13 CSR 40-2.310(5) provides that Temporary Assistance is granted with respect to any child deprived of parental support or care by reason of death, continued absence from the home, a parent's physical or mental incapacity, or a parent's financial need.
When a stepparent is in the home, apply instructions regarding loss of parental support or care only to the biological and adoptive children of such stepparents. When a stepparent exists but application is not made for any of his/her children, determine eligibility based on the biological parents. If the application includes both biological and stepchildren, determine eligibility for each child in respect to that child's biological or adoptive parents.
If the Temporary Assistance family lives with an individual to whom the parent is NOT married and who is not the biological or adoptive parent of the child(ren), determine eligibility based on deprived of parental support. Do not consider this individual as responsible for the care of the child(ren). In determining need, do not include such individual as part of the assistance group, but consider any cash contribution he/she makes as income to the Temporary Assistance assistance group.
A parent in a Temporary Assistance family may live with someone to whom s/he is not married. S/he may have children in common with this person and have children from a previous relationship. Only the children whose parent is not in the home are deprived of parental support due to continued absence.
For families where the in common children are deprived of parental support due to incapacity or financial need, see 0210.005.05 Persons Included in the Temporary Assistance Assistance Group.
In most instances, the participant has documents verifying the death of a parent. If not, establish eligibility based on the parent's absence from the home. Such a situation usually arises when the parent is separated or divorced at the time of the alleged death.
When the participant does not have documents showing both the fact and cause of death, obtain further information following Temporary Assistance approval. The cause of death may have an important bearing on the family's eligibility. For example, investigate the possibility of compensation or a damages lawsuit resulting from accidental death. Information as to life insurance, Social Security or VA benefits, property, etc., may also be important in relation to need.
Children living with either parent are deprived of parental support or care if the other parent is deceased.
If death is verified at initial application, do not refer to DCSE.
Continued absence from the home is defined as absence resulting from any one of the following reasons: (1) desertion or abandonment, (2) divorce, (3) incarceration, (4) institutionalization, or (5) physical restoration.
Desertion or abandonment exists when the parent(s) neglects to provide support for their child(ren) or leaves the family to avoid the responsibilities for support.
If the parent deserts or abandons the family:
Contact with the absent parent may be indicated, in the following situations:
If a participant does not know who the absent parent is, request and record explanation.
Evaluate and resolve any conflicting information. For active cases, if it is believed that the alleged absent parent actually resides in the home request priority location efforts from DCSE. Once information is received, if necessary, refer the case to WIU.
For applications, establish the parent's absence or explain how the family can obtain benefits as a two parent household.
Review the custody agreement in the court order/divorce decree. Base any decision of deprived of parental support on lack of day-to-day involvement between parent and child. The divorce, by itself, does not make the child deprived of parental support. It is the continued absence from the home with little or no financial contribution by a parent that makes the child deprived of parental support.
In determining continued absence, carefully review whether the absence either interrupts or terminates the parent providing maintenance, physical care, or guidance for the child. Base the decision as to which parent (if only one primary caretaker exists) is the actual caretaker.
If both parents are exercising responsibility for the child, providing day-to-day care, and truly sharing maintenance, physical care, and guidance for the child, the child is not deprived of parental support unless financial need exists. Example of joint custody: the child lives with each parent for set periods of time, such as two weeks with one parent and then two weeks with the other parent.
Section 452.375 RSMo defines custody as follows: Joint legal custody means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority.
Joint physical custody means an order awarding each of the parents significant periods of time during which a child resides with or is under the care and supervision of each parent. Joint physical custody shall be shared by the parents in such a way as to assure the child of frequent and continuing contact with both parents.
If financial need exists then only one parent may receive Temporary Assistance for the child(ren). Who makes the application is not a determination made by Income Maintenance.
If the child continuously lives with one parent, visits the other parent on weekends and in the summer, and the parents do not share maintenance, physical care, and guidance for the child, the child is deprived of parental support. The parent designated as the primary caretaker is eligible to receive Temporary Assistance for the child year round, even while the child visits the other parent. Only one parent can receive Temporary Assistance for the child.
It is essential to determine if a primary caretaker exists or if the parents are equally sharing custodial responsibilities. Contact both parents to discuss actual arrangements if shared maintenance, physical care, and guidance for the child is indicated.
If the applicant/participant has the divorce decree, obtain a copy if possible. Review it for information regarding custody of children, alimony or provision for child support. Try to obtain the divorce decree whether the children are with one of the parents or with an eligible relative other than a parent. Send a copy of the divorce decree to DCSE.
If the individual does not have a copy of a decree and the divorce was obtained locally, the decree should be available in the Office of the Circuit Clerk. If the divorce was obtained elsewhere, obtain the information by inter-agency correspondence. Keep in mind a parent is legally obligated to support his/her minor children regardless of whether desertion, separation, or divorce exists and regardless of whether or not the divorce decree provides for child support.
Although the duration of imprisonment does not affect present eligibility for Temporary Assistance, it is important to know the length of the incarceration, and date of probable release. Secure this information, usually from court records or the institution, or the Division of Probation and Parole.
Temporary visits by the absent parent due to temporary leave of absence from a penal institution do not affect eligibility.
A parent is considered as continually absent from the home due to incarceration when: convicted of an offense and under a court sentence; a sentence requires, and the parent is performing, unpaid public work or unpaid community service during working hours; and the court to live at home while serving the sentence because of crowded jail conditions or other reasons.
If unable to verify incarceration at initial application, attempt to obtain documentary verification as quickly as possible.
If unable to verify incarceration, treat the situation as if the parent were absent from the home.
Secure information regarding duration and reason for confinement in a medical or custodial institution. This can usually be done by obtaining a statement from the facility.
Temporary visits by the absent parent due to temporary leaves of absence from an institution do not affect eligibility.
If unable to verify institutionalization at initial application, continually attempt to obtain documentary verification as soon as possible.
Unless institutionalization is verified, treat the case as absent from the home until institutionalization is verified.
Determine absence from the home based on where the absent parent lives. If the caretaker knows the address of the absent parent, verify the address.
Use the following in determining whether or not the parent is absent from the home.
Do not consider a parent whose absence is due to military service absent from the home.
Determine deprivation of support based on continued absence by obtaining documentary or collateral verification. If the absent parent is contacted:
Do not discuss assignment of support rights, DCSE activities, or child support payment processes with the absent parent.
Investigate the above on a priority basis and immediately take the appropriate action.
Refer to the Case Management section for the work participation requirement.
13 CSR 40-2.310(5) provides that Temporary Assistance is granted for the benefit of any child deprived of parental support or care due to the physical or mental incapacity of a parent. 13 CSR 40-2.310(5)(B) further provides that physical or mental incapacity must be certified by competent medical or other appropriate authority designated by FSD. Benefits may be granted and continued while it is established that a physical or mental defect, illness, or disability exists which prevents the parent from performing any gainful work.
Incapacity is established as a Temporary Assistance eligibility factor when either:
Step One
Participant meets the eligibility of physical or mental incapacity for Disabled Parent (DP) with the application of OASDI, SSI, or employer-sponsored disability insurance. If the decision of this application is rejected, proceed to step two.
Step Two
Worker sends the information from the disability application listed in step one, through the Medical Review Team (MRT) for a decision on the disability. This information should be sent on our forms using as necessary the IM-60A (Medical Report Including Physician's Certification/Disability Evaluation), IM-61 (Social Information Summary), the IM-61B (Disability Questionnaire) and the MO 650-2616 (Authorization for Disclosure of Consumer Medical/Health Information).
This does not mean to imply that the participant cannot appeal the decision made from the original disability application through the proper channels.
Base all determinations of Temporary Assistance incapacity on medical evidence (except as stated above for persons receiving OASDI or SSI benefits based on disability or blindness).
However, when the illness, or incapacity is obvious and previous medical examination reports exist that still appear to be consistent with the caseworker's present observations, a new examination is not necessary. If no medical examination reports exist, a medical examination may be requested.
Obtain a statement containing a diagnosis of illness or incapacity from the individuals doctor. Except under the conditions stated in Obvious Incapacity. If they do not have previous medical care or records, an appointment for an examination should be scheduled.
When the physician specifies a person is permanently incapacitated, it is not necessary to require a medical examination at the time of each reinvestigation. However, a new medical examination is obtained at least once every two years unless: (1) the recipient appears to have improved to be able to engage in a work activity, or (2) the disability is now obviously incapacitating, in which case no examination is needed.
FSD pays the cost of general medical examinations. However, if the examining physician believes that examination by a specialist or that x-ray, electrocardiogram, or laboratory tests are required to determine eligibility, payment for such tests is also allowable according to actual charges. The examining physician decides the necessity for additional tests. If the physician is equipped to perform the additional tests, add extra charges to the cost of the medical examination. If available, local funds are used for paying the costs of medical examinations.
On occasion, a report of medical findings is received in which the examining physician or issuing source (such as VA Hospital) placed limitations prohibiting disclosure of the contents and findings.
The confidential stamp has no bearing on using the report. It is necessary, however, to determine if the report could be harmful to the person if reviewed by him/her. If decided the report would be harmful, do not use the report.
When a medical report is received with confidential restrictions as to disclosure, and such report is an essential factor in an INELIGIBILITY decision, apply the following procedures.
Temporary Assistance benefits may be granted only while a physical or mental incapacity exists that prevents the parent from performing any gainful work.
If an incapacitated person, working for an employer, is doing the same work done before the incapacity occurred, or other work for which s/he is qualified, the family is not eligible for Temporary Assistance, unless incapacitated parent continues to receive SSI, without regard to the amount of need present. However, if the incapacity can be shown to directly relate to the fact that: (1) the incapacitated person is working substantially less time on the job than an able-bodied person would spend; or (2) the incapacitated person is working for a substantially lower wage rate than the usual wage paid for the type of work performed, establish eligibility on this factor. A discussion with the employer is necessary.
If the incapacitated person is self-employed, thoroughly inquire as to the amount and kind of physical activity the particular job requires. Obtain information from the individual, reliable witnesses, personal observation, and any other sources as to the person's ability or inability to perform required activities. If determined that the individual is performing or can perform the major activities the job requires, the family is not eligible. However, if the incapacity can be shown to directly effect the claimant's ability to perform major activities, establish eligibility on this factor.
EXAMPLE: If the incapacitated parent is unable to perform the required labor alone and completes the job only because of work done by a second person, the family is eligible. If the incapacitated, self-employed parent performs a substantial and material (or major and important) part of the labor required by the job, the family is not eligible for Temporary Assistance.
If the incapacitated person is unemployed, determine if the incapacity prevents the parent from engaging in full-time employment on a regular basis at the normal wage rate for that employment considering the limited employment opportunities of handicapped individuals.
In some instances, incapacitated parents may accept or continue employment against the doctor's recommendation. If assistance is canceled because the incapacitated parent obtained employment in spite of the disability and subsequently loses employment, reopen the grant immediately provided the physician's report shows the disability on which eligibility was based still exists.
Following Temporary Assistance approval, assist the incapacitated person to utilize available medical, psychiatric, and social resources in the community that may assist in regaining health or in assuming responsibility for care and support of the family (particularly true in cases of temporary incapacity).
As appropriate, refer the incapacitated person to Vocational Rehabilitation for physical restoration and vocational training. If the parent accepts rehabilitation and other eligibility requirements are met, grant or continue Temporary Assistance during the training period based on incapacity.
All approved Temporary Assistance cases, except those in which medical information clearly shows the incapacity is permanent, are designated as temporary and are handled as priority reinvestigations. Based on medical information (regarding probable illness duration), reinvestigate all such cases at the end of the period of incapacity.
A complete reinvestigation of all eligibility factors is not always necessary when determining if a physical incapacity still exists. Obtain sufficient medical information to establish continuing eligibility on this factor as well as sufficient other information to determine whether employment status has changed.
At initial application, obtain verification through documentary evidence. If unable to verify incapacity locally, refer to MRT to make the determination.
During the reinvestigation process, obtain current documentary information (in some cases, by contacting the attending physician by telephone) pertaining to deprivation of parental support due to a parent's physical or mental incapacity.
If a medical decision is made to waive eligibility redetermination based on physical disability, do not obtain new information unless the individual's physical or mental condition is questionable.
Refer to the Case Management section for the work participation requirement.
208.040 RSMO authorizes the payment of Temporary Assistance benefits to children living with two parents, who do not have a disability.
Temporary Assistance for children living with two parents involves the biological and/or adoptive parents. If all eligibility factors are met, include the Temporary Assistance both parents in the Temporary Assistance assistance group used to determine the family's Temporary Assistance payment amount.
In all cases, establish the father's relationship to his child. If the father is not married to the mother, and is not listed on the birth certificate, and the child was born in Missouri, offer him the opportunity to sign the Father’s Affidavit Acknowledging Paternity (VS 465F). The mother must also sign the Mother’s Affidavit Acknowledging Paternity (VS 465M). The completed VS 465F and VS465M (and VS 465D when appropriate) must be sent to the Bureau of Vital Records (BVR) together. BVR will return any part of the affidavit submitted separately.
NOTE: The Written Notice of Alternatives, Rights and Responsibilities (VS 465) must accompany any other part of the affidavit sent to a party for review and possible completion.
If the parents refuse to sign the paternity statements, the family is not eligible for Temporary Assistance, and the application must be rejected or the case closed. The parents may seek legal counsel prior to signing the paternity statement(s). Refer to the IM Forms Manual for instructions for completing the Affidavit Acknowledging Paternity (VS 465) forms.
When a child lives with both parents and both are able to work, that child's deprivation of parental support is based upon a determination of financial need.
Include all children of both parents, any half siblings who are deprived of parental support, and the parent(s) of an included child, except for SSI recipients.
EXAMPLE #1: Mr. and Mrs. J apply for Temporary Assistance. Their household consists of Mrs. J's two children by a previous marriage, Mr. J's child by a previous marriage and their child in common. Mr. J works 20 hours per week, at the rate of $9.50 per hour. Their budget is calculated as follows:
Mr. and Mrs. J and all four children are included in the budget.
Gross monthly income 823.27 less than 185% (2307.00)
Standard work Expense -90.00
Net income 733.27
Family meets the Full Need Standard for 6 (1247.00)
Net Income 733.27
$30+1/3 -265.00
468.27
Ineligible on Percentage of Need for 6 (431.00)
Therefore, the J's in common child cannot be considered deprived of parental support.
If Mrs. J wishes to receive for her two children by her previous marriage, her eligibility for these children is determined as follows:
Complete stepparent deeming computation, using Mr. J's earnings and the needs of himself, his child by his previous marriage and the child in common. Since his net income of $733.27 is less than the full need standard for three, $846.00, no income is deemed. Enter a Y in Field 28-Stepparent of IMU5.
Mrs. J is eligible for a grant of $292.00 for herself and two children.
Mr. J is not eligible for a grant for himself and his child by a pervious marriage because his earnings exceed the limit for a two person household.
EXAMPLE #2: Mr. and Ms. S have four children, three in common and one of Ms. S's by her previous marriage. Neither Mr. nor Ms. S is incapacitated. Mr. S works 30 hours a week at the rate of $5.50 per hour. Their budget is calculated as follows:
Mr. and Ms. S and all four children are included in the budget.
Gross monthly income 714.94 less than the 185% (2307.00)
Standard work expense -90.00
Net income 624.94
Family meets the Full Need Standard for 6 (1247.00)
Net Income 624.94
$30+1/3 -228.33
396.61
Eligible on Percentage of Need for 6 (431.00)
431.00 - 396.61 = 34.39 (Grant 34.00)
Therefore, the S's in common children are considered deprived of parental support.
Ms. S cannot receive a separate Temporary Assistance grant for her child by her previous marriage.
When talking with parents about their eligibility, there must be a discussion about time limits and the impact of using months of lifetime eligibility to receive a small grant or to receive a grant for some, but not all, children in the home. Include in this discussion that they may be eligible for medical coverage without receiving Temporary Assistance.
All applicants for Temporary Assistance two parent household must apply for and accept any UC benefits to which they are entitled if they were covered by unemployment insurance and have not exhausted unemployment insurance benefits. Count any UC benefits received as income on the Temporary Assistance family's budget. The Temporary Assistance family may receive both UC and Temporary Assistance as long as the budget shows need and all other eligibility factors are met. If a Temporary Assistance parent, in a two parent family, refuses to apply for or accept UC benefits to which he/she is entitled, the entire family is ineligible for Temporary Assistance benefits.
Both parents must not have quit a job or refused, without good cause, a bona fide offer of either full-time or part-time employment for which he/she is qualified. Both parents must not have refused, without good cause, education or training for work, Vocational Rehabilitation, or special work projects that may be offered to him/her.
Reject the application if a parent, who is not disabled, in a two parent family, applying for Temporary Assistance benefits for his/her family quit a job or refused, without good cause, a bona fide offer of employment, training or education for work, Vocational Rehabilitation, or special work projects made within the 30-day period prior to the date of application.
A bona fide job offer is one made by a prospective employer in good faith that could immediately be filled if the unemployed parent accepted the offer.
Verify the offer of employment by a written or oral statement from the prospective employer. Record verified information about job offers that are declined. The narrative must explain the suitability of offered work for this particular person, and whether the refusal was made with or without good cause. See the Case Management section for good cause guidelines.