Ariz. Admin. Code § 6-12-604

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Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-12-604 - Minor Parents

A. A minor parent means a person who:

1. Is less than 18 years of age,

2. Has never married, and

3. Is the natural parent of a dependent child living in the same household.

B. An assistance unit headed by a minor parent is not eligible for CA, except as provided in subsection (C).

C. A minor parent may receive assistance when:

1. The minor parent has no living or locatable:

a. Parent,

b. Legal custodian who is related to the minor parent to the degree specified at R6-12-309(A), or

c. Legal guardian.

2. The minor parent is legally emancipated.

a. A minor parent is emancipated if the minor parent's parent, adult specified relative as defined in R6-12-309(A), or legal guardian has relinquished all control and authority over the minor parent, and no longer provides financial support to the minor parent.

b. A minor parent shall qualify as an emancipated person if the minor parent:

i. Has lived apart from the parent, adult specified relative, or legal guardian for at least one year before the application for CA;

ii. Has demonstrated financial independence from the parent, adult specified relative, or legal guardian for at least one year before the application for CA; and

iii. Has not received CA benefits for each of the 12 consecutive months immediately preceding the month the minor parent applies for CA.

c. The minor parent shall provide evidence to establish emancipation. Acceptable verification may include:

i. Rent receipts or other living arrangement statements which establish independent living apart from the parent, adult specified relative, or legal guardian;

ii. Income statements or income tax records which establish financial independence from the parent, adult specified relative, or legal guardian; or

iii. Written statements from a parent, relative, or guardian which establish the independent status of the minor parent.

3. The physical or emotional health or safety of the minor parent, or the minor parent's child, would be at risk if the minor parent and the minor parent's child resided in the home of the minor parent's parent, legal custodian who is related to the minor parent to the degree specified in R6-12-309(A), or legal guardian.

a. The minor parent shall file a written statement of abuse or neglect with the Department.

i. Abuse means any behavior defined at A.R.S. § 8-546(A)(2).

ii. Neglect means any behavior defined at A.R.S. § 8-546(A)(6).

b. The written statement shall include the following information regarding the allegations of abuse or neglect:

i. The name of the victim;

ii. The name of the perpetrator;

iii. The dates of the alleged abuse or neglect;

iv. The nature of the alleged abuse or neglect; and

v. Whether or not other children living in the home are subject to the abuse or neglect.

c. The FAA shall report all allegations of abuse or neglect to Child Protective Services.

d. The FAA shall accept the minor parent's written statement of abuse or neglect as sufficient evidence that the health or safety of the minor parent, or minor parent's child, would be at risk pending the outcome of a Child Protective Services assessment, unless evidence to the contrary exists.

e. If Child Protective Services determines the allegation of abuse or neglect is valid, the minor parent and the minor parent's child may receive CA if otherwise eligible under this Chapter.

f. If Child Protective Services is unable to confirm or refute the allegation of abuse or neglect, the minor parent shall remain eligible based on the minor parent's written statement.

g. If Child Protective Services determines the allegation of abuse or neglect is invalid:

i. The Department shall inform the minor parent of the determination and allow the minor parent 60 days to return to the home of the parent, custodian, or legal guardian;

ii. The Department shall terminate CA effective the first month following expiration of the 60-day period; and

iii. No overpayment shall result for assistance paid based on the minor parent's written statement of alleged abuse or neglect.

4. The minor parent lives in a needy family that includes one of the following:

a. The minor parent's parent,

b. An adult non-parent caretaker relative, or

c. The minor parent's legal guardian.

5. When the minor parent lives with a parent or adult non-parent caretaker relative who has CA eligible children, the Department shall combine all eligible children into one assistance unit. The parent, non-parent caretaker relative, or legal guardian shall serve as the payee.

D. A minor parent who does not live with a parent, adult non-parent caretaker relative, or legal guardian must meet the needy family income eligibility requirements.

E. A minor parent, and the minor parent's child, who are ineligible for CA solely due to the provisions of this Section, may receive the following services, if otherwise eligible:

1. AHCCCS,

2. JOBS,

3. Child Care, and

4. Any other program or service for which CA recipients categorically qualify.

F. The provisions of this Section shall not apply to a parent who is under 18 years of age ("an underage parent") and who is married or has been married.

Ariz. Admin. Code § R6-12-604

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-12-604 renumbered to R6-12-602; new R6-12-604 renumbered from R6-12-608 and amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.