Hardship exception
(i) In general
(i)In general#
The State may exempt a family from the application of subparagraph (A) by reason of hardship or if the family includes an individual who has been battered or subjected to extreme cruelty.
(ii)Limitation#
The average monthly number of families with respect to which an exemption made by a State under clause (i) is in effect for a fiscal year shall not exceed 20 percent of the average monthly number of families to which assistance is provided under the State program funded under this part during the fiscal year or the immediately preceding fiscal year (but not both), as the State may elect.
(iii)Battered or subject to extreme cruelty defined#
For purposes of clause (i), an individual has been battered or subjected to extreme cruelty if the individual has been subjected to—
(I) physical acts that resulted in, or threatened to result in, physical injury to the individual;
(II) sexual abuse;
(III) sexual activity involving a dependent child;
(IV) being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
(V) threats of, or attempts at, physical or sexual abuse;
(VI) mental abuse; or
(VII) neglect or deprivation of medical care.
(iii)(I)#
physical acts that resulted in, or threatened to result in, physical injury to the individual;
(iii)(II)#
sexual abuse;
(iii)(III)#
sexual activity involving a dependent child;