5801.1 If a pregnant or parenting minor who is applying for or receiving TANF benefits claims an exemption to the requirement to live in an adult-supervised setting, DHS shall refer the pregnant or parenting minor's claim to the Family Services Administration (FSA) to investigate the claim.

5801.2 If the pregnant or parenting minor is receiving TANF benefits at the time the pregnant or parenting minor claims an exemption, TANF benefits shall continue to be paid during the investigation.

5801.3 If the pregnant or parenting minor claims an exemption while still an applicant for TANF assistance, consideration of the pregnant or parenting minor's application shall proceed during the investigation.

5801.4 If forty-five (45) days have elapsed since the date the pregnant or parenting minor made the application, and the pregnant or parenting minor is determined otherwise eligible for TANF, but the investigation is not yet complete, the pregnant or parenting minor's application shall be approved.

5801.5 If the investigation demonstrates, after the pregnant or parenting minor's application has been approved, that the claim of an exemption is not founded, the pregnant or parenting minor shall be excluded from the TANF benefit, after adequate and timely notice has been given, until the pregnant or parenting minor moves to a living arrangement that is determined appropriate by DHS. In determining whether a living arrangement is appropriate, DHS shall consider the best interests of the pregnant or parenting minor and the pregnant or parenting minor's dependent child.

5801.6 In addition to the provisions established in Sections 563(b)(1) through (4) of the District of Columbia Public Assistance Act of 1982, as amended, effective October 17, 1995 (D.C. Law 11-72; D.C. Official Code 4-205.63), a pregnant or parenting minor and the minor's dependent child shall be determined to have good cause to receive TANF benefits while living apart from the pregnant or parenting minor's parent, legal guardian, or other adult relative if FSA determines that it would be in the best interests of the pregnant or parenting minor's child to do so, based on factors including, but not limited to, the following:

(a) The pregnant or parenting minor's maturity;

(b) The period of time that the pregnant or parenting minor has lived independently;

(c) The pregnant or parenting minor's access to supportive services; and

1. (d) The pregnant or parenting minor's demonstration of the acquisition of independent living and parenting skills.5801.7 The fact that a pregnant or parenting minor has been living independently for any period of time does not, by itself, excuse the pregnant or parenting minor from the requirement to live in an adult-supervised setting.5801.8 A pregnant or parenting minor who applies for or receives TANF benefits, and who does not have an exemption from the requirement to live in an adult-supervised setting, shall present the following proof that a living situation is allowable:- (a) A birth certificate, other document, or statements from collateral contacts that establishes the familial or custodial relationship, with an adult in whose home the pregnant or parenting minor is living; and
2. (b) A statement from the adult with whom the pregnant or parenting minor lives and from a third party, asserting that the pregnant or parenting minor lives with the adult.5801.9 A pregnant or parenting minor applying for TANF benefits shall present the proof of an allowable living situation no later than forty-five (45) days from the date of application.5801.10 A pregnant or parenting minor who is receiving TANF benefits may be required to present, no later than forty-five (45) days before the expiration of each certification period, proof of an allowable living situation. Failure to present the required proof shall result in excluding the pregnant or parenting minor's needs from the TANF benefit, after adequate and timely notice has been given.5801.11 A pregnant or parenting minor who applies for or is receiving TANF benefits and who is not living in the home of the pregnant or parenting minor's parent, guardian, or adult relative may be referred to FSA for assessment and development of a personal responsibility plan for independence.5801.12 DHS shall give each pregnant or parenting minor who applies for TANF benefits notice of the pregnant or parenting minor's eligibility requirements, rights and obligations, and the opportunity to speak with DHS outside of the presence of the pregnant or parenting minor's parent or legal guardian, established under the District of Columbia Public Assistance Act of 1982, as amended.5801.13 At the time of application, DHS shall request the pregnant or parenting minor to sign a copy of a written notice, entitled 'Acknowledgment of TANF Program Rules,' which references the special requirements for pregnant or parenting minors. The pregnant or parenting minor's signature shall indicate that the pregnant or parenting minor received and understood the

notice.

5801.14 In determining the appropriate living arrangement for a pregnant or parenting minor, DHS shall consider the best interests of the pregnant or parenting minor and the pregnant or parenting minor's dependent child.

5801.15 DHS shall select second chance homes (as defined by the Self-Sufficiency Promotion Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-241; D.C. Official Code Section 4-201 et seq.)), maternity homes, or other appropriate adult-supervised supportive living arrangements based on criteria that include, but are not limited to, the following:

(a) The presence of a responsible adult in the home who can supervise the pregnant or parenting minor; and

(b) The availability of an adult to provide or oversee training and instruction in parenting skills, child development, budgeting and other independent living skills.

5801.16 For purposes of this section an "allowable living situation" or "appropriate living situation" is one in which a pregnant or parenting minor lives with the pregnant or parenting minor's parent, guardian, or other adult relative, or lives in a second chance home, maternity home, other appropriate adult-supervised supportive living arrangement, or other setting that DHS determines is in the best interest of the pregnant or parenting minor and the pregnant or parenting minor's child.

5801.17 A pregnant or parenting minor may appeal the decision on appropriate living arrangement through the fair hearing process.

SOURCE: Final Rulemaking published at 48 DCR 10251 (November 9, 2001).