1. (a) This section does not apply if the:

   1. (1) dependent child does not have a living parent or legal guardian;
   2. (2) whereabouts of the dependent child's parent or legal guardian are unknown;

   3. (3) dependent child lived apart from the child's parent or legal guardian for a period of at least one (1) year before either:

      1. (A) the birth of the dependent child's child; or
      2. (B) the dependent child's application for TANF;
   4. (4) dependent child provides proof, and the division agrees, that the physical health or safety of the dependent child or a child of the dependent child would be jeopardized if the dependent child or a child of the dependent child resides with the dependent child's parent, legal guardian, or adult relative; or

   5. (5) dependent child is less than eighteen (18) years of age and is not married, but the dependent child or a child of the dependent child:

      1. (A) has been alleged or adjudicated a child in need of services under IC 31-34 (or IC 31-6 before its repeal); or
      2. (B) has been placed under the wardship or guardianship of the department of child services.

2. (b) Except as provided in subsection (d), a dependent child who is less than eighteen (18) years of age and is:

   1. (1) not married; or

   2. (2) married but not residing with or receiving support from a spouse;

      is entitled to assistance under TANF only if the dependent child and any children of the dependent child reside with a parent, a legal guardian, or an adult relative other than a parent or legal guardian of the dependent child. A legal guardian or an adult relative not listed in section 1(a)(2)(A) of this chapter must have custody of the child under a court order.

3. (c) The assistance for an eligible dependent child and each child of an eligible dependent child as described in subsection (b) shall be provided to the dependent child's parent, legal guardian, or other adult relative based on the eligibility of the parent, legal guardian, or other adult relative to receive assistance under TANF.

4. (d) This subsection applies to the parent of:

   1. (1) a dependent child who has never married and who:

      1. (A) has a child; or
      2. (B) is pregnant; and

   2. (2) a dependent child who has never married and is adjudicated to be the father of a child.

      The parent of a dependent child described in subdivision (1) or (2) is financially responsible for the care of a child of the dependent child until the dependent child becomes eighteen (18) years of age.

As added by P.L.46-1995, SEC.10. Amended by P.L.1-1997, SEC.56; P.L.161-2007, SEC.13; P.L.128-2012, SEC.10.