reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-6 - CONFIDENTIAL MATERIALS › Section 660-1-6-.10 - Custodians Of Case Records

Current through Register Vol. 42, No. 9, June 28, 2024
The Commissioner of the State Department of Human Resources is
				the official custodian of all Department case records and confidential
				information. The Commissioner may designate persons, from time to time, and
				delegate Authority over access or approve access of Department case records.
				Authority is delegated to all County Department Directors and State Department
				Administrators, Bureau Directors, and Supervisors to accept requests for access
				or approve access of Department case records under their control, in accordance
				with the rules in this chapter and state and federal law. Persons delegated
				Authority may designate other persons under their supervision and give them
				Authority to make decisions on access to Department case records.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										26-14-8,
				  38-2-6,
				  38-7-13,
				  41-22-4.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-6 - CONFIDENTIAL MATERIALS › Section 660-1-6-.11 - Adult Protective Service Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Adult Protective Service Records and
			 other confidential information shall be disclosed and released without a
			 subpoena to:
(a) persons in a position to
			 help or assist in the prevention or discovery of abuse or neglect of adults
			 through the information contained therein;
(b) police or other law enforcement agencies
			 conducting an adult abuse and neglect investigation;
(c) a grand jury where it determines that the
			 information is necessary to the conduct of its official business;
(d) a court of law where it finds that such
			 information is necessary for the determination of an issue before the
			 court;
(e) a person involved in
			 bona fide research approved by the Commissioner;
(f) a physician who has before him an adult
			 he reasonably suspects may be abused or neglected;
(g) a guardian or guardian ad litem
			 representing or defending an adult in a court proceeding related to abuse or
			 neglect of said adult; and
(h) a
			 fatality review panel or team.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-6 - CONFIDENTIAL MATERIALS › Section 660-1-6-.12 - Access To Records By Regulatory Groups

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Child and adult care license and approval
			 information and records (except abuse and neglect information and records) may
			 be released to any government or professional regulatory agency or group with a
			 legitimate regulatory interest in the activities of the holders or prospective
			 holders of licenses and approvals.
(2) Child and adult abuse and neglect
			 information and records may be disclosed and released to any government or
			 professional regulatory agency or group with a legitimate regulatory interest
			 in the activity of the holders of licenses and approval. Decisions regarding
			 disclosure of such information and records shall be made on a case-by-case
			 basis based upon a determination that the release or disclosure will help
			 prevent or discover abuse or neglect.
(3) Child and adult abuse and neglect and
			 service information and records may be disclosed and released to any government
			 or professional regulatory agency or group with a legitimate regulatory
			 interest in the activities of perpetrators or alleged perpetrators of abuse or
			 neglect. Decisions regarding release and disclosure of such information and
			 records shall be made on a case-by-case basis based upon a determination that
			 the release or disclosure would help prevent or discover abuse or neglect.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										26-14-8,
				  38-2-6,
				  38-7-13,
				  38-9-6.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-6 - CONFIDENTIAL MATERIALS › Section 660-1-6-.13 - Access Verification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Where
			 state or federal law or regulations require or allow access to DHR materials,
			 records, and information, the Department may require identity verification
			 and/or a written request or statement from the requestor containing (1) the
			 name of the requestor,
(2) the
			 requestor's position and Authority,
(3) the reason or purpose for which access is
			 being sought,
(4) the name of the
			 person on whom materials are requested, and
(5) the materials, records, or information
			 being sought.
Author:
James E. Long
Statutory Authority:
Code of Ala.
				  1975
, §§
										26-14-12,
				  38-2-6(8),
				  38-7-13, and
				  38-9-6(e).
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-6 - CONFIDENTIAL MATERIALS › Section 660-1-6-.14 - HIPAA Privacy Policy

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 General: "HIPAA" stands for the Health Insurance Portability and Accountability
			 Act (Public
			 Law 104-191), a federal law passed in 1996 to
			 reform health insurance in the United States. The HIPAA Privacy Rule-finalized
			 as federal regulations ( 45 C.F.R. Parts 160 and 164) on August 14, 2002 -
			 ensures that personal medical information shared with doctors, hospitals, and
			 others who provide and pay for healthcare is protected. It is the first ever
			 comprehensive federal protection guideline for the privacy of health
			 information. Basically, the HIPAA Privacy Rule does the following:
(a) Imposes new restrictions on the use and
			 disclosure of personal health information,
(b) Gives clients greater access to their
			 medical records, and
(c) Gives
			 clients greater protection of the medical records. This Notice of Privacy
			 Practices describes how the Department of Human Resources uses and discloses an
			 individual's "protected health information" (PHI) to arrange treatment,
			 payment, or health care operations; for other purposes that are permitted or
			 required by law; and the individual's rights to access and control his or her
			 "protected health information".
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-7 - BACKGROUND INVESTIGATIONS › Section 660-1-7-.01 - Legal Basis

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Code of Ala. 1975
, §
								41-27-10 provides for criminal
			 history background checks for employees and contractors with access to Federal
			 Tax Information. The statute requires the Department of Human Resources to
			 require each applicant for a position of employment with the Department and all
			 current employees and contractors of the Department who have access to Federal
			 Tax Information to:
(a) State in writing
			 whether such applicant, employee or contractor has ever been convicted of a
			 crime or whether criminal charges are pending against such applicant, employee
			 or contractor, and if so, to identify the charges and court in which such
			 charges are pending; and
(b) Be
			 fingerprinted and submit to state and national criminal history records
			 checks.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-1-7 - BACKGROUND INVESTIGATIONS › Section 660-1-7-.02 - Coverage

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The provisions
			 of this chapter governing criminal history background information checks is
			 applicable to the following:
(a) Applicants
			 for a position of employment with the Department of Human Resources who may
			 have access to Federal Tax Information;
(b) Current employees of the Department of
			 Human Resources who have or may have access to Federal Tax
			 Information;
(c) Contractors of the
			 Department of Human Resources who have or may have access to Federal Tax
			 Information.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
Family Assistance (FA) is designed to provide financial
				assistance to children and their parent(s) who are needy as defined by the
				Department. The legal base for the financial assistance program is Title IV-A
				of the Social Security Act,
Code of Ala. 1975
, as
				amended, Title 38 and court rulings. The program is funded by State and Federal
				funds which are expended in accordance with the law, and administered in
				compliance with the Social Security Act. References in other departmental
				rules, manuals or written materials to ADC, AFDC, Aid to Dependent Children or
				Aid to Families with Dependent Children are synonymous with the terms family
				assistance (FA) or Family Assistance Program (FAP).
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A; 45 C.F.R.; State Plan for Title IV-A;
Code of Ala.
				  1975
, Title 38, Title I
				  Public
				  Law 104-193,Section 103.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.02 - Administration

Current through Register Vol. 42, No. 9, June 28, 2024
The Department has the responsibility for administering the
				AFDC Program. All activities are in compliance with Title VI of the Federal
				Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973. The
				Department of Human Resources is responsible for program policy formulation,
				monitoring, program planning, standard setting, and quality assurance in the
				administration of the AFDC Program.
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A; 45 C.F.R.; State Plan for Title IV-A;
Code of Ala.
				  1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.03 - Rights And Responsibilities Of Applicants And Recipients

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person has
			 the right to apply for assistance, have his/her eligibility determined, and if
			 found eligible, to receive an established monthly amount unless benefits are
			 prohibited per rule
			 660-2-2-.40. Any and all payments
			 are subject to availability of funds. Persons receiving a direct payment are to
			 use these funds for the benefit of the dependent children. Certain restrictions
			 about accessing and using benefits apply as provided in Rule
			 660-2-2-.41. The recipient of
			 public assistance funds must assume the responsibility of furnishing all
			 necessary facts and documentation to establish or reestablish eligibility,
			 advise the Department of any changes in his/her circumstances within 10 days
			 which might affect eligibility and/or the amount of the assistance grant, and
			 to provide the Department with any channel of information concerning his/her
			 affairs that may be determined necessary. An applicant/recipient who refuses to
			 cooperate with the Department by not providing required information,
			 verification, or documentation shall be denied/terminated from FA as
			 eligibility cannot be established.
(2) The individual has the right to
			 confidentiality, to receive prompt action, equitable treatment, notification of
			 any case action taken, and to receive a fair hearing due to an appeal of case
			 action.
(3) Departmental forms
			 explain these rights and responsibilities. These forms are explained and given
			 to each adult individual applying for assistance, and to recipients as needed.
			 Copies of these forms may be obtained from the Department.
Author:
Melody Armstrong
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45
				  C.F.R. 206.10,
				  233.36
et
seq
.; P.L. 98-369,
				  effective October 1, 1984; State Plan for Title IV-A;
Code of Ala.
				  1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.04 - Application And Initial Determination Of Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
An application is a specific written request on the designated
				agency application form, which has been completed, dated and signed by the
				applicant, to have eligibility for ADC determined. (The applicant must be
				informed of the Department's standards of assistance, penalties for fraud,
				right to appeal and to have a fair hearing, the Civil Rights provisions and
				other rights and responsibilities.) An applicant may withdraw the application
				for ADC at any time without affecting the right to reapply at any time.
				Eligibility for ADC must be determined prospectively at application.
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45
				  C.F.R. 206.10,
				  233.33
et
seq
.; State Plan for Title
				  IV-A;
Code of Ala. 1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.06 - Standard Of Promptness

Current through Register Vol. 42, No. 9, June 28, 2024
The Department has 30 calendar days from the date of
				application to make a decision on eligibility and to make benefits available or
				mail notice of denial on a FA application.
Author:
Jeri Farrior
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45
				  C.F.R. 206.10; State Plan for Title IV-A;
Code of Ala. 1975
, Title
				  38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.07 - Accrual Rights

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Entitlement
			 for direct assistance begins the first day of the month for which the
			 Department's worker establishes eligibility and authorizes payment by
			 completing, dating and signing the computer/financial documents, except
			 payments authorized for the month of application are prorated from the date the
			 application was received. Payment to the eligible applicant may begin on the
			 date of application provided the applicant was eligible and is eligible on the
			 day the eligibility worker completes the award. Persons added to an existing
			 assistance unit may receive a prorated payment from the date of application if
			 otherwise eligible in that month and currently eligible.
(2) A recipient's right to a money payment
			 accrues on the first day of each month provided he is alive on that date and
			 eligible insofar as is known. "Eligible insofar as is known" means his income
			 and relevant circumstances in the immediately preceding month met current
			 eligibility requirements and were not anticipated to change in the current
			 month to the extent of causing ineligibility. Once a recipient's eligibility is
			 established, the amount of payment he is entitled to receive for any month in
			 which he has accrual rights is based on income and relevant circumstances in
			 the corresponding budget month (other than when the payment is increased to
			 include another person). To receive increased payments after death, the County
			 Department must establish that the recipient was alive on the date that the
			 increase was authorized.
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45
				  C.F.R. 206.10; State Plan for Title IV-A;
Code of Ala. 1975
, Title 38;
				  45 C.F.R.
				  233.10; SSA-AT-81-34 and SSA-AT-86-1, Title I
				  Public
				  Law 104-193,Section 103.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.08 - Redetermination Of Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
The Department must determine the individual's eligibility for
				continued Family Assistance (FA) payment prospectively at least once every 12
				months. Special redeterminations may be scheduled in advance during the
				intervening period based on known facts. A special redetermination which is
				unscheduled may be held due to receipt of facts indicating a possible change in
				the recipient's circumstances. A special redetermination, scheduled or
				unscheduled, may develop into a complete redetermination of
				eligibility.
Author:
Jeri Farrior
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45
				  C.F.R. 206.10,
				  233.33
et
seq
.; State Plan for Title
				  IV-A;
Code of Ala. 1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.09 - Definitions: Redetermination Process

Current through Register Vol. 42, No. 9, June 28, 2024
The administrative definitions applicable to the
				redetermination process are as follows:
(a) A recipient is any person who receives a
			 public assistance money payment. Persons not receiving a money payment due to
			 sanctions pursuant to rules numbered
			 660-2-2-.18 and
			 660-2-2-.23 or recoupment of
			 overpayments are considered recipients.
(b) Redetermination is an investigation to
			 determine that a recipient continues to meet all eligibility
			 requirements.
(c) Redetermination
			 process refers to all of the activities involved in the investigation and
			 redetermination of continuing eligibility for public assistance.
(d) Review is the redetermination of
			 eligibility which must be completed within 12 months from the month the initial
			 award or review is completed.
Author:
Jeri Farrior
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45
				  C.F.R. 206.10; State Plan for Title IV-A;
Code of Ala. 1975
, Title
				  38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.10 - Amount Of Assistance Payment

Current through Register Vol. 42, No. 9, June 28, 2024
The amount of assistance payment that a person receives is
				determined by using the appropriate payment standard (as established by the
				Department based on availability of funds) minus the rounded total net
				available income. The resulting deficit is to be the grant amount subject to
				the minimum payment requirement, except when the initial payment is authorized
				for the month of the application and is prorated from the date the application
				was received. The minimum grant is $10. A check may be less than $10 if a case
				is in recoupment from current assistance for an over-payment from a previous
				period or due to imposition of sanctions pursuant to rules
				660-2-2-.18 or
				660-2-2-.23.
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A; 45 C.F.R.; State Plan for Title IV-A;
Code of Ala.
				  1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.11 - Payee

Current through Register Vol. 42, No. 9, June 28, 2024
The parent living in the home with the child will, in most
				instances, be payee of the grant. The specified relative living in the home
				can, in most circumstances, be payee only when there is no parent living in the
				home. A non-relative can be payee for an active Family Assistance (FA) case
				only for up to 90 days on an emergency basis when no parent or relative is
				living with the child.
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45 C.F.R.
				  233.90, 224.51, 232.12; P.L. 98-369,
				  effective October 1, 1984; State Plan for Title IV-A;
Code of Ala.
				  1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.12 - Duplicate Grants

Current through Register Vol. 42, No. 9, June 28, 2024
The needs of a person shall not be considered in more than one
				assistance grant at the same time. There may be only one payee for a sibling
				group of children living in the same household.
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45 C.F.R.
				  233.10; State Plan for Title IV-A;
Code of Ala. 1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.14 - Advance Notice

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Program
			 rules provide that a person receiving assistance must be given or mailed
			 written notification ten days in advance of action to terminate his grant or
			 reduce the amount of his assistance.
(2) Conformity to ten-day notice is waived in
			 the following situations, but written notification must be given or mailed to
			 the individual prior to the effective date of the action.
(a) The County Department has factual
			 information confirming the death of the recipient or of the FA payee when there
			 is no relative available to serve as the new payee.
(b) The County Department receives a clear
			 written statement signed by a recipient that he no longer wishes assistance, or
			 that gives information which requires termination or reduction of assistance,
			 and the recipient has indicated, in writing, that he understands that this must
			 be the consequence of supplying such information.
(c) When a recipient is moved from one budget
			 group to another, a clear written statement from the original grantee covering
			 all details as in "(b)" above must be secured.
(d) The recipient has been admitted or
			 committed to a public institution.
(e) The recipient's whereabouts are unknown
			 and agency mail directed to him has been returned by the post office indicating
			 no known forwarding address.
(f)
			 The recipient has been accepted for assistance in another county or state and
			 that fact has been established by the County Department previously providing
			 assistance.
(g) A FA child has been
			 removed from the home as a result of a judicial determination or voluntarily
			 placed in foster care by the person legally responsible for his care.
(h) The recipient has been placed in skilled
			 nursing care, intermediate care, or long-term hospitalization.
(i) A special allowance granted for a
			 specific period is terminated and the recipient has been informed in writing at
			 the time of award that the allowance shall automatically terminate at the end
			 of the specified period.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.15 - Age

Current through Register Vol. 42, No. 9, June 28, 2024
A child must be under the age of 18 unless s/he is
				participating in a State approved educational or training program. In this
				case, eligibility continues through the last month of school/training
				attendance in the eighteenth year. If not in school/training, the child
				continues eligible for the month in which he/she reaches his/her 18th
				birthday.
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A; 45
				  C.F.R. 233.39; State Plan for Title IV-A;
Code of Ala. 1975
, Title 38, Title I
				  Public
				  Law 104-193,Section 103.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.16 - Residence

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A person must
			 be a resident of Alabama in order to receive public assistance and must be
			 physically present in the State when his application is approved unless
			 detained because of illness while temporarily outside of the State and
			 residence requirements are otherwise met. A person applies for and receives aid
			 in the county where he lives.
(a) An adult is
			 considered a resident of Alabama under one of the following conditions:
1. He is living in Alabama voluntarily, not
			 for a temporary purpose, with the intent to make the State his home;
			 or
2. He has entered Alabama either
			 with a job commitment or to seek employment (whether or not currently
			 employed), and is not receiving assistance from another state at the time his
			 benefits from Alabama begin.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.17 - Citizenship

Current through Register Vol. 42, No. 9, June 28, 2024
The child or parent, or relative whose needs are included in
				the grant must be either a U. S. citizen, or an eligible alien as defined
				below.
Eligible Alien:
(a)
			 For five (5) years after the individual obtains the designated alien status:
(1) Refugees admitted under section 207 of
			 the Immigration and Nationality Act (INA),
(2) Asylees admitted under section 208 of
			 INA, and
(3) Aliens whose
			 deportation has been withheld under section 243(h) of the INA.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.18 - JOBS Program

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each
			 individual who is:
(a) a parent, or
			 stepparent of a child in the assistance unit and whose needs are included in a
			 family assistance grant as an adult or
(b) excluded from the assistance unit for
			 reasons required by Federal or State law or Family Assistance program rules,
			 must participate in the JOBS Program unless the JOBS unit defers the individual
			 from participation.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.19 - Deprivation Of Parental Support And Care

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45 C.F.R.
				  233.90,
				  233.100;
				  State Plan for Title IV-A; P.L. 100-485 ;
Code of Ala.
				  1975
, Title 38, Title I
				  Public
				  Law 104-193,Section 103.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.20 - Living In The Home Of A Specified Relative

Current through Register Vol. 42, No. 9, June 28, 2024
The child must be living in the home of a blood relative (whole
				blood or half-blood) within a prescribed degree of relationship as provided for
				in departmental operating manuals. Blood relatives with alleged status may
				serve where a preponderance of evidence indicates that they are natural
				relatives. The child may be temporarily absent from the home to obtain Medicare
				care, attend school elsewhere because of special educational needs or be on a
				vacation visit out of the home. The temporary absence applies provided (a) the
				parent or relative with whom the child has been living continues to have
				responsibility for his/her care, and continues to maintain the home; and (b)
				the child is to return to the home at the end of the necessary period of
				absence. The parent or relative may be temporarily absent to receive medical
				care, handle family emergencies, or be on a vacation visit out of the home or
				engaging in temporary seasonal employment provided s/he (a) has arranged for a
				responsible adult to provide care for the child while s/he is away; (b)
				continues to carry responsibility for the child; and (c) plans to return to the
				home at the end of the temporary period of absence. In time of crisis or
				emergency, a non-relative may be payee of the grant for a period not to exceed
				90 days. A minor child or parent who has been, or is expected to be absent from
				the home for a period of 30 consecutive days is not eligible for assistance
				unless the absence is for temporary reasons only. If the grantee relative does
				not notify the agency of a child's non-temporary absence by the end of the 5
				day period that begins with the date that the absence becomes clear, the
				grantee relative will not be eligible for assistance for the number of months
				the absence was not timely reported.
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45 C.F.R.
				  233.90; State Plan for Title IV-A;
Code of Ala. 1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.21 - Social Security Account Numbers

Current through Register Vol. 42, No. 9, June 28, 2024
To be eligible for Family Assistance (FA), the child, parent,
				or relative must provide the Social Security account number when known for each
				person whose needs are included in the grant, or apply for and then furnish a
				Social Security account number for each individual who either does not have a
				number assigned, whose number is unknown, or who otherwise is unable to provide
				an accurate account number. Effective February 8, 1991, clients who make direct
				application to the Social Security Administration for a Social Security Number
				either by the enumeration at birth process or by directly contacting the Social
				Security Administration must upon receipt, furnish the number to the Department
				of Human Resources to continue to meet furnishing a SSN requirements. Failure
				of the child, parent, or relative to comply with these requirements will result
				in termination of the case.
"Newborn" policy regarding Social Security numbers allows until
				the first day of the 2nd month following the child's
				birth or the mother's discharge from the hospital, whichever is later, to meet
				the requirement for the newborn. This means that assistance may be paid for the
				newborn (without the newborn meeting the requirement) during this
				period.
Author:
Jeri Farrior
Statutory Authority:
Social Security Act, Title
				  IV-A; 45 C.F.R. 232.10 ; State Plan for Title IV-A;
Code of Ala.
				  1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.22 - Assignment Of Rights To Child Support And/Or Third Party Medical Benefits

Current through Register Vol. 42, No. 9, June 28, 2024
The Child Support Act of 1979 provides in part that, by
				accepting FA, each recipient of FA in his care has assigned to the Department
				of Human Resources the right to any child support owed for or to him and/or for
				or to the children in his care up to the amount of FA paid to him/them. No
				separate assignment form is necessary. The FA application is considered an
				assignment of support rights which is enforced beginning with the month in
				which FA is approved and continues in effect for each person included in the
				budget for as long as he is included.
Author:
Dorothy Phillips
Statutory Authority:
Social Security Act, Title
				  IV-A; 45 C.F.R. 232.11 ; State Plan for Title IV-A;
Code of Ala.
				  1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.24 - Prompt Notice To Child Support Agency And/Or Medicaid Agency

Current through Register Vol. 42, No. 9, June 28, 2024
A referral is made by the eligibility worker to child support
				as appropriate at the time initial assistance is authorized.
Author:
Dorothy Phillips
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45 C.F.R.
				  235.70; State Plan for Title IV-A;
Code of Ala. 1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.25 - Vocational Rehabilitation Service Referral

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A; P.L. 100-485, Title II;
				  42 U.S.C.
				  §§602, 581 - 687; 54 Federal
				  Regulations 42145-42267;
				  45 C.F.R.
				  233.10; State Plan for Title IV-A; State JOBS
				  Plan;
Code of Ala. 1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.26 - Strike Participation

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Participation in a strike on the last day of the month results in ineligibility
			 for assistance for that month. If the individual involved in a strike is the
			 parent or stepparent, the entire family is ineligible for that month. If the
			 individual involved in a strike is a child, he is ineligible.
(2) The term "strike" includes any strike or
			 other concerted stoppage of work by employees (including a stoppage by reason
			 of the expiration of a collective bargaining agreement) and any concerted
			 slowdown or other concerted interruption of operations by employees.
(a) For public assistance purposes,
			 participation in a strike includes cooperating in work stoppage, work slowdown,
			 etc., including persons who are not actually walking on a picket
			 line.
(b) Participation in a strike
			 does not include inability to work because the place of employment is closed
			 due to the strike, or failing to work due to the presence of other union picket
			 lines or fear for one's life because of activity associated with a strike.
Author:
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.27 - Need Requirement-General

Current through Register Vol. 42, No. 9, June 28, 2024
To be eligible based on need, the family must not have total
				net countable income equal to or in excess of the appropriate payment standard
				subject to the minimum payment regulations of Rule No.
				660-2-2-.10. Eligibility is
				determined prospectively. Either of two budgeting procedures prospective or
				retrospective is used to determine the amount of payment. Prospective budgeting
				means determining the amount of payment for a month based on the best estimate
				of income and other relevant circumstances which will exist in that month.
				Retrospective budgeting means determining the amount of payment for a month
				based on circumstances (child support received) which existed two months ago.
				Retrospective budgeting applies only to the budgeting of child support income
				following the prospective determination of eligibility. All other income is
				budgeted prospectively following the prospective determination of
				eligibility.
Author:
Jeri Farrior
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45 C.F.R.
				  233.20,
				  233.33
et
seq
.; P.L. 98-369,
				  effective October 1, 1984; State Plan for Title IV-A;
Code of Ala.
				  1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.28 - Resources (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Jeri Farrior
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45 C.F.R.
				  233.20; State Plan for Title IV-A;
Code of Ala. 1975
, Title 38, Title I
				  Public
				  Law 104-193,Section 103.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.29 - Homestead (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45 C.F.R.
				  233.20; State Plan for Title IV-A;
Code of Ala. 1975
, Title
				  38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.30 - Income

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Only currently
			 available gross income is taken into consideration in determining eligibility
			 for and the amount of the assistance payments unless specifically excluded
			 according to State and Federal law or as otherwise provided for in program
			 operating manuals. "Available" income is that which is verified as being
			 received by any member of the assistance unit or received by someone not in the
			 assistance unit but in the home and designated for a member who is not included
			 in the assistance unit but is considered legally responsible for the support of
			 someone in the assistance unit, or income in the home of a person who is
			 required to be a member of the assistance unit under
			 660-2-2-.36 but whose needs are
			 excluded due to penalty or failure to fulfill an eligibility requirement or
			 income received by an alleged father of a child included in the assistance unit
			 when living in the home with the child and the child's mother. Persons legally
			 responsible for the support of others are: spouse responsible for spouse, and
			 parent and stepparent (by marriage or common-law) and alleged father (living in
			 the home with his child and the child's mother) responsible for child under 18
			 or under 19 if a full-time student in secondary school or in the equivalent
			 level of vocational or technical training. Income of a sponsor, after certain
			 deductions, is considered available to an alien.
(2) Of total proceeds received from
			 self-employment, 40% will be subtracted as operating expenses. Disregards/
			 deduction from earnings are as follows:
(a)
			 disregard all earnings from new employment that is timely and accurately
			 reported in the first twelve months in which wages are received, then deduct
			 the following work expenses thereafter;
(b) the first 30% of gross earnings;
			 and
(c) the cost (on an as paid
			 basis) of child care or care for an incapacitated adult living in the same home
			 and receiving FA.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.31 - Payment Standard

Current through Register Vol. 42, No. 9, June 28, 2024
The State Department has developed a payment standard which
				varies by family size. The standard must be used in determining financial need
				in all cases. The standard based on the amount of funds available, and is used
				uniformly throughout the State. The countable income, if any, of the assistance
				group is deducted from the payment standard to determine the entitlement amount
				of assistance.
Author:
Jeri Farrior
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45 C.F.R.
				  233.20; P.L. 98-369, effective October 1,
				  1984; State Plan for Title IV-A;
Code of Ala. 1975
,
				  Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.32 - Computation Of Grant Amount Based On Income

Current through Register Vol. 42, No. 9, June 28, 2024
The grant amount is computed by subtracting rounded total net
				income from the payment standard. When payment is authorized for the month the
				application is received, the grant amount is equal to the amount payable if
				payment was made for the entire month multiplied by the ratio of the number of
				days in the month including and following the date of application to 30
				days.
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A;
				  45 C.F.R.
				  233.20; State Plan for Title IV-A;
Code of Ala. 1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.33 - Medicaid

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Melody Armstrong
Statutory Authority:
Social Security Act; Title
				  XIX; Title XIX State Plan; 42 C.F.R. 435.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.34 - Foster Care Maintenance Payments Program

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
P.L. 96-272 ; P.L. 98-369,
				  effective October 1, 1984;
Code of Ala. 1975
, Title
				  38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.35 - Referral To Service Unit

Current through Register Vol. 42, No. 9, June 28, 2024
At any time the eligibility worker suspects abuse or neglect of
				any child or adult, he must immediately refer the case to the appropriate
				service unit. All persons receiving ADC are referred to the Service Unit when
				problems or needs of individuals are evidenced or services are desired.
Author:
Statutory Authority:
Social Security Act, Title
				  IV-A; 45 C.F.R. 231, Chapter 13, Subpart J; State Plan for Title IV-A;
Code of Ala. 1975
, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.36 - Persons to Include in Assistance Unit (Budget Group)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An assistance unit consists of those
			 parents receiving or applying for aid. Parents, stepparents and siblings must
			 be included in the assistance unit, unless they are ineligible to receive
			 assistance due to, age or relationship, or as aliens, or are recipients of
			 FCMP. Failure of a grantee relative (payee) to provide information necessary
			 for determining eligibility and payment amount makes the entire assistance unit
			 ineligible for assistance.
(2) In
			 order for the child to be eligible, the assistance unit must include the
			 following persons in the same family unit:
(a)
			 A legal parent(s) in the home as defined in department program operating
			 guidelines and/or stepparents not excluded under (3) or (5) below.
EXCEPTION
: Convicted parent-prisoners sentenced to do
			 unpaid public work and permitted by court order to reside with their
			 families.
(b) All the child's
			 blood-related siblings or adoptive siblings under 18 or under 19 if
			 participating in a State approved educational or training program living in the
			 home who meet the age requirements with the exception of children who receive
			 FCMP. Step-siblings whose legal parent resides in the home and stands as a
			 stepparent to the applicant/recipient group are not required to be included in
			 the assistance unit.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.37 - Development Of Sources Of Income

Current through Register Vol. 42, No. 9, June 28, 2024
All grantee relatives and/or individuals included in the
				assistance unit must apply for and convert to a state of availability any
				benefit, award, or potential source of income to which members of the
				assistance unit may be legally entitled. If documentation of action taken
				toward converting the potential benefit, award, or source of income is needed
				and not provided by the applicant(s) or by the recipient(s) within the
				timeframe as specified in program policy manuals, assistance will be
				denied/terminated to the entire assistance unit if the refusing/failing
				applicant/recipient is a required assistance unit member per
				660-2-2-.36. If the person
				refusing or failing to meet this requirement is not a required member of the
				assistance unit, assistance will be denied/terminated to this
				individual.
Author:
Jeri Farrior
Statutory Authority:
Code of Ala.
				  1975
, Title 38, Social Security Act, Title IV-A;
				  45 C.F.R.
				  233.20; State Plan for Title IVP-A.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.38 - Minor Parent Living Arrangement And School Attendance

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A minor parent
			 and the dependent child/ren in his or her care, unless exempt, must reside in
			 the household of a parent, legal guardian or other adult relative or in an
			 adult-supervised supportive living arrangement in order to receive FA. Failure
			 to meet the minor parent living arrangement requirement results in
			 ineligibility for the minor parent and dependent child(ren).
(2) Definitions for the purposes of this
			 provision are as follows:
(a) A minor parent
			 is an individual who
1. is under 18 years of
			 age and
2. is not married
			 and
3. is the natural parent of a
			 dependent child living in the same household.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.39 - Applicant Job Search Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant must apply for three
			 positions of unsubsidized employment during the application process unless
			 pursuant to Department program operating guidelines the applicant is exempt or
			 has good cause for not doing so.
(2) Failure/refusal of the applicant to make
			 application for three positions or to provide proof of the applications results
			 in denial of the application and loss of benefits for that application period,
			 i.e., month of application through the month of disposition of the
			 application.
Author:
Melody Armstrong
Statutory Authority:
Social Security Act, Title
				  IV-A; 45 C.F.R.; State Plan for Title IV-A; Code, Title 38.
Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-2-2 - AID TO DEPENDENT CHILDREN › Section 660-2-2-.40 - Time Limits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Funds
			 provided by the Federal Government under the TANF block grant cannot be used to
			 provide assistance to a family in which the grantee or spouse of the grantee
			 has received assistance for more than 60 months (whether or not consecutive). A
			 month of assistance does not include any month a check is not issued due to
			 minimum payment, sanction or recoupment to a zero check amount. The count began
			 for current recipients with the payment made for December, 1996; for applicants
			 awarded November 15 - 30, 1996 for a November, 1996 benefit, the count begins
			 November, 1996. The count will begin for applicants with the month for which
			 payment is first authorized, whether or not prorated and regardless of when
			 payment for the month is actually received but no earlier than November 15,
			 1996.
(2) A month of assistance
			 will not be counted against the sixty-month lifetime limit:
(a) if the assistance unit does not include a
			 grantee or spouse of the grantee;
(b) for any member of the assistance unit
			 that is not the grantee or the spouse of the grantee;
(c) if assistance is received by an adult
			 while living in Indian country where at least 50 percent of the adults are
			 unemployed;