a pregnant woman who has no other eligible child may begin in the third calendar month prior to the month of expected delivery. An unborn child in the 3rd trimester considered a dependent child for eligibility purposes only. The unborn child is NOT included in the financial assistance payment. See policy 610-4 for pregnancy allowance payment information).

Household members who received Temporary Assistance Needy Families (TANF) in a different household or from another State or a Tribe are not eligible to receive FEP, FEP-Two Parent (FEP-TP), Emergency Assistance, or Adoption Assistance in the same month, and cannot be included as a household member for determining eligibility in the same month. When a parent received TANF in a different household, the entire household is ineligible in the same month. See policy 264 Duplicate Participation

See also policy 221-6 for information on other household members who must be included in the FEP assistance unit.

221-1 - SSI Recipients - FEP

221-2 - Adopted Children who Receive Special Needs Assistance - FEP

221-3 - Foster Care Recipients - FEP

221-4 - Former Stepchildren - FEP

221-5 - School Attendance for Children - FEP

221-6 - Who Must be Included in the FEP Household

221-7 - Determining if the Parent is Residing in the Home - FEP

221-8 - Establishing Parental Relationship - FEP

221-9 - Marriage - Financial Assistance

221-10 - Joint Custody and Absence - FEP

221-11 - Parents Under Age 18 - FEP, FEP-TP

221-12 - Temporary Absence From the Home - FEP

See Most Recent Obsolete Policy

To be eligible for FEP-TP the household must contain two parents related to at least one eligible child. Except for the differences specified here, FEP-TP household composition policy follows FEP household composition policy.

Expecting parents with no other eligible child, the parents of the unborn may begin eligibility in the third calendar month prior to the month of expected delivery. The unborn child is not included in the financial assistance until born.

Parents who are not married, but the man-in-the-house has acknowledged relationship to the unborn. The unborn child is not included in the financial assistance until born.

If either or both of the parents do not meet U.S. citizenship requirements, the remaining members may be eligible as long as all other eligibility requirements are met. See policy 321-1A for participation requirements.

See Most Recent Obsolete Policy

To be eligible for Specified Relative Financial assistance, the household must contain an eligible child.

Both of the child’s parents must be absent from the specified relative’s home.

The child must be living with the specified relative and not just visiting. A visit has a temporary purpose such as school attendance, vacation, summer employment, medical treatment, etc. If the child's parents receive Financial assistance in Utah and their child lives with the specified relative for a temporary reason, the child must remain on the parents' Financial assistance case.

In the case of a temporary absence of the only adult specified relative caregiver in the household and the minor dependent(s) are not leaving the home with the caregiver, the minor dependent(s) on the case must be left under the supervision of another adult or the Financial case will be closed.

If the minor dependent(s) are left in the care of a parent, the specified relative Financial program will close.

A relative who has a specific relationship to a child in the home may apply for Financial assistance for that child. The following relatives meet the specific relationship to the child:

Grandfather or grandmother

Brother or sister

Uncle or aunt

First cousin

First cousin once removed (a first cousin's child)

Nephew or niece

Persons of preceding generations as designated by prefixes of grand-, great-, great-great, or great-great-great

Spouses of any relative mentioned above even if the marriage has been terminated

Persons that meet any of the above mentioned relationships by means of a step relationship such as stepbrothers and stepsisters.

Brothers and sisters by legal adoption

Individuals who can prove that they met one of the above mentioned relationships via a blood relationship even though the legal relationship has been terminated

Ex-stepparents

Native American adult who has a Native American child placed in, or living in that adult's home and both the child and the adult are members of a federally recognized tribe or are eligible for membership in a federally recognized tribe.

The adult and child do not need to be members or eligible for membership in the same federally recognized tribe.

An adult of the same ethnicity, culture, country or origin, religion, language, and/or nationality as the refugee/asylee child in their care.

Only the child must have a current refugee/asylee status.

A half-sibling who lives in the same home with an eligible child who does not have a legal or blood relationship to the relative, may be included in the Financial assistance unit with the eligible child at the option of the relative if the half-sibling is otherwise eligible. This is due to the blood relationship of the half-sibling to the eligible child. Step-siblings who have only a legal relationship to the child are not eligible to be included in the Financial grant if they do not have a blood or legal relationship to the adult relative.

Stepparents and natural parents whose parental rights (legal relationship) were terminated by court order do not meet Specified Relative relationships. They are considered under Family Employment Program (FEP) or FEP Two-Parent (FEP-TP)P policy.

If there is a court order removing the child from the parent's home, any obligations specified by the court must be observed. Office of Recovery Services (ORS) must be informed that there is a court order involved, and any special handling that may be required. See section 305-1 for more information on Duty of Support requirements with ORS.

Eligibility is not based solely on a court order that awards physical custody to the specified relative. If the child is actually living with the parents, the specified relative is not eligible for assistance for the child.

If the parents can be located and/or contacted, Form 544, Statement of Non-Support must be completed to determine if they are supporting their child. Contacts and responses of the parents must be narrated in the case record. If the parents cannot be located, the attempts made to locate them must be narrated in the case record.

If the parents indicate they would be willing to support the child if the child returned to their home, the child is ineligible unless there is a court order that has removed the child from the parent's home. In a situation where the minor runs the risk of returning to abusive or neglectful parents, a referral to the Division of Child and Family Services must be made.

Any support actually available to the child must be considered.

If the parents are providing and amount of support equal to or greater than the monthly Financial assistance issued on the case, the child is ineligible.

If the parents provide support less than the monthly Financial assistance amount for the case, the support is considered child support. See section 425-20 for policy on how child support income is to be counted.

If the child is eligible, household composition is determined in one of the following ways:

If the specified relative is already a FEP recipient, the child will be added to the existing case.

If the specified relative is not a FEP recipient, and does not want to be included on the Financial assistance, the Financial assistance will be based on the eligible children.

If the specified relative is not currently a FEP recipient, and wants to be included on the Financial case, the following must be determined:

If the specified relative's household meets all FEP eligibility requirements with the presence of this eligible child, open a case that includes everyone in the household.

If the specified relative wants to be included in the Financial assistance payment but their household cannot meet the requirements for FEP assistance, the specified relative may be included on the Financial assistance with the child. To be included the specified relative:

Must request assistance for himself or herself. In this situation the relative’s spouse and children cannot be included on this Financial assistance.

Must meet all other eligibility requirements, such as resources, income, participation requirements, change reporting, not participating in a strike, etc. See policy 401-3 for policy on income for specified relatives.

See Most Recent Obsolete Policy

If a birth parent has other related dependent children in the home, and does not meet the qualifications for the Family Employment Program, the birth parent is not eligible to receive any financial adoption assistance.

If a birth parent has other dependent children in the home and receives a Family Employment Program (FEP) grant, the Adoption Assistance grant will increase the FEP grant amount by one household member while the customer remains eligible for FEP during the 12 month Adoption Assistance period.

For a birth parent who was (or would have been) the caretaker of a child whose custody has been relinquished for the purpose of adoption, and has no other related dependent children living in the home, Financial Adoption Assistance will be provided equal to a household size of one.

If a parent relinquishes rights to more than one child, the financial adoption assistance will still be equal to a household size of 1.

Both birth parents (father and mother) who are living together in the same household and have no other related dependent children residing with them can receive Adoption Assistance if:

They were (or would have been) the caretakers of a child whose custody has been relinquished for the purpose of adoption,

And would have been otherwise eligible for the Family Employment Program (FEP) based on incapacity.

Adoption Assistance will be provided equal to a household size of one, even though both parents must be participating at appropriate levels, and have their income and assets counted when determining assistance.

If an Adoption Assistance recipient marries someone who is not a birth parent to the relinquished child, the new spouse’s income and assets will be included in the benefit calculation. The new spouse will not be included in the household size and is not required to participate. However, if the customer is also receiving a FEP grant for other children in the household the spouse will be required to participate.

For a birth parent who is an unemancipated minor, the parental income deeming rules for minors living with their parents in policy 401-2 and the rules concerning unemancipated minors living separately in policy 221-11 are applied when determining eligibility for Adoption Assistance

A Utah resident parent must have voluntarily relinquished custody of the child for the purpose of adoption. In Utah a relinquishment of a child can occur at any age, with the condition that a child age 12 or older must agree to the relinquishment. Parents who have their parental rights terminated by a court do not meet the voluntary relinquishment criteria.

See Most Recent Obsolete Policy

Refugee parents with dependent children with one incapacitated parent must be considered for the Family Employment Program (FEP) Refugee households with two able-bodied parents will be considered for the RCA program.

Afghani Humanitarian Parolees may qualify for refugee supportive services until the end of the parole term or March 31, 2023, whichever is later.

Eligibility for Refugee Resettlement Program support and social services is limited to all refugees who:

Meet the immigration status and identification requirements identified in policy 215-2 , and 215-3 ; and

Are 16 years of age and older and who are not full-time students in elementary or secondary school, except that such a student may be provided employment services in order to obtain part-time or full-time employment upon completion of schooling; and

Have not been in the United States for more than sixty (60) months. This excludes citizenship and naturalization services, referral and interpreter services all of which can be provided to all refugees regardless of their length of U.S. residence.

See Most Recent Obsolete Policy

Married couples meet the impairment criteria and time limits on an individual basis. If the household includes an ineligible spouse, the income and assets of the ineligible spouse must be counted when determining the eligibility of the household. The household can consist of any combination of impaired, non-impaired, short-term disabled, or long term disabled as long as at least one spouse meets the eligibility requirements. The spouse that does not meet eligibility requirements is not included in the financial payment.

The individual must be at least eighteen years of age or emancipated.

A person who is not legally emancipated may claim to be factually emancipated. If the parents are available, the Department of Workforce Services (DWS) Employment Counselor shall contact them by telephone or use Form 544 , Affidavit of Non-Support, to determine if they will support the child.

If the parent will support the child, the child is ineligible.

If the parents refuse to support the child or are unavailable, complete duty of support procedures.

If the child refuses without good cause to cooperate in locating the parents, the child is ineligible.

See policy 240-2B for information to determine if an individual is legally emancipated or factually emancipated.

See Most Recent Obsolete Policy

The family must have a dependent child (or a woman pregnant in her third trimester) who is either a U.S. citizen (this includes customers who have been naturalized) or a non-citizen who is lawfully admitted to reside permanently in the U.S. non-Citizens granted legal temporary or legal permanent status under the 1986 Immigration Reform and Control Act are not eligible for five years from their adjustment date.

The determination of who is included in the household is based on the individual’s relationship to the eligible dependent children. The following individuals living in the household must be included:

Parents (natural, adoptive, step, even if they are Ineligible Non-Citizens) of the eligible child(ren).

All dependent siblings (full, half, step, even if they are Ineligible Non-Citizens) of the eligible child(ren).

All children (natural, adoptive, step, even if they are Ineligible Non-Citizens) of the eligible dependent child(ren).

See policy 205-8 for more information on eligibility requirements and payment amounts for EA.

See policy 285 for information on the time limits for EA.

See Most Recent Obsolete Policy

Count only persons eligible for SNAP in the household size.

The following are members of one household:

All people living together and purchasing and preparing food together must be one SNAP household.

Exception:

If a SNAP applicant, who would otherwise qualify as a separate household, is currently purchasing and preparing food together with roommates out of necessity, determine if they will continue to do so if SNAP is approved.

If the applicant will purchase and prepare food separately after being approved for SNAP, they will be considered a separate SNAP household from their roommates as outlined in the section below titled, Who Can Be a Separate Household.

Spouses that live together

Parents and natural, adoptive, and/or step children age 21 years of age and under that live together.

A child under parental control, under 18 years old, living in the same household with an adult where there are no spousal or parental relationship. Consider a child to be under parental control when the child is dependent upon another household member either financially or otherwise.

Exceptions to Living under Parental Control:

Foster care children can be considered boarders and not included in the foster parent’s household, as long as the children are not placed with their own parents. See policy 259 for more information about boarders.

Children 18 and younger who are married and living with the spouse.

The household situation must be confirmed before determining if the household can be considered a separate household. The following defines household composition. A. An Individual living alone,

B. An Individual living with others, BUT customarily purchasing food and preparing meals for home consumption separate and apart from others (considered a separate household) or

C. A group of individuals who live together and customarily purchase food and prepare meals together for home consumption (considered one household).

Households living and purchasing and preparing food with another household, who would otherwise qualify as a separate household, may file an application as a separate household if their intention is to purchase their own food separately from the other household after they are approved for SNAP.

A permanently disabled household member who is unable to purchase and prepare food. For the person to be considered a separate household, the two conditions below must be met:

The disability must be verified by a physician or licensed psychologist. They do not have to qualify as a disabled person under policy 254 .

The countable gross income of the other people is not more than the limit listed on Table 2 (165 percent of net monthly income) for the household size.

The income of the disabled person and his or her spouse is not counted in the 165 percent net income test.

Neither the disabled person nor his/her spouse is included as household members when comparing gross income to Table 2 .

The income of the other household members is considered as if they were applying for SNAP. It does not matter if they qualify for SNAP.

If a disabled child, age 21 and younger, lives with their parents, their parents must be included in their SNAP household.

If other members of the household want separate SNAP benefits, they may be considered as a separate household as long as the disabled members meet all SNAP eligibility criteria even if they are not receiving SNAP.

See Most Recent Obsolete Policy

The determination of who lives together and so must be included together in one SNAP case is based on the following criteria:

Parent or adults and their children under age 22 who share the kitchen, bathroom, or living area live together and must be one household. Living areas is defined as the living room or bedroom of the residence.

A child under age 22 who lives on the parent's property in a separate structure, such as an apartment over the garage or in a camper is included in the household if he uses the kitchen, bathroom or living area of the parent's residence every day.

A child under age 22 who lives on the property but does not share kitchen, bathroom or living area is probably not part of the same household.

See Most Recent Obsolete Policy

When determining who should be included in the household, consider what is actually happening. The household member must physically live in the SNAP household sometime during each month. The amount of time does not matter as long as duplicate participation is not allowed. If the person is not expected to be in the household at all during the month, he or she cannot be considered a member for that month.

It may be necessary to ask clarifying questions to get a clear picture of household composition. Verification of household composition should only be required if, after asking clarifying questions, it is still unclear who lives in the household and who should be included in the SNAP.

When parents have joint custody, and the child actually lives with both parents in the same month, the child can be in either parent’s SNAP household. The amount of time does not matter as long as duplicate participation is not allowed. The child will be included in the SNAP household of the parent that applies first. If the second parent applies to add the child to their SNAP household, the parents must decide whose household the children will be included in. The child will remain in the first parent’s SNAP household, unless the first parent agrees to remove the child from their SNAP household.

Spouses/parents/household members who live away from home during the week to work or go to school and come home on a weekend or any part of the month must be included in the household.

If children in Job Corps or residing in boarding schools are home part of the month, they can be included in the SNAP household.

230-1 - Household Members Defined - SNAP

230-2 - Determining Who Lives Together - SNAP

230-3 - Household Concept/Custody - SNAP

This section applies to Employment Support Child Care. Family Employment Program (FEP) Child Care follows FEP household composition rules.

Family structures and relationships are used to determine who to include in the Child Care assistance case and how income and assets count.

240-1A - Single Parent Families - ESCC

240-1B - Two Parent Families - ESCC

240-1C - Multi-Generational Families - ESCC

240-1D - Related Adults - ESCC

240-1E - Unrelated Adults - ESCC

240-1F - Teen Parent - ESCC

See Most Recent Obsolete Policy

One parent and at least one child living in the home; or

One parent and at least one child living in the home with a second parent incarcerated for more than 30 days; or

Two parents living in the home with one parent incapacitated and not able to provide care for their children because of the incapacity.

Incapacity - One parent in a household who cannot work and provide child care because of a physical, emotional or mental impairment while the other parent works.

A statement must be provided to verify the parent’s incapacity and w hy the incapacity prohibits them from providing care for their children AND that the incapacity is expected to last for at least 30 days.

The statement can be verified in one of the following ways:

Receipt of Supplemental Security Income (SSI) or Social Security Administration (SSA) disability benefits from the Social Security Administration if it proves the incapacity prohibits the parent from providing care for their children;

100% disabled by the Veteran's Administration if it proves the incapacity prohibits the parent from providing care for their children; or

By submitting a written statement from a Licensed:

Medical Doctor (MD)

Doctor of Osteopathy (DO)

Advanced Practice Registered Nurse (APRN)

Physician's Assistant (PA)

Mental Health Therapist engaged in the practice of mental health therapy. This includes a psychologist, clinical social worker, certified social worker, marriage and family therapist, MD, DO, APRN, and professional counselor.

A parent's participation in employment and/or training/education or any other activity demonstrates that the parent is not incapacitated.

An exception may be granted if verification supports re-training as a requirement to resolve the incapacity and inability to provider care for the children. Contact the State Program Specialist when unusual situations occur

See Most Recent Obsolete Policy

Two parents and at least one child in the home. Unmarried adults are treated the same as a married couple when they have a child in common.

One parent and at least one child in the home with the second parent living outside the home for employment, military service, or training/education purposes.

Refer to policy 240-1A when one parent of a two parent family is incapacitated.

There may be situations where three or more parents must be in the same filing unit. These families are not eligible for Child Care assistance because there is an adult in the household who is available or could be made available, to provide no cost child care. For Employment Support Child Care, eligibility follows the parent. A multiple partner/parent living arrangement occurs when:

A parent is in a relationship with two or more other parents who live in the same filing unit and have children who are related to each other; or

Two or more parents have a current relationship with another parent residing in a separate home and have children who are related to each other.

All parents assume responsibility for all the children. These situations are considered one filing unit. Parents may not apply separately. Suggest that the parents adjust their work schedules to be available to provide care for their children.

Exceptions may be granted on a case-by-case basis depending on the circumstances. Contact the State Program Specialist for guidance.

See Most Recent Obsolete Policy

There are times when multi-generational family members reside in the same home. Depending upon the situation, they may be considered one filing unit.

All unemancipated children must be included in the filing unit. This also includes any children of an unemancipated teen parent.

If an emancipated or unemancipated teen parent needs child care for their own child(ren), they will have to apply on their own case. See policy 240-1F for more information about teen parent child care.

For Employment Support Child Care, related adults, other than parents with a child in common, living together will each be considered a separate household.

When joint custody has been granted in a divorce and the adult parents each have a need for child care during the time the child spends with each parent, each parent will have a separate case. Participation hours of the parent will be based on the time the child is actually with them and needs child care.

Follow the policy in policy 425-21 when joint custody has not been granted and the divorce decree names an amount separate from child support as payment for child care.

When a parent does not have legal custody, but has physical custody of the child, he may be eligible for child care if other eligibility requirements are met.

See Most Recent Obsolete Policy

Unrelated Adults living together will each be considered a separate household when they do not have a child in common.

Unrelated Adults living together with a child in common will be considered one household.

When an unrelated adult has legal custody of a child, treat the adult as you would a parent. Determine if it is a single parent or a two-parent household. Determine need for child care, count the income and assess the co-payment.

An unrelated adult who does not have legal custody established by a court order for a child cannot receive Child Care assistance for that child. The child is not to be included in the Child Care filing unit.

See Most Recent Obsolete Policy

A teen parent is defined as a person under age 18 and having at least one qualifying child. Teen parents may be emancipated or unemancipated. A teen parent may or may not reside with their parent(s). The following apply for teen parent child care:

All ESCC eligibility criteria must be met.

Teen parents, who are attending school to obtain their high school diploma or GED, are not required to meet the ESCC minimum work requirements.

Teen parents must apply for child care on their own case.

Parents and siblings of the teen parent are not part of the filing unit.

The parent’s income of the teen parent is exempt.

Parents of an unemancipated teen parent cannot be a provider.

240-2A - Parents - ESCC

240-2B - Child - ESCC

240-2C - Specified Relatives - ESCC

See Most Recent Obsolete Policy

Parents include natural parents, adoptive parents, and stepparents.

Natural Parents

When a woman’s name appears on the birth record of a child, she is a natural parent.

The man is the natural parent when relationship to the child is established. Relationship can be established for a child when:

the parents have a solemnized marriage at the time of conception or birth; or

through a court action naming a man as the father; or

a man signs a voluntary paternity acknowledgment form with Office of Recovery Services (ORS) or Vital Statistics; or

a man signs form 941 acknowledging his relationship to the child.

Stepparents: A stepparent is married to a natural parent through solemnized marriage or common-law marriage. See policy 221-9 for information on common law marriage.

Unemancipated child who is a parent

An unemancipated child who is a parent can apply and receive Child Care services. See policy 240-1F for more information about teen parent Child Care.

Parents of an unemancipated child who is a parent and lives out of the home are still responsible for the unemancipated child. The minor may contact Office of Recovery Services for child support assistance.

See Most Recent Obsolete Policy

A child is a person age 18 and under and not emancipated. See #6 below for more information regarding emancipation. In order to receive Child Care the child and adult must be related by blood (natural child), marriage (stepchild) or adoption (adopted child) or living with a specified relative or legal guardian.

All children related to the parent/specified relative who are visiting or living in the home are included in the household composition, but not all are eligible for Child Care based on age or visiting arrangements. See policy 210 for information on age requirements for children eligible for Child Care.

The child must be living in the same home as the person seeking assistance to receive a subsidy payment; this includes joint custody situations. See policy 240-1D

An emancipated child is not considered part of the parents’ household.

An emancipated child who is a parent can apply and receive Child Care services. Only her/his income is counted towards eligibility.

Emancipation is defined as:

Age 18 and over unless the 18-year-old is a full-time student in a secondary school or an equivalent level of vocational or technical training and the school has verified a reasonable expectation the 18-year-old will complete the educational program before turning 19. (Legally emancipated)

Legally married. (Legally emancipated)

Ordered by a Court. (Legally emancipated)

The parent no longer provides care and support (Factually emancipated). In order to be considered factually emancipated, verifications must be provided to establish the parent lived independently from his/her parents or guardian AND must have been economically self-supporting for the past 12 months. If the minor is living in his/her parent's home, the parents are providing support and the minor is not considered factually emancipated. See policy 240-1C for more information.

See policy 240-1F on information about Child Care for teen parents.

See Most Recent Obsolete Policy

Child Care assistance may be given when the child is living with a specified relative. The following people are specified relatives:

grandfather or grandmother

brother or sister