Section 29-5802. MINORS ABSENT FROM THE HOME

 

5802.1A minor who is absent from the home for more than ninety (90) days or who is expected by the minor's parent or other caretaker relative to be absent from the home for more than ninety (90) days shall be ineligible to receive TANF benefits unless the absence is due to good cause.

 

5802.2For purposes of this section, "good cause" shall be defined as:

 

(a)Participation in a training program, including the Job Corps;

 

(b)Attendance at a residential school, including schools that also provide medical care, if the parent or caretaker relative still must maintain a home for the minor during periods of non-residence at the home;

 

(c)Participation in treatment in a residential center for drug or alcohol abuse or addiction;

 

(d)Hospitalization, including situations in which newborns remain in the hospital after the mother is discharged, unless:

 

(1)Written statements or other evidence by a competent medical authority indicate that it is unlikely that the newborn will ever be released to the parent's home;

 

(2)The newborn is made a ward of the District; or

 

(3)A person other than the parent obtains legal custody of the newborn; or

 

(e)Brief visits away from home, including joint or shared custody or visitation arrangements, which requires the minor to be absent from the home for more than ninety (90) consecutive days but less than one hundred (100) days, with the expectation that the applicant or recipient of TANF still maintain a home for the minor. Nothing in this paragraph shall be construed to permit a minor to be included at any time in more than one (1) cash assistance unit simultaneously.

 

5802.3A parent or caretaker relative shall inform the Department of the minor's absence no more than five (5) days from the date it becomes clear to the parent or caretaker relative that the minor will be absent from the home without good cause for more than ninety (90) days.

 

5802.4If a parent or caretaker relative fails to report that a minor is absent from the home for more than ninety (90) days, or fails to report that a minor is expected to be absent from the home for more than ninety (90) days (when such expectation is found to be correct), the needs of the parent or caretaker relative shall be excluded from the TANF benefit for a period of three (3) months, after adequate and timely notice has been given.

 

5802.5If a parent or caretaker makes a late report of a minor's absence or expected absence from the home for more than ninety (90) days, as described above, the needs of the parent or caretaker relative shall be excluded from the TANF benefit for one (1) month, beginning with the month following the absence of the child from the home.

 

5802.6DHS shall not deny TANF benefits to a minor who is expected to be absent from the home for more than ninety (90) days but who, in fact, is not absent for more than ninety (90) days.

 

5802.7DHS shall inform each TANF applicant or recipient orally and in writing of the following:

 

(a)The applicant's or recipient's responsibility to report any minor's absence from the home, if the absence is expected to exceed ninety (90) days;

 

(b)The consequences of a minor's absence from the home for more than ninety (90) days;

 

(c)The consequences of a parent's or caretaker's failure to make a timely report of a minor's absence or expected absence for more than ninety (90) days; and

 

(d)The effect of a late report of a minor's absence, or expected absence for more than ninety (90) days.

 

5802.8A parent or caretaker relative may appeal a sanction for not complying with a notification regarding a minor absent from the home through the fair hearing process.

 

source

Final Rulemaking published at 48 DCR 10251 (November 9, 2001).