C.M.R. 10, 144, ch. 331, II

Current through 2024-51, December 18, 2024

Chapter II - Eligibility Requirements (Non-Financial)

A.AGE: For a family to be eligible for TANF/PaS, the specified relative, and the dependent child(ren) must meet the requirements of this section.

(1)Specified Relative: The specified relative must be 18 years of age or older unless they meet the maintenance of a home requirements for minor parents. (See E(3)(b)).

(2)Dependent Child: The dependent child must be:

a) Under the age of 18; or

b) Aged 18 and enrolled as a full-time student in a high school or an equivalent instruction alternative, leading to a high school diploma.

c) When the student who is the dependent child on the TANF/PaS grant becomes 19, they are not eligible for the federally funded TANF program. They may receive state funded cash assistance until they graduate or become 21 years old, whichever comes first.

B.RESIDENCE

All recipients must be living in Maine voluntarily with the intent to make Maine their home.

C.CITIZENSHIP

NOTE: Unless specified otherwise, all references to the United States Code (U.S.C.) reference the version most currently in effect. The text of these laws can be found at https://uscode.house.gov/. Individuals may also request copies by writing to:

Rules Manager

Maine DHHS, Office for Family Independence

11 State House Station

109 Capitol St., Augusta, ME 04333-0011

1.General Rule

a) Only U.S. citizens and certain noncitizens are eligible for benefits. The presence of an ineligible noncitizen or individual with unverified status does not prohibit the remaining members of the household from being eligible.

b) Citizenship or noncitizen status must be verified for each household member seeking benefits.

2.CITIZENS AND U.S. NATIONALS

a) The following individuals are potentially eligible for federally funded benefits:

i. Individuals born in one of the 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, the Northern Mariana Islands (NMI), American Samoa or Swain's Island,

ii. Individuals born to one or more U.S. citizens. Individuals adopted by one or more U.S. citizens and residing in the United States prior to reaching the age of 16, and

iii. Individuals who have been lawfully naturalized per 8 U.S.C. §§ 1421 and 1448.

a) Acceptable verification of U.S. citizen or a U.S. national status is listed below. Verification from one list is only acceptable if no verification from any preceding list is available. In the absence of an item from List A (Subparagraph i below) separate verification from List B (Subparagraph ii) must be provided. In the absence of items from both Lists A and B, all verifications from List C (Subparagraph iii) must be provided.

i. List A includes-

a. A data match showing U.S. citizenship or U.S. national status with a state or national database such as-

1. the State Data Exchange (SDX),

2. the Beneficiary and Earnings Data Exchange (BENDEX),

3. the State Verification and Exchange System (SVES); or

4. the Systemic Alien Verification for Entitlements (SAVE) system;

b. A U.S. public birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (if born on or after January 13, 1941), Guam, the Virgin Islands of the U.S., American Samoa, Swain's Island, or the Northern Mariana Islands (after November 4, 1986 (NMI local time)). The birth record document may be issued by the state, commonwealth, territory or local jurisdiction. It must have been recorded before the person was 5 years of age.

If the document shows the individual was born in Puerto Rico, Guam, the Virgin Islands of the U.S., or the Northern Mariana Islands before these areas became part of the U.S., see Subparagraph iii below.

c. A U.S. passport, including U.S. passport card: a U.S. passport need not be currently valid to be accepted as evidence of U.S. citizenship as long as the passport was initially issued for the full validity period based on the persons age and for a period of five years or more. An expired passport that was initially issued less than the full validity period based on the persons age may be used as proof of identity only.

d. A Report of Birth Abroad of a U.S. Citizen issued by the U.S. Department of State;

e. A Certification of Report of Birth issued by the U.S. Department of State;

f. A Certificate of Naturalization issued by the U.S. Department of Homeland Security (DHS) or its predecessors;

g. A Certificate of U.S. Citizenship issued by the U.S. Department of Homeland Security (DHS) or its predecessors;

h. A U.S. Citizen I.D. Card issued by DHS or its predecessors;

i. A Northern Mariana Identification Card issued by DHS or its predecessors; or

j. An American Indian Card issued by DHS or its predecessors with the classification code "KIC" and a statement on the back denoting U.S. citizenship.

ii List B includes -

a. A religious record recorded in the U.S. within three months of birth showing the birth occurred in the U.S. and showing either the date of the birth or the individual's age at the time the record was made. The record must be an official record recorded with a religious organization. (Entries in a family bible, for example, are not considered religious records.);

b. A document showing employment by the U.S. government before June 1, 1976;

c. Early school record showing a U.S. place of birth. The school record must show the name of the child, the date of the admission to the school, the date of the birth, a U.S. place of birth, and the name(s) and place(s) of the birth of the applicant's parents;

d. A federal or state census record showing U.S. citizenship or a U.S. place of birth and the individual's age or date of birth;

e. One of the following documents that show a U.S. place of birth;

1. Seneca Indian tribal census record;

2. Bureau of Indian Affairs tribal census records of the Navajo Indians;

3. U.S. State Vital Statistics official notification of birth registration;

4. A delayed U.S. public birth record that is recorded more than five years after the person's birth;

5. Statement signed by a physician or midwife who as in attendance at the time of birth; or

6. Bureau of Indian Affairs Roll of Alaska Natives.

f. A final adoption decree showing the child's name and U.S. place of birth;

g. In situations where an adoption is not finalized and the state in which the child was born will not release a birth certificate prior to a final adoption, a statement from a state approved adoption agency that shows the child's name and U.S. place of birth. The adoption agency must state in the certification that the source of the place of birth information is an original birth certificate;

h. A U.S. Military Record showing a U.S. place of birth;

i. An extract of a hospital record on hospital letterhead, indicating a U.S. place of birth. The hospital record must have been established at the time of the person's birth and created at least five years before the initial application date for TANF. A souvenir "birth certificate" issued by a hospital does not satisfy this requirement;

j. A life, health, or other insurance record showing a U.S. place of birth. The record must have been created at least five years before the initial application date for TANF;

k. Medical (clinic, doctor, or hospital) record showing a U.S. place of birth created at least five years before the initial application date for TANF. (For children under the age of 16, the document must have been created near the time of birth or five years before the date of application.) An immunization record alone is not considered a medical record for purposes of establishing U.S. citizenship.

l. A public birth certificate showing birth in Puerto Rico, prior to January 13, 1941, U.S. Virgin Islands June 28, 1932, Northern Mariana Islands (NMI) or Trust Territory of the Pacific Islands (TTPI) November 5, 1986. The birth record document may be issued by the state, commonwealth, territory or local jurisdiction. It must have been recorded before the person was 5 years of age.

m. For individuals born in Puerto Rico prior to January 13, 1941

1. Evidence of birth in Puerto Rico and the person's statement that were residing in the U.S., a U.S. possession, or Puerto Rico on January 13, 1941; or

2. Evidence that the person was a Puerto Rican citizen and the person's statement that they were residing in Puerto Rico on March 1, 1917 and that they did not take an oath of allegiance to Spain.

n. For individuals born in the U.S. Virgin Islands prior to June 28, 1932

1. Evidence of birth in the U.S. Virgin Islands, and the person's statement of residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927;

2. The person's statement indicating residence in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U.S. possession, or the U.S. Virgin Islands on February 25, 1927, and that the person did not make a declaration to maintain Danish citizenship; or

3. Evidence of birth in the U.S. Virgin Islands and the person's statement indicating residence in the U.S., a U.S. possession, or Territory or the Canal Zone on June 28, 1932.

o. Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands {TTPI}):

1. Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. Territory or possession on November 3, 1986 (NMI local time) and the person's statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time);

2. Evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975 and the person's statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or

3. Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that they did not owe allegiance to a foreign state on November 4, 1986 (NMI local time).

If an individual entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the person is not a U.S. citizen.

p. Evidence, from list A above, of the U.S. citizenship of the individual's parents, evidence of the relationship of the individual to the parents, and evidence that at least one parent resided in the U.S. or an outlying possession prior to the individual's birth;

q. Evidence, from list A above, that one of the individual's parents is a U.S. citizen and that the other is a U.S. citizen parent, and evidence that the U.S. citizen parent resided in the U.S., a U.S. possession, American Samoa or Swain's Island for a period of at least one year prior to the applicant's birth.

r. Evidence, from list A above, of the U.S. citizenship of the individual's mother, evidence of the relationship to the applicant and-

1. For births on or before December 24, 1952, evidence that the mother resided in the U.S. prior to the applicant's birth, or

2. For births after December 24, 1952, evidence that the mother had resided, prior to the child's birth, in the U.S. or a U.S. possession for a period of one year.

s. A birth certificate showing birth in the Canal Zone on or after February 26, 1904 and before October1, 1979 and evidence, from list A above, that one parent was a U.S. citizen at the time of the individual's birth;

t. A birth certificate showing birth in the Republic of Panama on or after February 26, 1904 and before October 1, 1979 and evidence, from list A above, that at least one parent was a U.S. citizen and evidence that the parent was employed by the U.S. government or the Panama Railroad Company or its successor in title.

u. A marriage license showing marriage prior to September 22, 1922, and evidence, from list A above that the spouse was a U.S. citizen.

v. Institutional admission papers from a nursing facility, skilled care facility or other institution, showing a U.S. place of birth, created at least five years before the initial application for TANF.

iii. List C includes-

In the absence of any of the above verifications, all of the following must be provided:

a. A written affidavit of citizenship signed, under penalty of perjury, from a third party indicating a reasonable basis for personal knowledge that the member in question is a U.S. citizen or non-citizen national. The signed statement must acknowledge that the individual signing the affidavit recognizes that providing a false statement may result in penalties including disqualification from Public Assistance and Supplemental Nutrition Assistance Programs, and criminal penalties including a fine of $500 and 11 months of imprisonment.

b. Verification of the identity of the third party who signed the affidavit from List A above.

c. Verification of the citizenship or noncitizen national status of the third party who signed the affidavit from List A above; and

d. An affidavit signed by the individual, their guardian, or their authorized representative explaining why no verification from List A through B above exist or can be obtained.

3.INDIVIDUALS WHO ARE NOT U.S. CITIZENS OR NATIONALS BUT ARE POTENTIALLY ELIGIBLE FOR FEDERALLY FUNDED TANF/PaS

a) Acceptable Verification

i. A data match with the United States Department of Homeland Security (DHS) is the controlling verification type. Should there be a discrepancy between this data match and the status attested to by the individual the Department shall-

a. Use the status verified through the data match for all eligibility determinations; and

b. Provide the individual with contact information to resolve the conflict with DHS.

ii. In instances that a particular status type cannot be verified through a data match with DHS, "Supplemental Verifications" may be provided to aid in the data match verification process. All requests for verification will be made in writing in accordance with the "Verification and Documentation" standards as defined in Chapter I, Section D (5).

a. Supplemental Verification serves two purposes:

1. These documents may aid the Department in securing required data matches.

2. In instances where a response from DHS indicates that DHS cannot yet provide a definitive result due to a technical error, the Department shall honor the attested to status on the supplemental verification until such time that a data match response is received from DHS.

b. Unless detailed otherwise within the type below, Supplemental Verification is the most current version of a letter or other document from DHS that includes-

1. a statement that the individual has been granted a noncitizen status,

2. this individual's full name, and

3. at least one of the following:

(a) the individual's social security number,

(b) the individual's immigration related A-Number,

(c) the individual's passport number, or

(d) the individual's date of birth

b) Individuals with the following non-citizen types are potentially eligible for federally funded benefits

i. North American indigenous people born in Canada.

a. Description Individuals born in Canada who have at least 50% of their racial heritage from North American indigenous peoples.

b. Special Conditions Individuals who have this status, who are not considered U.S nationals and who began their residency in the U.S. on or after August 22, 1996 are subject to a 5 year waiting period from their initial date of residency; or meet one or more of the special conditions detailed in the "Special Conditions for Federally Funded TANF/PaS" in Paragraph c below.

c. Supplemental Verification of this type is a Ketchikan Indian Community (KIC) American Indian Card.

ii. Refugees

a. Description

1. Individuals granted and retaining refugee status pursuant to 8 U.S.C. § 1157; or

2. Individuals who were granted refugee status and did not have it terminated pursuant to 8 U.S.C. § 1157 who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

Individuals who have been granted this status and have not had it terminated pursuant to 8 U.S.C. § 1157 have no waiting period or other conditions described in this section to receive benefits, even if they currently hold a different status.

iii. Asylees

a. Description

1. Individuals granted and retaining asylum pursuant to 8 U.S.C. § 1158 or

2. Individuals who were granted asylum and did not have it terminated pursuant to 8 U.S.C. § 1158 who now have a different status such as Lawful Permanent Resident.

b. Special Conditions Individuals who have been granted this status and have not had it terminated pursuant to 8 U.S.C. § 1158 have no waiting period or other conditions described in this section to receive benefits, even if they currently hold a different status.

iv. Deportees whose deportation is withheld

a. Description

Individuals who are not being deported because they meet the conditions of-

1.8 U.S.C. § 1231(b)(3) or

2.8 U.S.C. § 1253(a)(3).

b. Special Conditions

Individuals who have been granted this status and have not had it terminated, have no waiting period or other conditions described in this section to receive benefits.

v. Cuban and Haitian Entrants

a. Description

1. Individuals granted and retaining Cuban and Haitian entrant status as defined in the notes of 8 U.S.C. § 1641.

2. Individuals who were granted Cuban and Haitian entrant status as defined in the notes of 8 U.S.C. § 1641 and did not have it terminated who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

Individuals who have been granted this status and have not had it terminated have no waiting period or other conditions described in this section to receive benefits, even if they currently hold a different status.

c. Additional Supplemental Verification

To aid in the verification process, individuals with this non-citizenship status are encouraged to provide-

1. Both-

(a) a Cuban or Haitian Passport or birth certificate and

(b) the most current version of a letter or other document from DHS stating that they have received an application for asylum or a document showing a future court date concerning removal for the individual that contains the individual's full name and at least one of the following:

(i) the individual's social security number,

(ii) the individual's immigration related A-Number,

(iii) the individual's passport number, or

(iv) the individual's date of birth.

vi. Certain Amerasian Immigrants

a. Description

1. Individuals granted and retaining lawful presence in the United States per the Amerasian Immigration conditions defined in the notes of 8 U.S.C. § 1101.

2. Individuals who were granted lawful presence in the United States per the Amerasian Immigrations conditions defined in the notes of 8 U.S.C. § 1101 and did not have it terminated who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

Individuals who have been granted this status and have not had it terminated are not subject to a five year waiting period or other conditions described in this section to receive benefits, even if they currently hold a different status.

vii. Iraqi Special Immigrants

a. Description

1. Individuals granted and retaining Special Immigrant Status for Certain Iraqis defined in the notes of 8 U.S.C. § 1157.

2. Individuals who were granted Special Immigrant Status for Certain Iraqis as defined in the notes of 8 U.S.C. § 1157 and did not have it terminated who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

viii. Afghan Special Immigrants

a. Description

1. Individuals granted and retaining Special Immigrant Status for Certain Afghans as defined in the notes of 8 U.S.C. § 1157.

2. Individuals who were granted Special Immigrant Status for Certain Afghans and did not have it terminated who now have a different status such as Lawful Permanent Resident.

b. Special Conditions

ix. Afghan Humanitarian Parolees

a. Description

Individuals granted Afghan humanitarian parole between July 31, 2021 and September 30, 2023.

b. Special Conditions

Individuals who have been granted this status and have not had it terminated are not subject to a five year waiting period.

Unless they move to another qualifying status, individuals who are eligible based on this status lose eligibility the later of

1. March 31, 2023 or

2. the end of their parole term.

x. Certain Hmong and Highland Laotians

NOTE: Most individuals who would be eligible in this category are also eligible as Refugees (See Subparagraph ii above).

a. Description

1. Individuals lawfully residing in the U.S. who were a tribal member of a Hmong or Highland Laotian tribe at the time the tribe assisted the U.S. in a military or rescue operation between August 5, 1964 and May 7, 1975, or

2. The spouse and/or unmarried dependent children of an individual described in 1 above, or

3. The unmarried, surviving spouse and dependent children of a deceased person described in 1 above except that the tribal member does not have to be lawfully residing in the U.S.

b. Special Conditions

Individuals who have this status, who are not considered U.S nationals and who began their residency in the U.S. on or after August 22, 1996 are subject to a 5 year waiting period from their initial date of residency; or meet one or more of the special conditions detailed in the "Special Conditions for Federally Funded TANF/PaS" in Paragraph c below.

c. Additional Supplemental Verification-

1. For the tribal member

(a) A data match with the United States Department of Homeland Security (DHS) showing-

(i) A lawful presence;

(ii) A date of birth prior to May 8, 1975;

(iii) A country of birth of Laos, Thailand, Cambodia, China, Vietnam, The Philippines, Indonesia, Hong Kong, Malaysia, or Singapore; and

(iv) A land date after March 1975.

If the land date is prior to April 1975, the standard is still met if the individual was in the U.S. as a student, for military training, to escape the war, or some similar purpose.

and

(b) Their name is listed on the Refugee Data Center list, or

(c) If they cannot be found on the Refugee Data Center list an affidavit signed by the tribal member or, if they are deceased, their surviving spouse or child swearing under the penalty of law that the individual was a member of a Hmong or Highland Laotian tribe between August 5, 1964 and May 7, 1975.

2. For the current or surviving spouse, or dependent child

(a) verification of the eligibility of a tribal member as detailed in 1 above, and

(b) verification of the relationship to the tribal member such as a birth certificate, marriage license or tax records.

xi. Individuals who have been subject to severe forms of trafficking, their spouses, minor children, parents, and siblings

a. Description

1. Individuals meeting the definition of "victim of a severe form of trafficking in persons" as defined at 22 U.S.C. § 7105(b)(1)(C) or meeting all but the age requirement, and

2. The spouse, minor child, parent or sibling of such an individual who holds a T Visa.

b. Special Conditions

c. Additional Acceptable Verification of this type is-

Verification through the trafficking victims' verification toll-free number, (866) 401-5510.

xii. Certain individuals who have been battered and certain relatives of theirs

a. Description

1. Individuals granted and retaining immigrant status under the conditions of 8 U.S.C. § 1154(a)(1)(A)(iii), (iv), (v)(I)(cc), (vii) or 1154(a)(1)(B)(ii), (iii), or (iv)(I)(cc).

2. Individuals granted immigrant status under the conditions of 8 U.S.C. § 1154(a)(1)(A)(iii), (iv), (v)(I)(cc), (vii) or 1154(a)(1)(B)(ii), (iii) or (iv)(I)(cc) who did not have it terminated and now have a different status such as Lawful Permanent Resident.

NOTE: Generally speaking, these are spouses and children of individuals lawfully in the U.S. who were battered while in the U.S. or are the parent or unmarried child of the battered individual. They must not be currently residing with the batterer.

b. Special Conditions

To be potentially eligible for federally funded benefits these individuals must, also meet one or more of the special conditions detailed in the "Special Conditions for Federally Funded TANF/PaS" in Paragraph c below.

c. Additional Acceptable Verification of this type is-

1. A letter or other document from DHS, a court, or a law enforcement agency demonstrating a substantial likelihood that the individual, their parent, or a family member there of that contains the individual's full name and at least one of the following:

(a) the individual's social security number,

(b) the individual's immigration related A-Number,

(c) the individual's passport number, or

(d) The individual's date of birth.

And

2. A data match with the United States Department of Homeland Security (DHS) showing a lawful presence.

xiii. Certain individuals who have been lawfully admitted for permanent residence

a. Description

Individuals meeting the definition of "lawfully admitted for permanent residence" as defined at 8 U.S.C. § 1101(a)(20).

b. Special Conditions

xiv. Certain individuals who have been paroled into the U.S. for at least one year for urgent humanitarian reasons or significant public benefit.

a. Description

Individuals granted, for at least one year, and currently retaining immigrant status under the conditions of 8 U.S.C. § 1182(d)(5).

b. Special Conditions

xv. Certain individuals who were granted conditional entrance prior to April 1, 1980

a. Description

Individuals granted conditional entrance per 8 U.S.C. § 1153(a)(7) as it was in effect May 31, 1980. The text of this law can be found at https://uscode.house.gov/statviewer.htm?volume=79&page=912#.

Individuals may also request copies by writing to:

Rules Manager

Maine DHHS, Office for Family Independence

11 State House Station

109 Capitol St.

Augusta, ME 04333-0011

b. Special Conditions

c. Acceptable Verification of this type is a data match with the United States Department of Homeland Security (DHS) showing conditional entrance granted prior to April 1, 1980.

c)Special Conditions for Federally Funded TANF/PaS

In addition to the requirements of Paragraph b, above, at least one of the following special circumstances must be met for some individuals (as indicated in their "Special Conditions" above) to be potentially eligible for federally funded TANF/PaS:

i. The individual has been continually present in the U.S. with the latest date of entry being prior to August 22, 1996.

ii. The individual has lived in the U.S. for a period of 5 years from the date of entry occurring on or after August 22, 1996.

iii. The individual is a veteran of or on active duty in the United States Armed Forces or is the spouse or unmarried dependent child of a veteran or active service member.

Acceptable verification of this condition is:

a. Documents from the applicable branch of the Armed Services showing current active duty status, other than training, that contains the service member's full name and either their date of birth or social security number; or

b. Documents from the Veteran's Administration showing veteran status that contains the veteran's full name and either their date of birth or social security number, with a discharge characterized as an honorable discharge and not on account of citizenship status.

c. Verification that an individual meets this condition based on being the spouse or dependent child of the service member or veteran is-

1. Documents from the applicable branch of the Armed Services or Veteran's Administration showing eligibility for military or veterans benefits as a child or spouse that contains the individual's full name and either their date of birth or social security number; or

2. The verifications detailed in (a) or (b) above, and

(a) For a spouse, a marriage license naming the service member or veteran as the individual's spouse, or

(b) For a dependent child a birth certificate or adoption record naming the service member or veteran as the individual's parent and school records naming the individual as a current student.

iv. The individual has 40 qualifying quarters of work.

a. This condition must be verified through a data match with the Social Security Administration (SSA).

b. If the initial data match does not show 40 qualifying quarters, the individual states they have 40 qualifying quarters, and the individual is otherwise eligible, the Department shall issue federally funded benefits for up to six months while the individual works with the SSA to rectify the count. If, after six months a data match with the SSA still does not show 40 qualifying quarters, the household will be responsible for repaying the benefits issued in error.

NOTE: quarters attributed from a spouse cannot be counted if the individual divorced the spouse prior to the most recent certification for TANF/PaS.

4.INDIVIDUALS WHO ARE NOT U.S. CITIZENS OR NATIONALS BUT ARE POTENTIALLY ELIGIBLE FOR STATE FUNDED TANF/PaS

An individual who is not a citizen or national of the United States must present proof of immigration registration from the U.S. Citizenship and Immigration Services (USCIS), Department of Justice (DOJ) or other documents indicating the individual's qualifying noncitizen status.

a) Acceptable Verification

i. A data match with the United States Department of Homeland Security (DHS) or electronic verification through the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) are the controlling verification types. Should there be a discrepancy between the data match and the status attested to by the individual. The Department shall-

a. Use the status verified through the data match for all eligibility determinations; and

b. Provide the individual with contact information to resolve the conflict with DHS.

ii. In instances that a particular status type cannot be verified through a data match with DHS or DOJ, "Supplemental Verifications" may be provided to aid in the data match verification process. All requests for verification will be made in writing in accordance with the "Verification and Documentation" standards as defined in Chapter I, Section D (5).

a. Supplemental Verification serves two purposes:

1. These documents may aid the Department in securing required data matches.

2. In instances where a response from DHS indicates that DHS cannot yet provide a definitive result due to technical error, the Department shall honor the attested to status on the supplemental verification until such time that a data match response is received from DHS or DOJ.

b. Unless detailed otherwise within the type below, Supplemental Verification is the most current version of a letter or other document from DHS, DOJ or a signed affidavit from an attorney that includes-

1. a statement that the individual has applied for or been granted a noncitizen status,

2. this individual's full name, and

3. at least one of the following:

(a) the individual's social security number,

(b) the individual's immigration related A-Number,

(c) the individual's passport number, or

(d) the individual's date of birth

b) Individuals with the following non-citizen types are potentially eligible for state funded TANF/PaS:

i. Any individual with a non-citizen type as described in Subsection 3(b)(xii) through (xv) above except that they do not meet the "Special Conditions for Federally Funded TANF/PaS" described in Subsection 3(c) above.

To be potentially eligible for state funded benefits these individuals must, also meet one or more of the conditions detailed in the "Special Conditions for State Funded TANF/PaS" in Paragraph c below.

ii. Certain asylum seekers

a. Description

Individuals who have filed an application for asylum and for withholding of removal with DHS or DOJ.

b. Special Conditions

To be potentially eligible for state funded benefits these individuals must, also meet one or more of the special conditions detailed in the "Special Conditions for State Funded TANF/PaS" in Paragraph c below.

iii. Certain individuals with temporary protected status

a. Description

Individuals who have been granted and retain temporary protected status per 8 U.S.C. § 1254(a).

b. Special Conditions

c)Special Conditions for State Funded TANF/PaS

In addition to the requirements of Paragraph b, above, at least one of the following special circumstances must be met for individuals to be potentially eligible for state funded TANF/PaS (as indicated in their "Special Conditions" above):

i. The individual is 65 years of age or older as evidenced by any government issued document.

ii. The individual has a disabling condition

a. Description

The individual meets the definition of blind or disabled per 42 U.S.C. § 1382(c).

b. Acceptable verification of this condition is-

1. The individual receiving disability related cash or medical assistance from OFI,

2. A data match with the Social Security Administration (SSA) showing the individual is receiving disability related cash or medical assistance from them,

3. A letter or other document from SSA showing the individual is eligible for disability related medical or cash assistance, or a favorable disability determination that is dated within the past 90 days and includes the individual's full name and either their date of birth or social security number; or

4. A favorable disability determination from Maine's Medical Review Team.

iii. The individual or their parent cannot legally work due to a required waiting period.

a. Description

1. The individual is subject to and within a required waiting period before they can apply for an Employment Authorization Document (EAD),

2. The individual is eligible for an EAD and has applied for it, but has not received it, or

3. The individual is under 18 years of age and one or more of their parents in their household meets (1) or (2) above.

b. Acceptable verification of this condition is-

1. A data match with DHS or EOIR showing that the individual is subject to and within a waiting period to apply for an EAD;

2. A data match with DHS showing that the individual has applied for Employment Authorization, but it has not yet been approved; or

3. Verification that the individual is an asylum seeker (See Paragraph b(ii)(c) of this Subsection) and that same verification shows that the application was received recently enough that the individual is still within the waiting period to apply for an EAD.

4. For a child under 18 years of age verification also includes either-

(a) a birth certificate or adoption record naming the person verified as eligible as the individual's parent, or

(b) a signed affidavit from the person verified as eligible that the child is theirs.

iv. The individual or their parent was issued an EAD but is currently unemployed

a. Description

1. The individual was issued an EAD but has not found employment;

2. The individual was issued an EAD and lost all forms or employment; or

3. The individual is under 18 year of age and one or more of their parents in the household fits (1) or (2) above.

b. Acceptable verification of this condition is verification of the end of any known employment consistent with Chapter I, Section D(5)(a) and Chapter IV, Section E(1), and-

1. Prior information in the OFI system that the individual received EAD, or

2. A data match with DHS showing that the individual received an EAD.

3. For a child under 18 years of age verification also includes either-

(a) a birth certificate or adoption record naming the person verified as eligible as the individual's parent, or

(b) a signed affidavit from the person verified as eligible that the child is theirs.

v. The individual's household is experiencing the effects of domestic violence

a. Description

One or more members of the household are dealing with the effects of domestic violence including-

1. Physical acts/threats of physical injury,

2. Sexual abuse or assault of a child or caretaker of a child, or

3. Psychological effects of the abuse.

b. Acceptable verification of this condition is a letter or other document that indicates the household member is experiencing domestic violence or the effect thereof from:

(a) DHS,

(b) a court,

(c) a law enforcement agency,

(d) a governmental child or adult protective agency,

(e) a licensed social worker,

(f) a medical professional, or

(g) A sworn statement from the applicant or recipient may be provided, or a department issued form can be completed, attesting to the circumstances that provide the basis for the exception. Supporting documentation may be required if articulable doubt exists regarding the credibility of the provided statements or forms.

5.PROCESSING PROCEDURES

a) General Rules

i. Citizenship, noncitizen status, and the special conditions described in this section must be verified at application or any time a change in these factors is reported by the household or a third party.

ii. The status of any noncitizen must, ultimately, be verified through a data match.

iii. The same Verification and Documentation, Time and Processing Standards, and Application Notification that apply to all other aspects of application or change reporting also apply to citizenship, noncitizen status, and the special conditions described in this section. These standards can be found in Chapter 1, Section D(5) through (7).

iv. Citizenship, noncitizen status and the special conditions described in this section only need to be verified for individuals attesting that such factors make them potentially eligible for benefits. Individuals who state their noncitizen status makes them ineligible do not need to have their status verified. Other information, such as their income or assets may need to be verified.

v. The presence of an ineligible member in the household does not preclude eligible members from receiving TANF/PaS. The countable portion of their income or assets may render the remaining members ineligible. (See Chapter II, Section B(1)(c) and Chapter IV, Sections A, C, D(5), and E(4)(b).)

b) Processing

i. Applicants and recipients are encouraged to provide the following at application or anytime they experience a change in citizenship or noncitizen status or special conditions described in this section:

a. a declaration of their citizenship or noncitizen status and any special conditions described in this section,

b. Their full name and date of birth (citizens naturalized after their date of birth are encouraged to provide their date of naturalization as well) and at least one of the following enumerators:

1. For citizens and noncitizen nationals-

(a) a social security number, or

(b) naturalization/citizenship number.

2. For noncitizens-

(a) an immigration related A-Number,

(b) an 1-94 number,

(c) a card/receipt number from a DHS document,

(d) a passport number from a foreign passport and the name of the issuing country,

(e) a U.S. Visa number

(f) a Student and Exchange Visitor Information System (SEVIS) number, or

(g) Any documentation that would serve as acceptable or supplemental verification of the declared citizenship, noncitizen status or special conditions as defined in Sections 3 and 4 above for the respective declaration of status or special conditions.

ii. At initial application or a reported change in citizenship, noncitizen status or special conditions the Department shall verify that the individual has provided the items detailed in Subparagraph i above.

iii. If the individual states that they are a citizen or national of the United States the following processes apply:

a. If their status was previously verified with OFI, it is verified;

b. If they provide Acceptable Verification, their status is verified;

c. If they were not previously known to OFI and they do not provide Acceptable Verification the following processes apply:

1. If they do not provide their full name, the date they became a citizen or national, and a social security number:

(a) Their status is not verified; and

(b) The Department shall request this information and documentation in writing.

(i) If they provide documentation, their status is verified.

(ii) If they provide their full name, the date they became a citizen or national, and a social security number or naturalization/citizenship number to the steps outlined in 2 below apply.

(iii) If they do not timely provide documentation or their full name, the date they became a citizen or national, and a social security number or naturalization/citizenship number, they are ineligible for failure to provide required documentation.

2. If they provide their full name, the date they became a citizen or national, and a social security number or naturalization/citizenship number-

(a) their status is temporarily honored; and

(b) the Department shall attempt a data match to verify their status indefinitely.

(i) If the data match is successful, their status is verified.

(ii) If the data match is not successful, the Department shall request documentation from the individual in writing.

1) If documentation is provided, the status is verified.

2) If documentation is not provided timely the individual is ineligible for failure to provide required documentation.

d. If they were previously known to OFI and had declared citizenship, but it had not been verified and they do not provide documentation, the Department shall request documentation from the individual in writing.

1) If documentation is provided, the status is verified.

2) If documentation is not provided timely the individual is ineligible for failure to provide required documentation.

iv. If the individual states they are an eligible non-citizen other than a non-citizen national, the following processes apply:

a. If the only acceptable verification of their status and/or special conditions is a data match the following processes apply to those elements.

1. If the individual has not provided their name, date of birth, and at least one enumerator listed in Subparagraph i(b)(2) above, the Department shall request them and any Acceptable or Supplemental Verification in writing.

(a) If they provide at least their name, date of birth and an enumerator, the appropriate steps per 2 below apply.

(b) If they do not provide at least their name, date of birth and an enumerator timely, they are ineligible for failure to provide required verifications.

2. If the individual provides their name, date of birth, and at least one enumerator listed in Subparagraph i(b)(2) above, the Department shall attempt a data match to verify their status and special conditions.

(a) If the data match supports the declaration(s) of status and special conditions they are verified until a change is reported.

(b) If the data match with DHS does not support the declared noncitizen status or special conditions, the Department shall request documentary verification from the individual in writing (if it has not yet been provided or requested) and attempt subsequent data matches.

(i) If at any point the data match supports the declaration(s) of status and special conditions they are verified until a change is reported.

(ii) If the data match reflects the attested status and conditions but shows a subsequent change of status and/or conditions, the most recent status and conditions reflected in the data match are verified until a change is reported.

(iii) If the household refuses or fails to provide verification timely, the individual is ineligible for failure to provide required documentation.

(c) If documentary verification has been provided, the Department shall attempt a data match in a period not to exceed 7 calendar days from the date the documentary verification is received by the Department. The attested status or special conditions are honored until such time that the data match provides the Department with a response based on the documentary verification provided by the applicant. If otherwise eligible, benefits will be granted until the data match response is received.

b. Special process for declarations that must or can be verified through means other than a data match or documentation (e.g. Individuals who have been subject to severe forms of trafficking).

The Department shall attempt to secure Acceptable Verifications via phone, fax, or other methods prescribed by the verifying agency.

1. If Acceptable Verification is provided, the declaration is verified.

2. If the agency verifies that the declaration is not applicable, the lack of status or special consideration is verified.

3. If additional information is needed to secure verification, the Department shall request it and any related documentation from the individual in writing.

(a) If the necessary information is provided, the Department will attempt to secure the verification again.

(b) If the necessary information is not provided timely, the individual is ineligible for failure to provide required verification.

D.SOCIAL SECURITY NUMBER

(1) All individuals applying for or receiving TANF/PaS must furnish the agency with a Social Security Number or proof of application for a Number. The Social Security Number must be furnished to the department when it has been received.

(2) When an individual fails to apply for a Social Security Number or furnish the Number when received, the individual is not eligible. The individual's income, assets, and needs, will be excluded.

a) When the individual is a stepparent, they are an "excluded stepparent" for eligibility purposes. The individual's income, assets, and needs, will be excluded. (See Ch. III.)

b) When none of the children has a Social Security Number, or has not made application for one, the household is ineligible. There are no eligible children.

E.RELATIONSHIP AND MAINTENANCE OF A HOME

(1) In order to be eligible for TANF/PaS, a child must be living with a specified relative, as provided by subsection (a) below, and living in a home maintained by that specified relative; and both elements must be expected to continue at least 30 days beyond the date of application.

(2)Relationship:

a) Only "specified relatives," people with the following relationships to the child, may apply for and receive assistance on behalf of the child:

i. Biological, legal, adoptive, and step- fathers, mothers, siblings, and half siblings;

a. For purposes of subsection (i), above, the legal guardian(s) of a child as well as an "Indian custodian" as defined in the Indian Child Welfare Act of 1978, 25 U.S.C. § 1903 (6) are included within the category "legal" for purposes of qualifying as "specified relatives".

b. The spouses of any of the above persons, except those detailed in subsection i (a), above, even if the marriage has been terminated by death or divorce;

ii. Biological, legal, adoptive, and step grandparents, uncles, aunts, first cousins, and the spouses thereof even if the qualifying marriage has been terminated by death or divorce (see chart in Appendix page 5);

iii. Biological, legal, adoptive, and step great and great-great grandparents, great and great-great uncle or aunt, first cousins once removed, nephews and nieces;

iv. Minor Parent: If the applicant-child's parent is a minor, and the minor is not maintaining a home for the child according to 3 (b), below, the specified relative must be the minor parent's adult specified relative as provided in sections a (i-iii), above, or the representative of a certified, state-approved, adult-supervised supportive living arrangement providing food, shelter, counseling, supervision, and guidance to the minor parent. A child whose minor parent is maintained by a foster care payment is not eligible for TANF/PaS if both are residing in a licensed facility. In those instances, the foster care program must provide for the child as well as the minor parent.

b) A pregnant person who has no other children who meet the non-financial requirements of TANF/PaS in her household, starting with the sixth month of pregnancy, and whose pregnancy has been verified by a medical statement that includes the expected date of birth may be eligible for an adult-only grant.

c) Children placed with specified relatives in Maine under the Interstate Compact on Placement of Children are not eligible for TANF/PaS in Maine. The out-of-state agency that placed the children in Maine continues to be responsible for those children during the placement period.

(3)Maintenance of a Home: The specified relative is maintaining a home by providing a safe and healthy environment for the child, and by assuming the responsibility for the day-to-day care of the child, regardless of pending court decisions about legal custody.

a)Shared Custody:

i. If the child lives part of the time with each parent, the parent with whom the child lives over 50% of the time must apply for the child.

ii. If the child lives 50% of the time with each parent, either parent can apply for the child but not both.

b)Minor Parent or a Pregnant Minor: A minor parent or pregnant minor is maintaining a home within the meaning of this section only if:

i. The minor parent or pregnant minor is married; or

ii. The minor parent or pregnant minor does not live with a specified relative as provided in 2 (a) above and:

a. The minor parent or pregnant minor has no living parent;

b. Neither of the minor parent or pregnant minor's parent's whereabouts is known;

c. Neither of the minor parent or pregnant minor's parents will permit them to live with the parents;

d. The Department has determined that the physical or emotional health or safety of the minor parent and their child, or that of the pregnant minor, would be jeopardized if they live with the parent(s);

e. The minor parent has lived apart from their parent(s) for at least a year prior to the child's birth; or

f. The minor parent or pregnant minor has a similar justifiable reason for not residing with either parent that has been approved by the TANF Program Manager.

c)Temporary absence from the home: Within five days of the date that it becomes clear to a specified relative that a child will be absent from the home for 45 days or longer, the specified relative must notify the Department of the anticipated absence of the child from the home. See (i) below. Failure to notify the Department within the specified period will result in the removal of the specified relative from the grant.

i. A child who is absent from the home for 45 days or longer and the child's specified relative remain eligible for TANF/PaS under this section if the specified relative has full responsibility for the supervision and guidance of the child, maintains a home for the child during vacation, and any delegation of authority is temporary, voluntary and revocable. The child or specified relative must return home at the completion of the reason for separation unless the separation continues for a reason below, or another similar reason:

a. For the child to secure education when high school facilities are not available in the area of residence or when the existing facilities do not meet the child's educational and/or social needs;

b. The child is residing in a private treatment center because of physical/emotional problems;

c. The child is attending a specialized school for children with disabilities, provided there are no services available in the child's own community;

d. The child is attending a vocational or technical school, college, or university until the child's 18^th birthday;

e. The specified relative or child has left the home to obtain necessary medical care for an illness; or

f. The child has been placed in an approved voluntary foster home by the Office of Child and Family Services and the plan is that the child will return to the home and when there is no foster care payment being made for that child.

F.FILING UNIT

(1)Mandatory Inclusion: The parent(s), siblings, and half siblings, living in the same home as the child for whom assistance is requested must be included as members of the same filing unit. When an individual is required by the operation of this rule to be in more than one unit, the units must be consolidated. A mandatory member of the filing unit shall be excluded from the assistance group in the following circumstances. The excluded member's income and/or assets may be considered depending on the member's relationship to the filing unit. See Chapters III and IV for detail.

a) Recipient of Supplemental Security Income (SSI): A TANF/PaS eligible individual who is also eligible for SSI or State Supplement benefits may choose to receive one or the other but may not receive both TANF/PaS and SSI/State Supplement. If the child chooses to receive SSI/State Supplement the otherwise eligible specified relative may receive TANF/PaS.

b) Receipt of Foster Care or Adoption Assistance: A TANF/PaS eligible individual who is also eligible for a Foster Care or Adoption Assistance payment, whether from federal, state or local funds, may choose to receive either TANF/PaS or foster care or adoption assistance but may not receive both. If the child chooses to receive a foster care/adoption assistance payment, the child is not considered a member of the assistance group when determining eligibility for the remaining filing unit members. The recipient of the foster care/adoption assistance payment may be the specified relative or the child.

c) Ineligible noncitizens;

d) Individuals who have been sanctioned; Section H (3) below.

e) Individuals convicted in federal or State court of having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two or more states are ineligible for a period of ten years from the date of conviction;

i. This prohibition from receipt of assistance does not apply to any months following the granting of a pardon of such a conviction by the President of the United States.

f) Individuals fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees;

g) Individuals who violate a condition of probation or parole imposed under Federal or State law;

h) Strikers: Individuals participating in a strike, or who are absent from work during the strike period without good cause, on the last day of the month make the entire assistance unit ineligible. Good cause reasons for absence include:

i. Vacation;

ii. Illness;

iii. Emergency that began prior to the strike and continued into the strike period, if the absent worker intends to return to work whether or not the strike continues; or

iv. The absent worker can prove that return to work would jeopardize their health and safety.

(2)Optional Inclusion: The following household members may choose to be included in the filing unit, but are not required to be:

a) Specified relatives and their spouses who are not parents of the dependent child. When specified relatives are excluded but claim the children as dependents for income tax purposes, they have acknowledged that they meet at least half of the child's needs. The benefit level will be determined using half of the appropriate full need standard for the child as countable unearned income.

b) Stepparents and stepsiblings if there is not a mutual child living in the same home, requiring consolidation under subsection 1), above.

c) Household members who choose to be included in the filing unit are subject to the ASPIRE-TANF requirements of Section H., below, to the same extent as if they were mandatory filing unit members.

G.ESTABLISHING PATERNITY AND ASSIGNMENT OF RIGHTS TO SUPPORT

(1) If there is a noncustodial parent, all applicants or recipients must cooperate with the Department in:

a) Identifying and locating the non-custodial parent, and

b) Establishing paternity, and

c) Obtaining support or any other payments, and

d) Must assign to the Department all rights of support on behalf of filing unit members from any legally responsible relative who is absent from the home. This includes any support accrued at the time of the assignment.

(2) As a condition of eligibility, the specified relative must forward to the Department any alimony or child support payments received from the non-custodial parent, beginning the date of the first regular TANF/PaS benefit.

(3) If an applicant or recipient specified relative fails to cooperate with the requirements of this section, the specified relative will be removed from the TANF/PaS grant, and the grant amount will be reduced by the assessed needs of the specified relative or 25% of the grant amount, whichever is greater.

a) If a sanction is applied under this section, eligibility will be determined for the remaining filing unit members, and the TANF/PaS payment will be made to a third party. If there is no appropriate person to act as payee, the payment will continue to be issued to the sanctioned specified relative. The sanction remains in place until the individual complies.

b)Exceptions: Unless the sanction is for failure to comply with subsection 2) of this section (above), the specified relative shall be given the opportunity to claim good cause, orally or in writing, for refusing to cooperate. Good cause can be requested at any time. The Department will investigate claims of good cause per the procedures established in this subsection, and sanctions will not be applied nor benefits withheld while a good cause decision by the Department is pending.

i.Conditions for Good Cause: The following are the conditions under which Good Cause may be granted:

a. The child was conceived as a result of sexual assault:

b. Legal proceedings for adoption of the child are pending before a court:

c. For less than three months, the individual has been assisted by a licensed social service agency to decide whether to place the child for adoption; or

d. The individual or the child is a victim of domestic violence, which includes physical injuries or the psychological effects of abuse, or cooperation would result in physical or emotional harm to the child or other family member.

ii.Evidence to support a claim of good cause: The Department will make a good cause determination without further investigation if a claim of good cause is supported with one of the following documents:

a. Birth certificates, medical or law enforcement records that indicate the child was conceived as a result of sexual assault;

b. Court documents or other records indicating that legal proceedings for adoption are pending before a court;

c. A written statement from a licensed social service agency showing that the applicant or recipient is being assisted in deciding whether to place the child for adoption;

d. Court, medical, law enforcement, child protective, social services (including domestic violence shelters), psychological, or other records indicating that a non-custodial parent or putative father might inflict physical or emotional harm on the child or specified relative; or

e. Sworn statements from individuals other than the applicant or recipient with knowledge of the circumstances that provide the basis for the good cause claim.

f. A sworn statement from the applicant or recipient may be provided or a department issued form can be completed attesting to the circumstances that provide the basis for the good cause claim. Supporting documentation may be required if articulable doubt exist regarding the credibility of the provided statements or forms.

iii. Determination of good cause will be made only if the evidence provided by the applicant/recipient and/or the investigation of the agency confirms that to cooperate may result in physical or emotional harm to one or more of the household member(s). The Department's decision on good cause will:

a. Be in writing,

b. Contain the agency's findings and basis of determination,

c. Be entered into the TANF/PaS record, and

d. Be made within 45 days, unless case record documentation indicates that the Department needs additional time because information required to verify the claim cannot be obtained within the time standard or because the claimant did not provide corroborative evidence within 20 days from the day in which the claim was made.

H.ASPIRE-TANF

(1) Each TANF/PaS specified relative applicant and recipient of TANF/PaS, who is not exempt per subsection (2), below, must participate in ASPIRE and comply with the requirements of that program. Individuals who are exempt may participate on a voluntary basis, and will not be subject to sanction for failing to comply.

(2)Exemptions: Applicants and recipients are exempt from ASPIRE participation if they satisfy one or more of the requirements of this subsection. The Department will review any previously established exemption at every recertification, as a part of the regular eligibility redetermination.

a) An applicant or recipient who is the only custodial parent of a child under one year of age and is personally providing care for that child, except that this exemption may be claimed for no more than a total of 12 months per custodial parent or specified relative in a lifetime. An applicant or recipient may elect not to claim the exemption, and if the recipient does not elect this exemption, they must participate in ASPIRE-TANF and comply with the requirements of the program.

Specified relatives under 20 years of age who have not completed high school or its equivalent may not claim this exemption, and they must attend courses to complete high school, with an emphasis on education in a traditional high school setting.

b) An applicant or recipient who is a VISTA volunteer under the federal Domestic Volunteer Service Act of 1973;

c) An applicant or recipient specified relative who is needed in the home to care for a disabled family member living in the household, provided that the disabled family member is not a full-time student. The need for the TANF/PaS recipient to care for the disabled family member must be verified at least annually through statements by an acceptable medical or mental health source; or

d) An applicant or recipient specified relative who receives Social Security Disability Insurance (SSDI) benefits.

(3)Sanctions: When an individual required by this section to participate in ASPIRE has failed without good cause to participate in or comply with the regulations of the ASPIRE-TANF program, to sign the Family Contract Amendment or to abide by its provisions, to accept employment, or if the individual has voluntarily terminated employment, or voluntarily reduced earnings, the Department will apply a sanction in accordance with this section.

a) Benefits to the individual will be terminated until the failure to comply ceases. If eligible, benefits for the remainder of the family members may continue.

b) When both specified relatives are required to participate in ASPIRE, each must comply with ASPIRE-TANF, each will be sanctioned separately for failure to comply when called upon to participate.

c) Prior to a sanction, the adult recipient shall be provided an opportunity to show good cause for non-compliance. The recipient must demonstrate and verify to ASPIRE-TANF that good cause exists, and no sanction will be issued if the Department determines that the recipient had good cause for noncompliance, under the ASPIRE-TANF Program Rules.

d)Restoring Benefits: Prior to restoration of benefits, the adult(s) or minor parent head(s) of household must sign a new Family Contract Amendment and verify compliance with the provisions of that contract. The Department must also verify compliance with ASPIRE before closing the sanction. Benefits will be reinstated when the sanction is closed.

e) The beginning date of a sanction is the date that the Department issues the notice of adverse action.

(4)Good Cause for failure to comply with ASPIRE-TANF rules include the following:

a) Illness or advanced age of the participant, or illness or incapacity of a household member that requires the participant to provide care in the home. Verification by a physician may be required.

b) Court-required appearance or incarceration.

c) A crisis, special circumstances, or other reason that the Department determines to be Good Cause that causes an individual to be absent from or discontinue a Department activity, about which the Department has been advised, including lack of transportation or childcare necessary for participation when the individual does not have a reasonable alternative to enable the individual to participate.

If an individual has access to transportation that is reasonable under the circumstances through any program at the Department, the individual is ineligible to receive Good Cause based on lack of transportation.

d) Inability to participate due to domestic violence when the individual is unable to participate because of physical injuries or the psychological effects of abuse; because of legal proceedings, counseling or other activities related to abuse; because the abuser actively interferes with the individual's participation; because the location puts the individual at risk; or for other Good Cause related to domestic violence. Reasonable and verifiable evidence may include, but is not limited to, the following:

i. court, medical, law enforcement, child protective, social services, psychological or other records that establish that the individual has been the victim of domestic violence; or

ii. sworn statements from persons other than the individual with knowledge of the circumstances affecting the individual; or

iii. visual observation by ASPIRE-TANF staff of physical injuries.

(5)Good Cause Procedure:

When a participant is notified that they failed to comply with ASPIRE-TANF rules and they claim, either orally or in writing, within five working days of receiving the notification, that they have Good Cause, the Department or the Department's representative shall offer to meet with the participant.

a) The Department or the Department's representative will schedule a meeting with the participant. A meeting will be scheduled by:

i. The Department or the Department's representative contacting the participant by phone and agreeing on a location, date and time which is at least five days from the date of the phone contact; or

ii. A written scheduling notice mailed to the participant, when phone attempts for scheduling are unsuccessful. A written scheduling notice will be mailed to the participant a minimum of seven calendar days prior to the meeting date.

The meeting may be conducted by phone, as scheduled a minimum of five days in advance.

b)Meeting Requirements:

The Department or Department's representative will:

i. Present a notice describing Good Cause and the participant's rights to request Good Cause; and

ii. Verbally explain to the participant the reasons for which Good Cause may be granted and the participant's right to apply for Good Cause verbally or in writing; and

iii. Provide an opportunity for the participant to request Good Cause either wholly or in part.

iv. Make a written record of the meeting including documenting that the participant was given the notice describing Good Cause, the opportunity to request Good Cause and the participant's reason for requesting Good Cause.

c)Meeting Result:

i. The Department's representative shall make a recommendation on the participant's request for Good Cause, including the basis for the recommendation, in writing.

ii. The Department shall issue a final determination notice approving or denying, wholly or in part, the participant's request for Good Cause. This notice will include the reasons for the Good Cause decision and the participant's right to a fair hearing.

iii. The Department may deny Good Cause if the participant fails to attend the scheduled meeting under Subparagraph a above.

C.M.R. 10, 144, ch. 331, II