2006 Code of Virginia § 63.2-602 - Eligibility for Temporary Assistance for Needy Families (TANF); penalty

63.2-602. Eligibility for Temporary Assistance for Needy Families (TANF);penalty.

A. A person shall be eligible for Temporary Assistance for Needy Families ifthat person:

1. Has not attained the age of eighteen years, or, if regularly attending asecondary school or in the equivalent level of career and technicaleducation, has not attained the age of nineteen years and is reasonablyexpected to complete his senior year of school prior to attaining agenineteen;

2. Is a resident of Virginia;

3. Is living with his father, mother, grandfather, grandmother, brother,sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, firstcousin, nephew, or niece in a residence maintained by such relative or is inplacement under conditions specified by the Board;

4. Is in need of public assistance; and

5. If under the age of eighteen years, is in compliance with compulsoryschool attendance laws ( 22.1-254 et seq.) as described in 63.2-606. Priorto imposing a sanction of benefits, the local department shall makereasonable efforts to discuss with the parent or caretaker, by personalcontact that may include direct telephone contact, a plan to return the childto school. If such efforts fail, the local department shall mail a writtenadvance notice of proposed action to the parent or caretaker advising thatbenefits may be reduced if the parent or caretaker fails to contact the localdepartment to develop a plan to return the child to school.

B. An applicant for TANF shall:

1. Furnish, apply for or have an application made on his behalf, and onbehalf of all children for whom assistance is being requested, for a socialsecurity account number to be used in the administration of the program;

2. Assign the Commonwealth any rights to support from any other person suchapplicant may have on his own behalf or on behalf of any other family memberfor whom the applicant is applying for or receiving aid and that have accruedat the time such assignment is executed;

3. Identify the parents of the child for whom aid is claimed, subject to the"good cause" provisions or exceptions in federal law or regulations.However, this requirement shall not apply if the child is in a foster careplacement or if the local department determines, based upon the swornstatement of the applicant or recipient or of another person with knowledgeof the circumstances, that the child was conceived as the result of incest orrape; and

4. Cooperate in (i) locating the parent of the child with respect to whomTANF is claimed, (ii) establishing the paternity of a child born out ofwedlock with respect to whom TANF is claimed, (iii) obtaining supportpayments for such applicant or recipient and for a child with respect to whomTANF is claimed, and (iv) obtaining any other payments or property due suchapplicant or recipient for such child.

Any applicant or recipient who intentionally misidentifies another person asa parent shall be guilty of a Class 5 felony.

C. Unless an exception to the requirement set forth in subdivision B 3applies, the Department's Division of Child Support Enforcement shall proceedto determine parentage pursuant to Chapter 3.1 ( 20-49.1 et seq.) of Title20. If paternity is not established after six months of receipt of TANF, thecase shall be reviewed to determine the reason that paternity has not beenestablished. If paternity has not been established due to the caretakerrelative's noncooperation, the local department may suspend the entire grantor the adult portion of the grant, subject to Board regulations.

D. TANF shall be provided to two-parent families on the same terms andconditions that TANF is provided to single-parent families.

(Code 1950, 63-141; 1954, c. 495; 1966, c. 665; 1968, cc. 578, 667, 668,781, 63.1-105; 1970, c. 721; 1974, c. 418; 1976, c. 215, 63.1-105.1;1982, c. 386; 1993, c. 167; 1994, cc. 188, 934; 1995, c. 450; 1996, c, 848,857; 1999, c. 638; 2001, c. 483; 2002, c. 747.)

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