Current through Register Vol. 46, No. 39, September 25, 2024
(a) An
application for family assistance shall be received and recorded in accordance
with section
350.4
of this Title.
(b) In order to
receive family assistance, a family must include a minor child who resides with
a custodial parent or other adult caretaker relative of the child related to
the child by blood, marriage or adoption, or a pregnant individual. The term
custodial parent or other adult caretaker relative shall include the following:
(1) the child's father, mother, brother,
sister, grandfather, great-grandfather, great-great- grandfather, grandmother,
great-grandmother, great-great-grandmother, uncle, great-uncle,
great-great-uncle, aunt, great-aunt, great-great-aunt, of whole or half
blood;
(2) the child's first
cousin, nephew and niece, of whole or half blood;
(3) the child's stepfather, stepmother,
stepbrother, stepsister, but no other steprelative;
(4) in the case of a child who has been
surrendered to an authorized agency or who has been adopted:
(i) any of the blood or steprelatives
included in the preceding paragraphs of this subdivision; and
(ii) the child's adoptive parents and:
(a) the other children of the adoptive
parents and the children of such children;
(b) the parents, grandparents and
great-grandparents of the adoptive parents;
(c) the brothers and sisters of the adoptive
parents and the children of such brothers and sisters; and
(d) the aunts, uncles, great-aunts and
great-uncles of adoptive parents;
(5) the spouse of any person described in the
preceding paragraphs of this subdivision, even though the marriage may have
been terminated by death, divorce or annulment; and
(6) in the case of a child born out of
wedlock, any relative in the maternal line included in the preceding paragraphs
of this subdivision and, if paternity has been adjudicated or acknowledged in
writing, any relative in the maternal and paternal lines included in the
preceding paragraphs of this subdivision.
(d)
Application as an
assignment.
As used in this subdivision, public assistance shall
refer to assistance received through either the family assistance or the safety
net assistance program. The following provisions apply to both family
assistance and safety net assistance cases.
(1) Application for or receipt of public
assistance shall constitute an assignment. Effective with assignments made
through September 30, 2009, as a condition of initial and continuing
eligibility for public assistance, by applying for or receiving public
assistance an individual assigns to the State and the social services district
any rights to support the individual has on his or her own behalf and any
rights to support on behalf of any household member for whom the individual has
applied for or received assistance. Effective with assignments made on or after
October 1, 2009, the assignment of support is limited to rights to support an
individual has on his or her own behalf and any rights to support on behalf of
any household member for whom the individual has applied for or received
assistance which accrue during the period that the individual or any household
member is in receipt of public assistance. All support collected pursuant to
such an assignment shall be retained to reimburse the cumulative amount of
unreimbursed assistance.
(2) In a
manner prescribed by the office, applicants for or recipients of public
assistance shall be informed that such application for or receipt of such
benefits will constitute such an assignment.
(3) Such assignment shall terminate with
respect to current support rights upon a determination by a local social
services official that such person is no longer eligible for public assistance,
except with respect to the amount of any unpaid support obligation that has
accrued.
(e) For
purposes of this Part, office refers to the Office of
Temporary and Disability Assistance.
