Arizona Laws 46-296. Eligibility for assistance; unwed minor parents
A. Except as provided in subsection B, an assistance unit headed by an unmarried person under eighteen years of age is not eligible for assistance benefits.
Terms Used In Arizona Laws 46-296
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Applicant: means a person who has applied for assistance or services under this title, or a person who has applied for assistance or services under this title and who has custody of a dependent child. See Arizona Laws 46-101
- Assistance: means payments in cash or kind to or on behalf of a person or persons in need as provided for in this title. See Arizona Laws 46-101
- Assistance unit: means those members of a needy family, as prescribed by the department in rule, or a child only case, that meets the nonfinancial eligibility criteria for cash assistance and whose needs and other circumstances are considered as a whole to determine a cash assistance benefit amount. See Arizona Laws 46-101
- Cash assistance: means temporary assistance for needy families paid to a recipient for the purpose of meeting basic living expenses as defined by the department. See Arizona Laws 46-101
- department: means the department of economic security. See Arizona Laws 46-101
- Dependent: A person dependent for support upon another.
- Dependent child: means a needy child who has been deprived of parental support or care by reason of the death, unemployment of the supporting parent as defined and prescribed by the rules of the department, continued absence from the home, or physical or mental incapacity of a parent, and whose relatives who are responsible under the law for the child's support are not able to provide adequate care and support of the child without public assistance, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, niece, nephew or cousin in a place of residence maintained by one or more of such relatives as his or their own home or who is in the legal custody of the department of child safety and placed in a foster home or with an unrelated adult as a recipient of temporary assistance for needy families. See Arizona Laws 46-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Services: includes social casework, rehabilitation counseling and similar services rendered to a person or persons in need as provided for in this title. See Arizona Laws 46-101
- Temporary assistance for needy families: means assistance granted under section 403 of title IV of the social security act as it exists after August 21, 1996. See Arizona Laws 46-101
B. Subsection A does not apply to unwed minor parents in any of the following situations:
1. The applicant has no living or locatable parent, other legally responsible adult relative or legal guardian.
2. The applicant is a legally emancipated person. For purposes of this paragraph, "emancipated person" means a person who, under the laws of this state, is neither under a legal duty of service to a parent or parents, other adult relative or legal guardian nor entitled to the support of a parent or parents, other adult relative or legal guardian. The department shall adopt rules prescribing relatives who can be considered as an "other adult relative".
3. On submission of an applicant’s statement of abuse or neglect, the department determines that there is sufficient evidence that the health or safety of the applicant or the applicant’s dependent child or children would be jeopardized if the applicant or dependent child or children resided with the applicant’s parent, other legally responsible adult relative or legal guardian.
4. The unwed minor parent and his child or children reside with the minor’s parent or parents, other adult relative or legal guardian who either has eligible children or is determined needy by the department. The department shall use the following guidelines when determining eligibility pursuant to this paragraph:
(a) In the case of the minor’s parent or parents, other adult relative or legal guardian with eligible children, the department shall combine all eligible children in one assistance unit and grant. The minor parent’s parent or parents, other adult relative or legal guardian shall be the applicant and payee for the assistance grant.
(b) For purposes of determining whether the minor’s parent or parents, other adult relative or legal guardian is needy, the department, by rule, shall adopt a screening tool with income criteria not exceeding those used to determine eligibility for assistance benefits. If the department determines the household to be needy, the unwed minor parent shall be considered an eligible applicant for assistance benefits.
C. Nothing in this section shall be construed to prevent an otherwise eligible person who is not eligible for cash assistance benefits pursuant to subsection A from being eligible to receive covered medical services under Title 36, Chapter 29 or any other services that are directly linked to eligibility for the temporary assistance for needy families program.
D. Any attempt by a minor applicant for assistance benefits to knowingly misrepresent information in a manner that is designed to subvert the requirements of subsection B constitutes fraud, and the department shall report the person to the appropriate authorities. The department also shall report to the appropriate authorities any evidence of abuse or neglect the department obtains while making a finding pursuant to subsection B, paragraph 3 regarding the health or safety of an unwed minor parent or the unwed minor parent’s dependent child or children.
E. In implementing any provision under this title regarding limiting benefits for additional children, the department, only for the purposes of attempting to assign a birth to a specific assistance unit, shall consider as separate assistance units the combined household referenced in subsection B, paragraph 4.