Maryland Department of Human Resources Section 50

      (a)      The provisions of this section are not intended to create incentives for individuals to seek temporary cash assistance benefits instead of employment.

      (b)      A local department shall provide temporary cash assistance only if:

            (1)      The recipient meets the conditions for participation in the FIP set forth in § 48 of this subtitle;

            (2)      The applicant or recipient assigns to the State all right, title, and interest in support from any other person that the applicant or recipient has on behalf of any intended or potential recipient for whom the applicant or recipient is applying for or receiving assistance, including any right accrued when the assignment is executed;

            (3)      In the case of an applicant or recipient who is a minor parent, the minor parent lives:

                  (i)      With a parent, legal guardian, custodian, or other adult relative who will be the payee of the minor parent;

                  (ii)      In an adult-supervised group living arrangement that shall provide a protective payee, if there is no available parent, legal guardian, custodian, or other adult relative with whom the minor parent can live or the minor parent or child would be subject to physical or emotional harm, sexual abuse, or neglect in the home of any available adult relative or a social service worker otherwise finds that living with any available adult relative would not be in the minor parent's or child's best interest; or

                  (iii)      Independently, if a social service worker confirms that the minor parent or child's physical safety or emotional health would otherwise be in jeopardy; and

            (4)      In the case of an applicant or recipient who is an immigrant, for a period of 3 years from the date of the immigrant's entry into the United States, unless a different period of time is set by the federal government, the applicant or recipient is a legal immigrant, whose income and resources shall be deemed to include the income and resources of any sponsor who executed an affidavit of support pursuant to § 213A of the Immigration and Naturalization Act in behalf of the legal immigrant.

      (c)      All recipients meeting the requirements of the FIP shall be entitled to cash assistance benefits.

      (d)      The Secretary may not include in regulations adopted under this subtitle a provision that would count as unearned income to a family in calculating the family's eligibility for the FIP Supplemental Security Income (SSI) benefits provided to an adult or child who resides in the family.

      (e)      (1)      This subsection does not apply to a birth resulting from rape or incest.

            (2)      Except as provided in paragraph (3) of this subsection, temporary cash assistance may not include the increment in cash benefits under the program for which a recipient would otherwise be eligible as a result of the birth of a child 10 or more months after the recipient's initial application for temporary cash assistance benefits.

            (3)      Cash payments for a child may not be made to a family other than the child's family unless the Social Services Administration has placed the child with the other family.

            (4)      The Department shall provide for a recipient ineligible for an increment in cash benefits under this subsection a child-specific benefit not to exceed the value of the increment eliminated by this subsection for the purchase of goods specified by the Department as suitable for the care of a minor.

            (5)      A local department may pay an administrative fee to a third party payee to cover the administrative costs of the third party payee for managing the child-specific benefit.

            (6)      The Secretary shall adopt regulations specifying the selection criteria for third party payees under this subsection.

      (f)      (1)      The Secretary shall establish by regulation a schedule of reductions and terminations of temporary cash assistance for noncompliance with FIP requirements.

            (2)      Once an individual is found to be not in compliance with FIP requirements, the caseworker shall investigate the reasons for noncompliance.

            (3)      The investigation, to the extent resources permit, shall include, but not be limited to, personal contact with the family unit.

            (4)      The Secretary may reduce or terminate temporary cash assistance to a family no earlier than 30 days subsequent to the first written notice sent of noncompliance.

            (5)      For noncompliance with any FIP requirement other than a work activity, temporary cash assistance shall be resumed upon compliance with the FIP requirement.

            (6)      For noncompliance with a work activity, temporary cash assistance shall be resumed in the following manner:

                  (i)      For the first instance of noncompliance, temporary cash assistance shall be resumed immediately upon compliance;

                  (ii)      For the second instance of noncompliance, temporary cash assistance shall be resumed after 10 days of compliance with the work activity; or

                  (iii)      For the third and any subsequent instance of noncompliance, temporary cash assistance shall be resumed after 30 days of compliance with a work activity.

            (7)      If temporary cash assistance is reduced or terminated under this subsection, the recipient shall retain eligibility for medical assistance and food stamps, as long as the recipient meets the medical assistance and food stamp program requirements.

      (g)      (1)      After termination of temporary cash assistance under this section, the recipient may receive transitional assistance.

            (2)      If the caseworker determines that the local department shall provide transitional assistance, the FIP benefit that would have been paid to the recipient shall be paid instead to a third party payee on behalf of the recipient for a period of up to 3 months.

            (3)      A recipient who has received transitional assistance may apply for the FIP benefit and the benefit shall be furnished with reasonable promptness to all eligible individuals.

            (4)      The third party payee shall provide transitional assistance to the recipient in one or more of the following forms:

                  (i)      Counseling;

                  (ii)      Housing;

                  (iii)      Child care;

                  (iv)      Household supplies and equipment;

                  (v)      Direct assistance other than a cash payment; and

                  (vi)      Any other noncash assistance that may be necessary to assist the recipient to make the transition from welfare.

            (5)      Subject to the approval of the Secretary, the caseworker, in conjunction with the recipient, shall select the third party payee described under paragraph (2) of this subsection.

            (6)      A local department may pay an administrative fee to a third party payee to cover the administrative costs of the third party payee for providing the services described in paragraph (4) of this subsection.

            (7)      No portion of the funds provided through transitional assistance may be used for the furtherance of sectarian religious instruction.

            (8)      The Secretary shall adopt regulations specifying the selection criteria for third party payees under this subsection.

      (h)      Except as limited by federal requirements, temporary cash assistance shall be determined with due regard to the available resources and necessary expenditures of the family and the conditions existing in each case and shall be sufficient, when added to all other income and support available to the child, to provide the child with a reasonable subsistence compatible with decency and health.