Maryland Department of Human Resources Section 49

Article - Department of Human Resources

§ 49.

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      (a)      Except for an applicant or recipient who is a single child, the FIP shall include:

            (1)      An assessment of all applicants or recipients that shall consider:

                  (i)      The reasons for applying for or continued reliance on assistance;

                  (ii)      The educational level, job skills and readiness, and interests to evaluate appropriate work activities; and

                  (iii)      Personal and family resources available to facilitate independence;

            (2)      For an applicant or recipient, welfare avoidance grants that:

                  (i)      Meet immediate needs so that an applicant or recipient can avoid welfare assistance;

                  (ii)      May be granted as deemed appropriate by the Department;

                  (iii)      May not cover the same type of immediate need met by any previous welfare avoidance grant unless the Department has determined that the current immediate need represents a new and verified emergency;

                  (iv)      Subject to item (v) of this paragraph, do not exceed an amount of 3 months of temporary cash assistance;

                  (v)      May be in an amount that exceeds 3 months, but no more than 12 months, of temporary cash assistance if the Department determines there is a compelling need for such an amount; and

                  (vi)      May not duplicate periods of temporary cash assistance;

            (3)      For a recipient, an agreement between the Department and the recipient that:

                  (i)      Requires the recipient to cooperate with the child support enforcement agency to obtain support from an absent parent;

                  (ii)      Requires the recipient to comply with reasonable requests for cooperation by case management workers in seeking and using programs and community and family resources that may be available to the recipient;

                  (iii)      Specifies the work activities in which the recipient will participate; and

                  (iv)      Specifies the supportive services that the local department will assist in providing and that are necessary for the recipient to meet the recipient's obligations under the program;

            (4)      For a recipient:

                  (i)      Supportive services activities, including child care, to the extent resources permit;

                  (ii)      Referral, as appropriate, to family planning counseling and services which:

                        1.      May not be offered or conducted in a manner that:

                        A.      Is coercive; or

                        B.      Will violate the recipient's bona fide religious beliefs and practices or confidentiality; and

                        2.      Shall give preference to eligible teen parents; and

                  (iii)      As a last resort, temporary cash assistance; and

            (5)      For an applicant, a child care voucher:

                  (i)      If the applicant is required to participate in a work or job search activity, to the extent resources permit, as a condition of eligibility; or

                  (ii)      If the provision of child care will eliminate the need for the applicant to receive any cash assistance under this program.

      (b)      For an applicant or recipient who is a single child, the FIP shall include:

            (1)      Referral of the applicant or recipient to appropriate services; and

            (2)      As a last resort, temporary cash assistance for the recipient.

      (c)      To the extent resources permit, noncustodial parents in need of employment services in order to pay child support obligations shall be served in the FIP.

      (d)      (1)      For applicants to the Family Investment Program, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 20% of that earned income.

            (2)      For eligible Family Investment Program recipients who obtain unsubsidized employment, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 40% of that earned income.

      (e)      The Secretary shall revise the schedule of FIP assistance to prevent a recipient who has established eligibility from losing eligibility solely because one or more wage earners in the family unit works more than 100 hours per month.

      (f)      The Secretary shall revise the rules of eligibility to exempt two-parent families from a requirement that the principal wage earner must have worked for a specified time prior to applying for the FIP.

      (g)      (1)      The Secretary shall revise the rules of eligibility to permit a child who is living with the child's natural parent and a stepparent in a household in which the household income exceeds the State eligibility standard for assistance to be eligible to receive assistance if:

                  (i)      The requirements of § 48 of this subtitle are met; and

                  (ii)      Based upon the income of the natural parent and that parent's children, the natural parent and the child would be eligible for assistance.

            (2)      The amount of assistance to be paid under paragraph (1) of this subsection shall be computed with regard to the income of the stepparent if the total income of the stepparent equals or exceeds 50% of the official poverty level, adjusted for family size, established under the federal Community Services Block Grant Act.

      (h)      The Secretary shall revise the schedule of FIP assistance to permit a dependent child over the age of 17 years, who is a full-time student in secondary school or the equivalent, to be eligible for inclusion in the FIP grant if the education program is expected to be completed in the calendar year the child turns 19 years of age.

** SPECIAL NOTE: CONTINGENCY - CHAPTER 229 - 2002 **

      (a)      Except for an applicant or recipient who is a single child, the FIP shall include:

            (1)      An assessment of all applicants or recipients that shall consider:

                  (i)      The reasons for applying for or continued reliance on assistance;

                  (ii)      The educational level, job skills and readiness, and interests to evaluate appropriate work activities; and

                  (iii)      Personal and family resources available to facilitate independence;

            (2)      For an applicant or recipient, welfare avoidance grants that:

                  (i)      Meet immediate needs so that an applicant or recipient can avoid welfare assistance;

                  (ii)      May be granted as deemed appropriate by the Department;

                  (iii)      May not cover the same type of immediate need met by any previous welfare avoidance grant unless the Department has determined that the current immediate need represents a new and verified emergency;

                  (iv)      Subject to item (v) of this paragraph, do not exceed an amount of 3 months of temporary cash assistance;

                  (v)      May be in an amount that exceeds 3 months, but no more than 12 months, of temporary cash assistance if the Department determines there is a compelling need for such an amount; and

                  (vi)      May not duplicate periods of temporary cash assistance;

            (3)      For a recipient, an agreement between the Department and the recipient that:

                  (i)      Requires the recipient to cooperate with the child support enforcement agency to obtain support from an absent parent;

                  (ii)      Requires the recipient to comply with reasonable requests for cooperation by case management workers in seeking and using programs and community and family resources that may be available to the recipient;

                  (iii)      Specifies the work activities in which the recipient will participate; and

                  (iv)      Specifies the supportive services that the local department will assist in providing and that are necessary for the recipient to meet the recipient's obligations under the program;

            (4)      For a recipient:

                  (i)      Supportive services activities, including child care, to the extent resources permit;

                  (ii)      Referral, as appropriate, to family planning counseling and services which:

                        1.      May not be offered or conducted in a manner that:

                        A.      Is coercive; or

                        B.      Will violate the recipient's bona fide religious beliefs and practices or confidentiality; and

                        2.      Shall give preference to eligible teen parents; and

                  (iii)      As a last resort, temporary cash assistance; and

            (5)      For an applicant, a child care voucher:

                  (i)      If the applicant is required to participate in a work or job search activity, to the extent resources permit, as a condition of eligibility; or

                  (ii)      If the provision of child care will eliminate the need for the applicant to receive any cash assistance under this program.

      (b)      For an applicant or recipient who is a single child, the FIP shall include:

            (1)      Referral of the applicant or recipient to appropriate services; and

            (2)      As a last resort, temporary cash assistance for the recipient.

      (c)      To the extent resources permit, noncustodial parents in need of employment services in order to pay child support obligations shall be served in the FIP.

      (d)      (1)      For applicants to the Family Investment Program, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 20% of that earned income.

            (2)      For eligible Family Investment Program recipients who obtain unsubsidized employment, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 26% of that earned income.

      (e)      The Secretary shall revise the schedule of FIP assistance to prevent a recipient who has established eligibility from losing eligibility solely because one or more wage earners in the family unit works more than 100 hours per month.

      (f)      The Secretary shall revise the rules of eligibility to exempt two-parent families from a requirement that the principal wage earner must have worked for a specified time prior to applying for the FIP.

      (g)      (1)      The Secretary shall revise the rules of eligibility to permit a child who is living with the child's natural parent and a stepparent in a household in which the household income exceeds the State eligibility standard for assistance to be eligible to receive assistance if:

                  (i)      The requirements of § 48 of this subtitle are met; and

                  (ii)      Based upon the income of the natural parent and that parent's children, the natural parent and the child would be eligible for assistance.

            (2)      The amount of assistance to be paid under paragraph (1) of this subsection shall be computed with regard to the income of the stepparent if the total income of the stepparent equals or exceeds 50% of the official poverty level, adjusted for family size, established under the federal Community Services Block Grant Act.

      (h)      The Secretary shall revise the schedule of FIP assistance to permit a dependent child over the age of 17 years, who is a full-time student in secondary school or the equivalent, to be eligible for inclusion in the FIP grant if the education program is expected to be completed in the calendar year the child turns 19 years of age.



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