42 U.S.C. § 608 : US Code - Section 608: Prohibitions; requirements

Search 42 U.S.C. § 608 : US Code - Section 608: Prohibitions; requirements

(a) In general
(1) No assistance for families without a minor child
A State to which a grant is made under section 603 of this
title shall not use any part of the grant to provide assistance
to a family, unless the family includes a minor child who resides
with the family (consistent with paragraph (10)) or a pregnant
individual.
(2) Reduction or elimination of assistance for noncooperation in
establishing paternity or obtaining child support
If the agency responsible for administering the State plan
approved under part D of this subchapter determines that an
individual is not cooperating with the State in establishing
paternity or in establishing, modifying, or enforcing a support
order with respect to a child of the individual, and the
individual does not qualify for any good cause or other exception
established by the State pursuant to section 654(29) of this
title, then the State -
(A) shall deduct from the assistance that would otherwise be
provided to the family of the individual under the State
program funded under this part an amount equal to not less than
25 percent of the amount of such assistance; and
(B) may deny the family any assistance under the State
program.
(3) No assistance for families not assigning certain support
rights to the State
(A) In general
A State to which a grant is made under section 603 of this
title shall require, as a condition of providing assistance to
a family under the State program funded under this part, that a
member of the family assign to the State any rights the family
member may have (on behalf of the family member or of any other
person for whom the family member has applied for or is
receiving such assistance) to support from any other person,
not exceeding the total amount of assistance so provided to the
family, which accrue (or have accrued) before the date the
family ceases to receive assistance under the program, which
assignment, on and after such date, shall not apply with
respect to any support (other than support collected pursuant
to section 664 of this title) which accrued before the family
received such assistance and which the State has not collected
by -
(i)(I) September 30, 2000, if the assignment is executed on
or after October 1, 1997, and before October 1, 2000; or
(II) the date the family ceases to receive assistance under
the program, if the assignment is executed on or after
October 1, 2000; or
(ii) if the State elects to distribute collections under
section 657(a)(6) of this title, the date the family ceases
to receive assistance under the program, if the assignment is
executed on or after October 1, 1998.
(B) Limitation
A State to which a grant is made under section 603 of this
title shall not require, as a condition of providing assistance
to any family under the State program funded under this part,
that a member of the family assign to the State any rights to
support described in subparagraph (A) which accrue after the
date the family ceases to receive assistance under the program.
(4) No assistance for teenage parents who do not attend high
school or other equivalent training program
A State to which a grant is made under section 603 of this
title shall not use any part of the grant to provide assistance
to an individual who has not attained 18 years of age, is not
married, has a minor child at least 12 weeks of age in his or her
care, and has not successfully completed a high-school education
(or its equivalent), if the individual does not participate in -
(A) educational activities directed toward the attainment of
a high school diploma or its equivalent; or
(B) an alternative educational or training program that has
been approved by the State.
(5) No assistance for teenage parents not living in adult-
supervised settings
(A) In general
(i) Requirement
Except as provided in subparagraph (B), a State to which a
grant is made under section 603 of this title shall not use
any part of the grant to provide assistance to an individual
described in clause (ii) of this subparagraph if the
individual and the minor child referred to in clause (ii)(II)
do not reside in a place of residence maintained by a parent,
legal guardian, or other adult relative of the individual as
such parent's, guardian's, or adult relative's own home.
(ii) Individual described
For purposes of clause (i), an individual described in this
clause is an individual who -
(I) has not attained 18 years of age; and
(II) is not married, and has a minor child in his or her
care.
(B) Exception
(i) Provision of, or assistance in locating, adult-supervised
living arrangement
In the case of an individual who is described in clause
(ii), the State agency referred to in section 602(a)(4) of
this title shall provide, or assist the individual in
locating, a second chance home, maternity home, or other
appropriate adult-supervised supportive living arrangement,
taking into consideration the needs and concerns of the
individual, unless the State agency determines that the
individual's current living arrangement is appropriate, and
thereafter shall require that the individual and the minor
child referred to in subparagraph (A)(ii)(II) reside in such
living arrangement as a condition of the continued receipt of
assistance under the State program funded under this part
attributable to funds provided by the Federal Government (or
in an alternative appropriate arrangement, should
circumstances change and the current arrangement cease to be
appropriate).
(ii) Individual described
For purposes of clause (i), an individual is described in
this clause if the individual is described in subparagraph
(A)(ii), and -
(I) the individual has no parent, legal guardian, or
other appropriate adult relative described in subclause
(II) of his or her own who is living or whose whereabouts
are known;
(II) no living parent, legal guardian, or other
appropriate adult relative, who would otherwise meet
applicable State criteria to act as the individual's legal
guardian, of such individual allows the individual to live
in the home of such parent, guardian, or relative;
(III) the State agency determines that -
(aa) the individual or the minor child referred to in
subparagraph (A)(ii)(II) is being or has been subjected
to serious physical or emotional harm, sexual abuse, or
exploitation in the residence of the individual's own
parent or legal guardian; or
(bb) substantial evidence exists of an act or failure
to act that presents an imminent or serious harm if the
individual and the minor child lived in the same
residence with the individual's own parent or legal
guardian; or
(IV) the State agency otherwise determines that it is in
the best interest of the minor child to waive the
requirement of subparagraph (A) with respect to the
individual or the minor child.
(iii) Second-chance home
For purposes of this subparagraph, the term "second-chance
home" means an entity that provides individuals described in
clause (ii) with a supportive and supervised living
arrangement in which such individuals are required to learn
parenting skills, including child development, family
budgeting, health and nutrition, and other skills to promote
their long-term economic independence and the well-being of
their children.
(6) No medical services
(A) In general
A State to which a grant is made under section 603 of this
title shall not use any part of the grant to provide medical
services.
(B) Exception for prepregnancy family planning services
As used in subparagraph (A), the term "medical services" does
not include prepregnancy family planning services.
(7) No assistance for more than 5 years
(A) In general
A State to which a grant is made under section 603 of this
title shall not use any part of the grant to provide assistance
to a family that includes an adult who has received assistance
under any State program funded under this part attributable to
funds provided by the Federal Government, for 60 months
(whether or not consecutive) after the date the State program
funded under this part commences, subject to this paragraph.
(B) Minor child exception
In determining the number of months for which an individual
who is a parent or pregnant has received assistance under the
State program funded under this part, the State shall disregard
any month for which such assistance was provided with respect
to the individual and during which the individual was -
(i) a minor child; and
(ii) not the head of a household or married to the head of
a household.
(C) Hardship exception
(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.
(D) Disregard of months of assistance received by adult while
living in Indian country or an Alaskan Native village with 50
percent unemployment
(i) In general
In determining the number of months for which an adult has
received assistance under a State or tribal program funded
under this part, the State or tribe shall disregard any month
during which the adult lived in Indian country or an Alaskan
Native village if the most reliable data available with
respect to the month (or a period including the month)
indicate that at least 50 percent of the adults living in
Indian country or in the village were not employed.
(ii) "Indian country" defined
As used in clause (i), the term "Indian country" has the
meaning given such term in section 1151 of title 18.
(E) Rule of interpretation
Subparagraph (A) shall not be interpreted to require any
State to provide assistance to any individual for any period of
time under the State program funded under this part.
(F) Rule of interpretation
This part shall not be interpreted to prohibit any State from
expending State funds not originating with the Federal
Government on benefits for children or families that have
become ineligible for assistance under the State program funded
under this part by reason of subparagraph (A).
(G) Inapplicability to welfare-to-work grants and assistance
For purposes of subparagraph (A) of this paragraph, a grant
made under section 603(a)(5) of this title shall not be
considered a grant made under section 603 of this title, and
noncash assistance from funds provided under section 603(a)(5)
of this title shall not be considered assistance.
(8) Denial of assistance for 10 years to a person found to have
fraudulently misrepresented residence in order to obtain
assistance in 2 or more States
A State to which a grant is made under section 603 of this
title shall not use any part of the grant to provide cash
assistance to an individual during the 10-year period that begins
on the date the individual is convicted in Federal or State court
of having made a fraudulent statement or representation with
respect to the place of residence of the individual in order to
receive assistance simultaneously from 2 or more States under
programs that are funded under this subchapter, subchapter XIX of
this chapter, or the Food Stamp Act of 1977 [7 U.S.C. 2011 et
seq.], or benefits in 2 or more States under the supplemental
security income program under subchapter XVI of this chapter. The
preceding sentence shall not apply with respect to a conviction
of an individual, for any month beginning after the President of
the United States grants a pardon with respect to the conduct
which was the subject of the conviction.
(9) Denial of assistance for fugitive felons and probation and
parole violators
(A) In general
A State to which a grant is made under section 603 of this
title shall not use any part of the grant to provide assistance
to any individual who is -
(i) fleeing to avoid prosecution, or custody or confinement
after conviction, under the laws of the place from which the
individual flees, for a crime, or an attempt to commit a
crime, which is a felony under the laws of the place from
which the individual flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State; or
(ii) violating a condition of probation or parole imposed
under Federal or State law.
The preceding sentence shall not apply with respect to conduct
of an individual, for any month beginning after the President
of the United States grants a pardon with respect to the
conduct.
(B) Exchange of information with law enforcement agencies
If a State to which a grant is made under section 603 of this
title establishes safeguards against the use or disclosure of
information about applicants or recipients of assistance under
the State program funded under this part, the safeguards shall
not prevent the State agency administering the program from
furnishing a Federal, State, or local law enforcement officer,
upon the request of the officer, with the current address of
any recipient if the officer furnishes the agency with the name
of the recipient and notifies the agency that -
(i) the recipient -
(I) is described in subparagraph (A); or
(II) has information that is necessary for the officer to
conduct the official duties of the officer; and
(ii) the location or apprehension of the recipient is
within such official duties.
(10) Denial of assistance for minor children who are absent from
the home for a significant period
(A) In general
A State to which a grant is made under section 603 of this
title shall not use any part of the grant to provide assistance
for a minor child who has been, or is expected by a parent (or
other caretaker relative) of the child to be, absent from the
home for a period of 45 consecutive days or, at the option of
the State, such period of not less than 30 and not more than
180 consecutive days as the State may provide for in the State
plan submitted pursuant to section 602 of this title.
(B) State authority to establish good cause exceptions
The State may establish such good cause exceptions to
subparagraph (A) as the State considers appropriate if such
exceptions are provided for in the State plan submitted
pursuant to section 602 of this title.
(C) Denial of assistance for relative who fails to notify State
agency of absence of child
A State to which a grant is made under section 603 of this
title shall not use any part of the grant to provide assistance
for an individual who is a parent (or other caretaker relative)
of a minor child and who fails to notify the agency
administering the State program funded under this part of the
absence of the minor child from the home for the period
specified in or provided for pursuant to subparagraph (A), by
the end of the 5-day period that begins with the date that it
becomes clear to the parent (or relative) that the minor child
will be absent for such period so specified or provided for.
(11) Medical assistance required to be provided for certain
families having earnings from employment or child support
(A) Earnings from employment
A State to which a grant is made under section 603 of this
title and which has a State plan approved under subchapter XIX
of this chapter shall provide that in the case of a family that
is treated (under section 1396u-1(b)(1)(A) of this title for
purposes of subchapter XIX of this chapter) as receiving aid
under a State plan approved under this part (as in effect on
July 16, 1996), that would become ineligible for such aid
because of hours of or income from employment of the caretaker
relative (as defined under this part as in effect on such date)
or because of section 602(a)(8)(B)(ii)(II) of this title (as so
in effect), and that was so treated as receiving such aid in at
least 3 of the 6 months immediately preceding the month in
which such ineligibility begins, the family shall remain
eligible for medical assistance under the State's plan approved
under subchapter XIX of this chapter for an extended period or
periods as provided in section 1396r-6 or 1396a(e)(1) of this
title (as applicable), and that the family will be
appropriately notified of such extension as required by section
1396r-6(a)(2) of this title.
(B) Child support
A State to which a grant is made under section 603 of this
title and which has a State plan approved under subchapter XIX
of this chapter shall provide that in the case of a family that
is treated (under section 1396u-1(b)(1)(A) of this title for
purposes of subchapter XIX of this chapter) as receiving aid
under a State plan approved under this part (as in effect on
July 16, 1996), that would become ineligible for such aid as a
result (wholly or partly) of the collection of child or spousal
support under part D of this subchapter and that was so treated
as receiving such aid in at least 3 of the 6 months immediately
preceding the month in which such ineligibility begins, the
family shall remain eligible for medical assistance under the
State's plan approved under subchapter XIX of this chapter for
an extended period or periods as provided in section 1396u-
1(c)(1) of this title.
(b) Individual responsibility plans
(1) Assessment
The State agency responsible for administering the State
program funded under this part shall make an initial assessment
of the skills, prior work experience, and employability of each
recipient of assistance under the program who -
(A) has attained 18 years of age; or
(B) has not completed high school or obtained a certificate
of high school equivalency, and is not attending secondary
school.
(2) Contents of plans
(A) In general
On the basis of the assessment made under subsection (a) of
this section with respect to an individual, the State agency,
in consultation with the individual, may develop an individual
responsibility plan for the individual, which -
(i) sets forth an employment goal for the individual and a
plan for moving the individual immediately into private
sector employment;
(ii) sets forth the obligations of the individual, which
may include a requirement that the individual attend school,
maintain certain grades and attendance, keep school age
children of the individual in school, immunize children,
attend parenting and money management classes, or do other
things that will help the individual become and remain
employed in the private sector;
(iii) to the greatest extent possible is designed to move
the individual into whatever private sector employment the
individual is capable of handling as quickly as possible, and
to increase the responsibility and amount of work the
individual is to handle over time;
(iv) describes the services the State will provide the
individual so that the individual will be able to obtain and
keep employment in the private sector, and describe the job
counseling and other services that will be provided by the
State; and
(v) may require the individual to undergo appropriate
substance abuse treatment.
(B) Timing
The State agency may comply with paragraph (1) with respect
to an individual -
(i) within 90 days (or, at the option of the State, 180
days) after the effective date of this part, in the case of
an individual who, as of such effective date, is a recipient
of aid under the State plan approved under part A of this
subchapter (as in effect immediately before such effective
date); or
(ii) within 30 days (or, at the option of the State, 90
days) after the individual is determined to be eligible for
such assistance, in the case of any other individual.
(3) Penalty for noncompliance by individual
In addition to any other penalties required under the State
program funded under this part, the State may reduce, by such
amount as the State considers appropriate, the amount of
assistance otherwise payable under the State program to a family
that includes an individual who fails without good cause to
comply with an individual responsibility plan signed by the
individual.
(4) State discretion
The exercise of the authority of this subsection shall be
within the sole discretion of the State.
(c) Sanctions against recipients not considered wage reductions
A penalty imposed by a State against the family of an individual
by reason of the failure of the individual to comply with a
requirement under the State program funded under this part shall
not be construed to be a reduction in any wage paid to the
individual.
(d) Nondiscrimination provisions
The following provisions of law shall apply to any program or
activity which receives funds provided under this part:
(1) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.).
(2) Section 794 of title 29.
(3) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.).
(e) Special rules relating to treatment of certain aliens
For special rules relating to the treatment of certain aliens,
see title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996.
(f) Special rules relating to treatment of non-213A aliens
The following rules shall apply if a State elects to take the
income or resources of any sponsor of a non-213A alien into account
in determining whether the alien is eligible for assistance under
the State program funded under this part, or in determining the
amount or types of such assistance to be provided to the alien:
(1) Deeming of sponsor's income and resources
For a period of 3 years after a non-213A alien enters the
United States:
(A) Income deeming rule
The income of any sponsor of the alien and of any spouse of
the sponsor is deemed to be income of the alien, to the extent
that the total amount of the income exceeds the sum of -
(i) the lesser of -
(I) 20 percent of the total of any amounts received by
the sponsor or any such spouse in the month as wages or
salary or as net earnings from self-employment, plus the
full amount of any costs incurred by the sponsor and any
such spouse in producing self-employment income in such
month; or
(II) $175;
(ii) the cash needs standard established by the State for
purposes of determining eligibility for assistance under the
State program funded under this part for a family of the same
size and composition as the sponsor and any other individuals
living in the same household as the sponsor who are claimed
by the sponsor as dependents for purposes of determining the
sponsor's Federal personal income tax liability but whose
needs are not taken into account in determining whether the
sponsor's family has met the cash needs standard;
(iii) any amounts paid by the sponsor or any such spouse to
individuals not living in the household who are claimed by
the sponsor as dependents for purposes of determining the
sponsor's Federal personal income tax liability; and
(iv) any payments of alimony or child support with respect
to individuals not living in the household.
(B) Resource deeming rule
The resources of a sponsor of the alien and of any spouse of
the sponsor are deemed to be resources of the alien to the
extent that the aggregate value of the resources exceeds
$1,500.
(C) Sponsors of multiple non-213A aliens
If a person is a sponsor of 2 or more non-213A aliens who are
living in the same home, the income and resources of the
sponsor and any spouse of the sponsor that would be deemed
income and resources of any such alien under subparagraph (A)
shall be divided into a number of equal shares equal to the
number of such aliens, and the State shall deem the income and
resources of each such alien to include 1 such share.
(2) Ineligibility of non-213A aliens sponsored by agencies;
exception
A non-213A alien whose sponsor is or was a public or private
agency shall be ineligible for assistance under a State program
funded under this part, during a period of 3 years after the
alien enters the United States, unless the State agency
administering the program determines that the sponsor either no
longer exists or has become unable to meet the alien's needs.
(3) Information provisions
(A) Duties of non-213A aliens
A non-213A alien, as a condition of eligibility for
assistance under a State program funded under this part during
the period of 3 years after the alien enters the United States,
shall be required to provide to the State agency administering
the program -
(i) such information and documentation with respect to the
alien's sponsor as may be necessary in order for the State
agency to make any determination required under this
subsection, and to obtain any cooperation from the sponsor
necessary for any such determination; and
(ii) such information and documentation as the State agency
may request and which the alien or the alien's sponsor
provided in support of the alien's immigration application.
(B) Duties of Federal agencies
The Secretary shall enter into agreements with the Secretary
of State and the Attorney General under which any information
available to them and required in order to make any
determination under this subsection will be provided by them to
the Secretary (who may, in turn, make the information
available, upon request, to a concerned State agency).
(4) "Non-213A alien" defined
An alien is a non-213A alien for purposes of this subsection if
the affidavit of support or similar agreement with respect to the
alien that was executed by the sponsor of the alien's entry into
the United States was executed other than pursuant to section
213A of the Immigration and Nationality Act [8 U.S.C. 1183a].
(5) Inapplicability to alien minor sponsored by a parent
This subsection shall not apply to an alien who is a minor
child if the sponsor of the alien or any spouse of the sponsor is
a parent of the alien.
(6) Inapplicability to certain categories of aliens
This subsection shall not apply to an alien who is -
(A) admitted to the United States as a refugee under section
207 of the Immigration and Nationality Act [8 U.S.C. 1157];
(B) paroled into the United States under section 212(d)(5) of
such Act [8 U.S.C. 1182(d)(5)] for a period of at least 1 year;
or
(C) granted political asylum by the Attorney General under
section 208 of such Act [8 U.S.C. 1158].
(g) State required to provide certain information
Each State to which a grant is made under section 603 of this
title shall, at least 4 times annually and upon request of the
Immigration and Naturalization Service, furnish the Immigration and
Naturalization Service with the name and address of, and other
identifying information on, any individual who the State knows is
not lawfully present in the United States.