reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-510. Obligation of person to support certain children living in same home; penalty

A person is responsible for the support and maintenance of any child or children living in the same home in which he and the natural or adoptive parent of such child or children cohabit as spouses and any such person who without cause willfully neglects or refuses or fails to provide for such support and maintenance is guilty of a misdemeanor and upon conviction shall be punished in accordance with the provisions of § 20-61.
A pregnancy or the birth of a child during the time a person occupies the status set out above shall not be required as proof of cohabitation.
The obligations imposed herein shall continue so long as such person occupies the status herein described.
1972, c. 536, § 63.1-90.1; 1974, c. 464; 2002, c. 747; 2020, c. 900.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-512. Recovery of public assistance erroneously paid

Any assistance or part thereof erroneously paid to a recipient or former recipient may be recovered by the Board or local board from the recipient or former recipient as a debt. In accordance with Board regulations, the amount erroneously paid may also be recovered from the income, assets or other property of the recipient or former recipient or from the public assistance payable to the recipient.
1975, c. 320, § 63.1-127.2; 1983, c. 449; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-513. Notification of change in circumstances

If at any time during the continuance of public assistance any change occurs, including but not limited to, the possession of any property or the receipt of regular income by the recipient or by any person who is included within a recipient's grant, that, in the circumstances upon which current eligibility or amount of assistance were determined, would materially affect such determination, it shall be the duty of such recipient to notify as defined by regulation the local department of such change, and the local board may either cancel the public assistance, or alter the amount thereof.
Any recipient who knows or reasonably should know that such change in circumstances will materially affect his eligibility for assistance or the amount thereof and willfully fails to comply with the provisions of this section, is guilty of a violation of § 63.2-522.
Code 1950, §§ 63-124, 63-149.1; 1952, c. 533; 1968, c. 578, § 63.1-112; 1973, c. 482; 1975, c. 320; 1980, c. 19; 1986, c. 93; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-514. Reconsideration or changes in amount of public assistance; cancellation

A. Eligibility for public assistance shall be reconsidered in accordance with federal law or regulations by the local department at least annually or upon receipt of information indicating a change in the recipient's circumstances that may affect the amount of assistance paid to a recipient or the recipient's eligibility for assistance and at such other times as the local board may deem necessary. As part of such reconsideration, the local department shall conduct an investigation to determine whether a recipient is eligible for renewal of public assistance. Such investigation shall include a review of information described in subsection B of § 63.2-503 for each applicant. After such investigation, the amount of public assistance may be changed or public assistance may be entirely withdrawn, if the local department finds that the recipient's circumstances have altered sufficiently to warrant such action.
B. In cases in which information obtained as a result of the investigation required by subsection A is inconsistent with information provided by the applicant, the local department shall notify the applicant in writing and provide opportunity for the applicant to explain the discrepancy. If the applicant fails to respond within 10 days of the date of such notice, the local department shall refuse to renew the applicant's eligibility for public assistance. If the applicant responds within 10 days of such notice, upon receipt of such response, the local department shall conduct such further investigation as may be necessary to verify the applicant's response and resolve the discrepancy between information provided by the applicant and information obtained as a result of the investigation required by subsection A. If the local department determines that the information obtained as a result of the investigation required by subsection A is accurate and that as a result the applicant is ineligible for public assistance, the local director of social services shall so notify the applicant and public assistance shall be denied. In any case in which the local department believes that the applicant has obtained or attempted to obtain public assistance by means of willful false statements or representations, impersonation, or other fraudulent devices, the local director shall initiate a fraud investigation pursuant to § 63.2-526.
C. If the local director does not act within 30 days of the receipt of information affecting the amount of assistance or the eligibility therefor as to any recipient, or if the circumstances require immediate action, the Commissioner may make necessary adjustments in the amount of public assistance or suspend further assistance to any such individual pending action by the local department.
Code 1950, §§ 63-123, 63-149, 63-187, 63-214; 1968, cc. 578, 781, § 63.1-113; 2002, c. 747; 2015, c. 509.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-515. Notice to applicant or recipient of decision

As soon as the local board makes any decision granting, denying, changing or discontinuing any grant of public assistance, it shall give written notice thereof to the applicant or recipient.
Code 1950, §§ 63-121, 63-140.5, 63-147, 63-149, 63-185, 63-187, 63-214; 1962, c. 621; 1968, c. 578, § 63.1-114; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-516. Record of decision

The local board shall preserve for such time as the Commissioner may prescribe, a record of its decision and all supporting documents and records including the findings and recommendations of the local director.
Code 1950, §§ 63-122, 63-140.6, 63-148, 63-186, 63-211; 1962, c. 621; 1968, c. 578, § 63.1-115; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-517. Right of appeal to Commissioner

Any applicant or recipient aggrieved by any decision of a local board in granting, denying, changing or discontinuing public assistance, may, within thirty days after receiving written notice of such decision, appeal therefrom to the Commissioner.
Any applicant or recipient aggrieved by the failure of the local board to make a decision within a reasonable time may ask for a review of the same by the Commissioner.
The Commissioner may delegate the duty and authority to duly qualified hearing officers to consider and make determinations on any appeal or review by an applicant for or recipient of public assistance concerning any decision of a local board. The Commissioner shall establish an appeals review panel to review administrative hearing decisions upon the request of either the applicant or the local board. Such panel shall determine if any changes are needed in the conduct of future hearings, or to policy and procedures related to the issue of the administrative appeal, and periodically report its findings to the Commissioner.
Any applicant or recipient aggrieved by any decision of a local board concerning food stamps may appeal to the Commissioner in accordance with federal law and regulation.
Code 1950, §§ 63-131, 63-140.8, 63-153, 63-195, 63-216; 1962, c. 621; 1968, cc. 578, 781, § 63.1-116; 1970, c. 361; 1972, c. 718; 1975, c. 524; 1997, c. 412; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-518. Action by Commissioner on appeal

The Commissioner shall provide an opportunity for a hearing, reasonable notice of which shall be given in writing to the applicant or recipient and to the proper local board in such manner and form as the Commissioner may prescribe. The Commissioner may make or cause to be made an investigation of the facts. The Commissioner shall give fair and impartial consideration to the testimony of witnesses, or other evidence produced at the hearing, reports of investigations of the local board and local director or of investigations made or caused to be made by the Commissioner, or any facts which the Commissioner may deem proper to enable him to decide fairly the appeal or review.
Code 1950, §§ 63-132, 63-140.9, 63-154, 63-196; 1962, c. 621; 1968, cc. 578, 781, § 63.1-117; 1972, c. 718; 1975, c. 524; 1997, c. 412; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-519. Finality of decision of Commissioner

The decision of the Commissioner shall be binding and considered a final agency action for purposes of judicial review of such action pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
Code 1950, §§ 63-134, 63-140.11, 63-156, 63-198; 1962, c. 621; 1968, c. 578, § 63.1-119; 1989, cc. 677, 734; 1997, c. 412; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-520. How public assistance paid

Public assistance shall be paid to or on behalf of the applicant monthly, or at such other time or times as the regulations of the Board may provide, by the treasurer, the district fiscal officer, or other disbursing officer of the county or city, upon order of the local board or local director, from funds appropriated or made available for such purpose by the local governing body of such county or city. Wherever two or more counties or cities have been combined to form a district pursuant to § 63.2-306, such public assistance payments shall be made by the district fiscal officer.
In the event, however, that the Board adopts regulations to provide for state issuance of public assistance payments, such public assistance shall be paid by the State Treasurer. In emergency situations or in the event of delay or error in a state issuance of public assistance payments, emergency payments may be issued by local boards as authorized by Board regulations.
Code 1950, §§ 63-126, 63-140.7, 63-150, 63-190, 63-213; 1956, c. 578; 1962, c. 621; 1968, c. 578, § 63.1-120; 1970, c. 721; 1972, c. 718; 1973, c. 201; 1974, cc. 488, 503; 1975, c. 337; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-521. Change of residence

Any recipient of Temporary Assistance for Needy Families or medical assistance who moves from one county or city in this Commonwealth to another county or city therein, shall thereafter be treated as if the grant of Temporary Assistance for Needy Families or medical assistance had been made by the county or city into which he moves, and the local board of the county or city from which he moves shall transfer all necessary records relating to the recipient to the local board of the county or city into which such recipient moves.
Code 1950, §§ 63-130, 63-152, 63-194; 1952, c. 449; 1968, c. 578, § 63.1-121; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-522. False statements, representations, impersonations and fraudulent devices; penalty

Whoever obtains, or attempts to obtain, or aids or abets any person in obtaining, by means of a willful false statement or representation, or by impersonation, or other fraudulent device, public assistance or benefits from other programs designated under regulations of the Board, State Board of Health or the Board of Medical Assistance Services to which he is not entitled or who fails to comply with the provisions of § 63.2-513 is guilty of larceny. It shall be the duty of the local director, the Commissioner of Health or the Director of the Department of Medical Assistance Services to investigate alleged violations and enforce the provisions of this section. A warrant or summons may be issued for each violation of which the local director, the Commissioner of Health or the Director of the Department of Medical Assistance Services has knowledge. The local director, the Commissioner or the Director shall ensure that the attorney for the Commonwealth is notified of any investigation or alleged violation under this section. Trial for violations of this section shall be in the county or city from whose local department assistance was sought or obtained.
In any prosecution under the provisions of this section, it shall be lawful and sufficient in the same indictment or accusation to charge and therein to proceed against the accused for any number of distinct acts of such false statements, representations, impersonations or fraudulent devices that may have been committed by him within six months from the first to the last of the acts charged in the indictment or accusation.
Code 1950, §§ 63-137, 63-140.14, 63-159, 63-201, 63-217; 1952, c. 533; 1962, c. 621; 1968, c. 578, § 63.1-124; 1972, c. 659; 1975, c. 207; 1978, cc. 535, 672; 1982, c. 282; 1984, c. 578; 1986, cc. 93, 551; 1995, c. 294; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-523. Unauthorized use of food stamps, electronic benefit transfer cards, and energy assistance prohibited; penalties

Whoever knowingly and with intent to defraud transfers, acquires, alters, traffics in or uses, or aids or abets another person in transferring, acquiring, altering, trafficking in, using, or possessing food stamps, electronic benefit transfer cards or other devices subject to Consumer Financial Protection Bureau regulations regarding Electronic Fund Transfers, 12 C.F.R. § 1005.1 et seq., or benefits from energy assistance programs, or possesses food coupons, authorization to purchase cards, electronic benefit transfer cards or other devices subject to Consumer Financial Protection Bureau regulations regarding Electronic Fund Transfers, 12 C.F.R. § 1005.1 et seq., or benefits from energy assistance programs in any manner not authorized by law is guilty of larceny.
A violation of this section may be prosecuted either in the county or city where the public assistance was granted or in the county or city where the violation occurred.
1975, c. 388, § 63.1-124.1; 1978, c. 731; 1984, c. 535; 1994, c. 249; 2002, c. 747; 2016, c. 501.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-524. Denial of benefits upon finding of fraudulent acts

Any individual applying for or receiving benefits under the federal Food Stamp program or the Temporary Assistance for Needy Families program may be denied such benefits in accordance with federal law if such person is found by a court or pursuant to an administrative hearing to have intentionally (i) made a false or misleading statement or misrepresented, concealed or withheld facts, or (ii) committed any act intended to mislead, misrepresent, conceal or withhold facts or propound a falsity, for the purpose of establishing or maintaining eligibility for such benefits.
The Board is authorized to adopt regulations governing conduct of administrative hearings and denial of benefits authorized by this section.
1989, c. 373, § 63.1-124.2; 1992, c. 189; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-525. Payment by Department for legal services

Notwithstanding any provision of §§ 2.2-2814, 2.2-2815, 2.2-2816, 2.2-2823, 2.2-2824, 2.2-2825 or § 2.2-2826 to the contrary, whenever there shall be authorized by law an assistant attorney for the Commonwealth and such assistant's duties consist of the prosecution of public assistance fraud cases pursuant to §§ 18.2-95, 18.2-96, 63.2-502, 63.2-513, 63.2-522, 63.2-523 or § 63.2-524, the Department may, with the consent of the attorney for the Commonwealth of the jurisdiction, contract with the county or city or combination thereof for whom such assistant attorney for the Commonwealth is authorized regarding the duties of such assistant and regarding the payment by the Department of the entire salary, expenses, including secretarial services, and allowances of such assistant, as shall be approved by the Compensation Board, for the entire time devoted to these duties. Any such contract may provide that the county, city, or combination thereof shall pay the entire amount of such salary, expenses, and allowances and that the Department shall reimburse such county or city therefor. The amount of such salary, expenses, and allowances shall be set by the Compensation Board as provided by law.
1991, c. 5, § 63.1-124.3; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 5 - General Provisions › § 63.2-527. Notice of earned income tax credit

The Department shall provide notice regarding the availability of the federal earned income tax credit authorized in § 32 of the Internal Revenue Code and the state earned income tax credit authorized in subdivision B 2 of § 58.1-339.8 to all recipients of Temporary Assistance for Needy Families pursuant to Chapter 6 (§ 63.2-600 et seq.), SNAP benefits pursuant to § 63.2-801, or medical assistance pursuant to § 32.1-325 who had earned income in the prior tax year based on information available through the Virginia Employment Commission and, according to information made available by the Virginia Department of Taxation, either did not file federal or state income taxes or filed taxes and did not claim the federal or state earned income tax credit. Notice shall be distributed to recipients annually and shall include information on the qualifying income levels, the amount of credit available, the process for applying for the credit, and the availability of assistance in applying for the credit.
2008, c. 86; 2016, c. 29.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-600. Temporary Assistance for Needy Families (TANF); purpose; administration

A. There is hereby created the Temporary Assistance for Needy Families Program, hereinafter referred to as TANF or the "Program." The Program shall be administered by the Department in compliance with Titles IV-A and IV-F of the Social Security Act and related federal regulations (excluding 45 C.F.R. Parts 255 and 256), as such laws and regulations were in effect at the time of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193 on August 22, 1996, to the extent that such laws and regulations do not conflict with (i) those sections of P.L. 104-193 which are mandatory; (ii) waivers granted by the Department of Health and Human Services to Virginia in effect as of January 1, 1997; (iii) state laws and regulations; (iv) the State Plan For Title IV-A of the Social Security Act: Financial Assistance Aid to Families with Dependent Children in effect as of September 30, 1996; or (v) the Title IV-F of the Social Security Act Job Opportunities and Basic Skills Training Program State Plan in effect as of September 30, 1996. Further, in any instance where a state law or regulation enacted pursuant to a waiver conflicts with the terms of P.L. 104-193 or the Title IV-A or IV-F State Plans, such state law or regulation shall control.
B. The General Assembly declares that it is the policy of the Commonwealth to support the efforts of public agencies and charitable and community groups seeking to assist low-income Virginians in their efforts to become self-sufficient. To this end, the Department is designated as the state agency responsible for coordinating state efforts in this regard.
1997, cc. 575, 621, § 63.1-86.1; 2002, c. 747; 2011, cc. 4, 857.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-601. Virginia Temporary Assistance for Needy Families Program; goals

The goals of the Temporary Assistance for Needy Families Program are to:
1. Offer Virginians living in poverty the opportunity to achieve economic independence by removing barriers and disincentives to work and providing positive incentives to work;
2. Provide families living in poverty with the opportunities and work skills necessary for self-sufficiency;
3. Allow families living in poverty to contribute materially to their own self-sufficiency;
4. Set out the responsibilities of and expectations for recipients of public assistance and the government; and
5. Provide families living in poverty with the opportunity to obtain work experience through the Virginia Initiative for Education and Work (VIEW).
None of the provisions of this chapter shall be construed or interpreted to create any rights, causes of action, administrative claims or exemptions to the provisions of the Program, except as specifically provided in §§ 63.2-609, 63.2-613, and 63.2-618.
The Department of Small Business and Supplier Diversity and the Virginia Employment Commission shall assist the Department in the administration of the Program.
1994, cc. 858, 951, § 63.1-133.41; 1995, c. 450; 1996, cc. 589, 599; 2002, c. 747; 2013, c. 482; 2019, c. 210.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-601.1. Temporary Assistance for Needy Families Fund established

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Temporary Assistance for Needy Families Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All donations and contributions to the Fund and such moneys as shall be appropriated by the General Assembly shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set forth in this section. Moneys in the Fund shall be used to:
1. Supplement the assistance provided through the Department's administration of the Temporary Assistance for Needy Families block grant; and
2. Assist the Commonwealth in maximizing the amount of funds available to serve the stated purposes of the TANF program by leveraging individual, corporate, and charitable donations.
B. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner. Up to 10 percent of the Fund may be used to pay the Department's expenses in administering the Temporary Assistance for Needy Families Program.
C. The Department shall administer the Fund in accordance with the provisions of this section.
2011, cc. 4, 857.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-601.2. Statewide Temporary Assistance for Needy Families (TANF) Program Funding Pool Program

A. The Department shall develop a Statewide TANF Program Funding Pool Program (the Funding Pool Program) and shall allocate to the Funding Pool Program that portion of the TANF block grant to be awarded to service providers for expanded TANF programs, which shall include all funds not transferred to the Social Services Block Grant or used for cash assistance, employment services, or child-care benefits through the TANF program, up to an amount equal to 12 percent of the total amount of the TANF block grant for that year.
B. Prior to submission of its proposed biennial budget to the Governor, the Department shall issue a Request for Proposals for use of available funds from the Funding Pool Program to service providers providing expanded TANF programs through a competitive process that is designed in a manner that ensures that all service providers in the Commonwealth, regardless of size or geographic location, are afforded the opportunity to apply for funds. All programs and services funded through the Funding Pool Program shall comply with all federal and state statutory and regulatory requirements and shall serve the stated purposes of the TANF program.
C. In developing the Request for Proposals, the Department shall include:
1. A long-range planning and priority-setting process to identify state and local service needs and avoid overlap or duplication of services. The planning and priority-setting process shall include opportunity for citizen participation and consideration of local and statewide service needs and priorities;
2. A competitive process, to include uniform eligibility criteria for service providers seeking funding and uniform application and selection procedures for comparable service categories;
3. Uniform oversight, administrative, and reporting requirements for service providers receiving funding through the Funding Pool Program; and
4. Uniform program evaluation criteria to determine the effectiveness and efficiency of comparable services funded through the Funding Pool Program.
D. The Department shall require all service providers applying for funding through the Funding Pool Program to submit a detailed proposal that includes a proposed budget, proposed program outcomes, and proposed program outcome measures. Following review of applications for funding received pursuant to this section, the Department shall provide a summary of the requests for funding and recommendations to the Governor and the General Assembly of the programs to be funded in the proposed biennial budget, the levels of funding recommended, and the rationale for such recommendations, and the Governor shall consider such recommendations in developing the proposed budget.
E. The Department shall require all providers receiving Funding Pool Program funds to report annually on the use of the funds and outcomes achieved and shall include such information in its annual report to the General Assembly.
2011, c. 531; 2020, cc. 860, 861.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-603. Eligibility for TANF; childhood immunizations

An applicant for TANF shall provide verification that all eligible children not enrolled in school, a licensed family day home as defined in § 22.1-289.02, or a licensed child day center as defined in § 22.1-289.02, have received immunizations in accordance with § 32.1-46. However, if an eligible child has not received immunizations in accordance with § 32.1-46, verification shall be provided at the next scheduled redetermination of eligibility for TANF after initial eligibility is granted that the child has received at least one dose of each of the immunizations required by § 32.1-46 as appropriate for the child's age and that the child's physician or the local health department has developed a plan for completing the immunizations. Verification of compliance with the plan for completing the immunizations shall be presented at subsequent redeterminations of eligibility for TANF.
If necessary, the local department shall provide assistance to the TANF recipient in obtaining verification from immunization providers. No sanction may be imposed until the reason for the failure to comply with the immunization requirement has been identified and any barriers to accessing immunizations have been removed.
Failure by the recipient to provide the required verification of immunizations shall result in a reduction in the amount of monthly assistance received from the TANF program until the required verification is provided. The reduction shall be $50 for the first child and $25 for each additional child for whom verification is not provided.
Any person who becomes ineligible for TANF payments as a result of this provision shall nonetheless be considered a TANF recipient for all other purposes.
1994, c. 188, § 63.1-105.2; 2002, c. 747; 2020, cc. 860, 861.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-605. Eligibility for TANF; parolees and probationers who fail drug tests

Upon receipt of notification from a probation or parole officer that a TANF caretaker under his supervision has failed a drug test, the local department shall provide future TANF cash benefits to such caretaker's assistance unit as protective or vendor payments to a third party payee for the benefit of the assistance unit. After twelve months, the local department may reinstate such caretaker as the payee for the assistance unit provided such caretaker has failed no subsequent drug test within such twelve-month period. Any caretaker who is reported to have failed a drug test under this section may appeal such report, including the validity of any test results, pursuant to §§ 63.2-517, 63.2-518 and 63.2-519.
1997, c. 526, § 63.1-105.8; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-606. Eligibility for TANF; school attendance

In order to be eligible for TANF, members of the assistance unit, including minor custodial parents, shall be in compliance with compulsory school attendance laws (§ 22.1-254 et seq.). The Board shall adopt regulations to implement the provisions of this section, including procedures for local departments to (i) receive notification from local school divisions of students who are truant and (ii) assist families in noncompliance to achieve compliance. An applicant for or recipient of TANF or any member of his assistance unit who has been found guilty under § 22.1-263 shall not be eligible for TANF financial assistance until in compliance with compulsory school attendance laws. Any person who becomes ineligible for TANF financial assistance as a result of this section shall nonetheless be considered a TANF recipient for all other purposes.
1995, c. 450, § 63.1-105.4; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-607. Eligibility for TANF; minor parent residency

A. Except as provided in subsection B, an unemancipated minor custodial parent may receive TANF for himself and his child only if the individual and his child reside in the home maintained by his parent or person standing in loco parentis. For purposes of TANF eligibility determination, a minor who receives government-provided public assistance is not considered emancipated unless married.
B. The provisions of subsection A shall not apply if:
1. The individual has no parent or person standing in loco parentis who is living or whose whereabouts are known;
2. The local department determines that the physical or emotional health or safety of the individual or his dependent child would be jeopardized if the individual and dependent child lived in the same residence with the individual's parent or the person standing in loco parentis for the individual; or
3. The local department otherwise determines, in accordance with Board regulations, that there is good cause for waiving the requirements of subsection A.
C. If the individual and his dependent child are not required to live with the individual's parent or the person standing in loco parentis for the individual, the local department shall assist the individual in locating an appropriate adult supervised supportive living arrangement taking into consideration the needs and concerns of the minor and thereafter shall require that the individual and his child reside in such living arrangement or an alternative appropriate arrangement as a condition of the continued receipt of TANF. If the local department is unable, after making diligent efforts, to locate any such appropriate living arrangement, it shall provide case management and other social services consistent with the best interests of the individual and child who live independently.
1995, c. 450, § 63.1-105.6; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-607.1. Eligibility for TANF; drug-related felonies

A person who is otherwise eligible to receive TANF assistance shall be exempt from the application of § 115(a)(1) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and shall not be denied such assistance solely because he has been convicted of a drug-related felony.
2020, cc. 221, 361.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-609. VIEW exemptions

The following TANF recipients shall be exempt from mandatory participation in VIEW and shall remain eligible for TANF financial assistance:
1. Any individual, including all minor caretakers, under 16 years of age;
2. Any individual at least 16, but no more than 19 years of age, who is enrolled full time in elementary or secondary school, including career and technical education programs. The career and technical education program must be equivalent to secondary school. Whenever feasible, such recipients should participate in summer work;
3. To the extent authorized by federal law and regulations, any individual who is enrolled full time in an accredited public institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education for Virginia and is taking courses as part of a curriculum that leads to a postsecondary credential, such as a degree or an industry-recognized credential, certification, or license;
4. Any individual who is unable to participate because of a temporary medical condition that is preventing employment or training, as determined by a physician or other qualified medical professional and certified by a written medical statement. Such an exemption shall be reevaluated every 60 days to determine whether the person is still exempt;
5. Any individual who is disabled, as determined by receipt of Social Security Disability Benefits or Supplemental Security Income;
6. Any individual 60 years of age or older;
7. Any individual who is the sole caregiver of another member of the household who is disabled as determined by receipt of Social Security Disability Benefits or Supplemental Security Income or who is incapacitated by another condition as determined by the Board and whose presence is essential for the care of the other member on a substantially continuous basis; or
8. A parent or caretaker-relative of a child under 12 months of age who personally provides care for the child. A parent or caretaker-relative exempt from mandatory participation in VIEW pursuant to this subdivision shall be exempt for a period of no more than 12 months. Months during which a parent or caretaker-relative is exempt may be consecutive or nonconsecutive.
In a TANF-UP case, both parents shall be referred for participation unless one meets an exemption; only one parent can be exempt. If both parents meet an exemption criterion, they shall decide who will be referred for participation.
1994, cc. 858, 951, §§ 63.1-133.43, 63.1-133.48; 1995, c. 450; 2001, c. 483; 2002, cc. 81, 747; 2007, c. 568; 2011, c. 426; 2020, c. 550; 2022, c. 298.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-610. Participation in VIEW; coordinated services

A. In administering VIEW, the Department shall ensure that local departments provide delivery and coordination of all services through intensive case management. VIEW participants shall be referred to a case manager. The case manager shall fully explain VIEW to the participant and shall provide the participant with written materials explaining VIEW.
B. The Department shall assist local departments in improving the delivery of services, including intensive case management, through the utilization of public, private and nonprofit organizations, to the extent permissible under federal law.
C. The Department shall be responsible for the coordination of the intensive case management. Job finding and job matching leading to independent employment shall be facilitated by the Virginia Employment Commission and the Department of Small Business and Supplier Diversity.
D. The Secretary of Health and Human Resources, assisted by the Secretary of Commerce and Trade, shall prepare and maintain an annual plan for coordinating and integrating all appropriate services in order to promote successful outcomes. The plan shall encourage the use of local and regional service providers and permit a variety of methods of providing services. Emphasis shall be placed on coordinating and integrating career counseling, job development, job training and skills, job placement, and academic and technical education. Public and private institutions of higher education and other agencies which offer similar or related services shall be invited to participate as fully as possible in developing, implementing and updating the annual coordination plan.
E. The Secretary of Health and Human Resources shall:
1. Increase public awareness of the federal earned income credit and encourage families who may be eligible to apply for this tax credit;
2. Pursue aggressive child-support initiatives as established by the General Assembly;
3. Work with community providers to develop adoption, education, family planning, marriage, parenting, and training options for Program participants;
4. Increase public awareness of the tax advantages of relocating one's residence in order to secure employment;
5. Provide leadership for the development of community work experience opportunities in VIEW;
6. Develop strategies to educate, assist and stimulate employers to hire participants and to provide community work experience opportunities, in consultation with representatives of employers and relevant public and private agencies on the state and local level; and
7. Provide technical assistance to local departments to assist them in working with employers in the community to develop job and community work experience opportunities for participants.
1994, cc. 858, 951, § 63.1-133.45; 1995, c. 450; 1996, cc. 589, 599; 1999, cc. 840, 855; 2002, c. 747; 2013, c. 482.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-612. Time limit on the receipt of TANF

Unless otherwise exempt, VIEW participants and their families may receive TANF financial assistance for a maximum of 24 months only, subject to § 63.2-613. VIEW participants and their families may receive TANF financial assistance, if otherwise eligible, after a subsequent period of 24 months. However, the 24-month period of ineligibility shall not apply when a child is removed from the parents' home as the result of a child protective services report or complaint as defined in regulations promulgated by the Board and is placed with a relative. In such cases, the relative with whom the child is placed shall be eligible to receive TANF financial assistance immediately and without waiting for the 24-month period of ineligibility to run.
The local department shall notify a VIEW participant and his family that his TANF financial assistance is scheduled to be terminated as provided in this section. Notice shall be given 60 days prior to such termination and shall inform the VIEW participant and his family of the exception regulations adopted by the Board and the procedure to be followed by the VIEW participant and his family if he believes that he is entitled to an extension of benefits.
1994, cc. 858, 951, § 63.1-133.50; 1995, c. 450; 2002, c. 747; 2007, c. 568; 2008, cc. 132, 564.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-613. Hardship exceptions

The Board shall adopt regulations providing exceptions to the time limitations of this chapter in cases of hardship. In adopting regulations, the Board shall address circumstances:
1. Where a VIEW participant has been actively seeking employment by engaging in job-seeking activities required pursuant to § 60.2-612 and is unable to find employment;
2. Where factors relating to job availability may be unfavorable;
3. Where the VIEW participant loses his job as a result of factors not related to his job performance; and
4. Where extension of benefits for up to one year will enable a participant to complete employment-related education or training.
The Department shall (i) keep records of the number of VIEW participants who receive an exception to the time limitations on TANF benefits due to hardship and the specific circumstances relied upon to grant such exceptions and (ii) annually publish nonidentifying statistics regarding such information.
1994, cc. 858, 951, § 63.1-133.51; 1995, c. 450; 2002, c. 747; 2020, c. 7.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-614. Financial eligibility

A. Pursuant to regulations adopted by the Board, the parent of an eligible child or children who is married to a person not the parent of the child or children shall not be eligible for TANF if the parent's spouse's income, when deemed available to the family unit according to federal regulations, in and of itself, exceeds the state eligibility standard for such aid. However, eligibility for the child or children shall be considered by counting the income of such parent and child or children, and any portion of the parent's spouse's income that exceeds 150 percent of the federal poverty level for the spouse and parent. If the income of the parent's spouse that is deemed available does not, in and of itself, exceed the state eligibility standard for TANF, none of the spouse's income shall be counted as available to the family unit, and eligibility shall be determined considering only the income, if any, of the parent and the child or children. If the parent fails or refuses to cooperate with the Department's Division of Child Support Enforcement in the pursuit of child support, the income of the parent's current spouse shall be counted in accordance with Title IV-A federal regulations at 45 C.F.R. 233.20(a) (3) (xiv) in determining eligibility for TANF for the parent's child or children.
B. Program participants shall be eligible for the income disregards and resource exclusions in § 63.2-505.
C. VIEW participants and their families shall also be eligible for the following income disregards and resource exclusions:
1. To reward work, a VIEW participant and his family who have earned income from any source other than VIEW, may continue to receive TANF financial assistance for up to two years from the date that both parties initially sign the agreement. However, in no event shall the TANF payment when added to the earned income exceed such percentage of the federal poverty level established by the Commissioner, and if necessary any TANF payment shall be reduced so that earned income plus the TANF payment equals such percentage of the federal poverty level established by the Commissioner.
2. The fair market value, not to exceed $7,500, of one operable motor vehicle per family.
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; 1982, c. 386; 1993, c. 167; 1994, cc. 188, 858, 951, § 63.1-133.47; 1995, c. 450; 1996, c. 857; 1999, c. 638; 2001, c. 483; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-615. Payment of tuition and other expenses of public assistance recipients enrolled in skill development training programs

The Board may authorize the payment of tuition fees, transportation costs or other necessary or incidental expenses for obtaining skill development training or retraining for qualified public assistance recipients. The Board may, by regulation, prescribe necessary requisites and conditions under which such payments may be made. Such assistance shall be in addition to any other public assistance for which such recipient may be eligible and shall not affect his entitlement thereto.
Code 1950, § 63-110.1; 1968, c. 586, § 63.1-96.1; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-616. Provision of public assistance and social services

Local departments may combine community resources to assist the families of persons who may be in need because of the limitations on TANF financial assistance and may arrange for appropriate care of needy families where the limitation on TANF financial assistance as a result of the birth of an additional child or the two-year limit on TANF financial assistance is executed. Public assistance and social services may be provided that include, but are not limited to, help for families in obtaining donated food and clothing, continuation of food stamps for adults and children who are otherwise eligible, child care, and Medicaid coverage for adults and children who are otherwise eligible for Medicaid.
1994, cc. 858, 951, § 63.1-133.52; 1995, c. 450; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-617. Diversionary cash assistance

A. The Board shall adopt regulations to enable TANF-eligible applicants meeting certain criteria to receive at one time the maximum TANF cash assistance that the applicant would otherwise receive for a period up to 120 days or $1,500, whichever is greater. An individual may receive diversionary TANF cash assistance only one time in a 12-month period and, in so doing, waives his eligibility for TANF for the number of days for which assistance is granted multiplied by 1.33. Diversionary assistance shall be used to divert the family from receiving ongoing TANF cash assistance by providing assistance for one-time emergencies.
B. The Board shall adopt regulations to enable TANF-eligible applicants meeting certain criteria to receive a TANF emergency assistance payment of up to $1,500 to prevent eviction or to address needs resulting from a fire or natural disaster.
1995, c. 450, § 63.1-105.3; 2002, c. 747; 2009, cc. 61, 547; 2020, c. 1159.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-618. Notice and appeal

A participant aggrieved by the decision of a local board granting, denying, changing or discontinuing public assistance may appeal such decision pursuant to § 63.2-517. If a hearing request is received prior to the effective date of any proposed change in benefit status, a participant appealing such change shall have the right to continued direct payment of TANF benefits pending final administrative action on such appeal.
1994, cc. 858, 951, § 63.1-133.53; 1995, c. 450; 2002, c. 747.
2023 Code of Virginia › Title 63.2 - Welfare (Social Services) › Chapter 6 - Temporary Assistance for Needy Families Program › § 63.2-620. Child care services for TANF and low-income families

The Department shall identify strategies for Virginia to obtain the maximum amount of federal funds available for child care services for TANF recipients and families whose incomes are at or below 185 percent of the federal poverty level. The Department shall provide an annual report on these strategies to the chairmen of the House Committees on Appropriations and on Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and on Rehabilitation and Social Services by December 15.
2001, c. 184, § 63.1-105.9; 2002, c. 747.