Emergency Assistance may be provided, in accordance with the timetable in 760 CMR 67.08, on behalf of a needy child younger than 21 years old or a pregnant woman without any needy children and other members of the household provided the following criteria are met.

1. (1) The child:

   1. (a) 1. Is living within the EA household. For the purposes of 760 CMR 67.00, the EA household consists of the needy child(ren), the parent(s), stepparent or caretaker relative(s) of the needy child, a legal guardian and the siblings (including half-siblings and step-siblings) of the needy child, who themselves are younger than 21 years old.

      1. 2. In extraordinary circumstances, and following verification of full eligibility, the Department may include other relatives of the needy child in the EA household with the approval of the Associate Director or his or her designee.
      2. 3. Verification of relationship to the needy child shall be in accordance with 106 CMR 703.310: TAFDC Relationship; or
   2. (b) in the case of a pregnant woman, is an unborn child. For the purposes of 760 CMR 67.00, the household consists of the pregnant woman and her spouse. The pregnancy must be verified in writing by a statement from a competent medical authority as defined in 106 CMR 701.600: Definition of Terms.
   3. (c) is a member of a household in which all members of the EA household shall be residents of the Commonwealth of Massachusetts and shall demonstrate residency as an element of basic verification of identity pursuant to 760 CMR 67.02(17). A household must demonstrate qualification as an EA household pursuant to 760 CMR 67.02(1) by providing basic verification of identity and relationship before it can appear eligible for placement pursuant to 760 CMR 67.06(1)(c).
2. (2) The child or pregnant woman's need has not occurred because the child or pregnant woman or a relative with whom the child or pregnant woman lives refused without good cause, as defined in 106 CMR 701.380: Good Cause Criteria, to accept employment or training for employment.
3. (3) Emergency Assistance benefits for the household will be denied if the EA applicant or a member of the household reduced his or her earnings from employment or terminated his or her employment within 90 days prior to the month of application without good cause as defined in 106 CMR 701.380: Good Cause Criteria.
4. (4) Emergency Assistance benefits for the household will be terminated if an EA household member reduces his or her earnings from employment or terminates his or her employment without good cause as defined in 106 CMR 701.380: Good Cause Criteria.

5. (5) (a) At the time of the initial eligibility determination, the household must have gross monthly income equal to or less than 115% of the Federal Poverty Level adjusted for household size. These standards as adjusted annually based on changes in the Federal Poverty Level, are posted at www.mass.gov/dta and viewed by selecting the Program Eligibility Charts and Tables link under Key Resources. Paper copies are available upon request.

   1. (b) Gross income for an EA applicant shall be determined in accordance with 106 CMR 704.210 through 704.230; 704.240(A) and (B); 704.250(A)(2) through 704.250(QQ); and 704.290. Receipt of Lump Sum Income in accordance with 106 CMR 704.240 shall not activate either the requirements of 106 CMR 704.240(C) and (D). After all applicable exclusions are made in accordance with 106 CMR 704.240(B), the remaining Lump Sum Income shall be treated as an asset in accordance with 760 CMR 67.02(6). TAFDC, EAEDC, and SSI are countable income.
   2. (c) EA benefits will be denied if the applicant household's monthly gross income exceeds 115% of the then-applicable Federal Poverty Level for a household of that size.

   3. (d) An EA household will be subject to termination of shelter benefits if the EA household’s income exceeds 200% of the Federal Poverty Level, referred to below as the Continuing EA Eligibility Standard (excepting the receipt of Lump Sum Income as defined in 106 CMR 704.240: Lump Sum Income) for a continuous four month period.

      1. 1. Once DHCD becomes aware that the recipient EA household’s gross monthly income exceeds the Continuing EA Eligibility Standard, DHCD will provide an over-income notice to the EA household. The over-income notice will specify the date on which the household’s gross monthly income first exceeded the Continuing EA Eligibility Standard.
      2. 2. Following issuance of the over-income notice, DHCD staff will review household income every 30 days until four months have passed from the date on which the household’s gross monthly income first exceeded the Continuing EA Eligibility Standard.
      3. 3. If, at any point during this income review period, the recipient EA household’s gross monthly income falls below the Continuing EA Eligibility Standard, the household will be so informed and the household will no longer be subject to termination of shelter benefits based on its household income having exceeded the Continuing EA Eligibility Standard as of the date specified in the over-income notice. The EA household will remain subject to all applicable EA eligibility requirements, and may be subject to termination if the household becomes ineligible for continued EA shelter benefits during this period for another reason.
      4. 4. If the recipient EA household’s gross monthly income remains above the Continuing EA Eligibility Standard for a sustained and consecutive four-month period from the date on which the household’s gross monthly income first exceeded the Continuing EA Eligibility Standard as noted in the over-income notice, the EA household will receive a termination notice.
   4. (e) Once the EA household's income exceeds the Continuing EA Eligibility Standard for a sustained and consecutive four-month period, the income will not be reevaluated to determine EA eligibility.

6. (6) (a) The household's total countable assets do not exceed $5000. Assets of both TAFDC and non-TAFDC recipients are determined in accordance with 106 CMR 704.120 through 704.140. EA households composed solely of TAFDC recipients are automatically asset-eligible.

   1. (b) The asset limit shall not apply to the household that is participating in the Department's Local Housing Authority Placement Program, or to a household with savings as specified in its rehousing plan.

7. (7) (a) Subject to 760 CMR 67.02(7)(b), EA may be provided to or on behalf of a household in which each member of the EA household is a citizen in accordance with 106 CMR 703.410: Citizens, an American Indian in accordance with 106 CMR 703.420: American Indian Born in Canada, a noncitizen in accordance with 106 CMR 703.430: TAFDC Noncitizens Status, or a noncitizen lawfully admitted for permanent residence or otherwise permanently residing under color of law in the U.S.

   1. (b) A household in which at least one child younger than 18 years old holds one of the statuses described in 760 CMR 67.02(7)(a) need only verify qualifying status for that child before the household is placed in shelter. All other households must provide verification of qualifying status of all household members before the household is placed in shelter.
8. (8) No member of the EA household has within one year immediately prior to the filing of an application for Emergency Assistance made an assignment or transfer of real or personal property for the purpose of becoming eligible for Emergency Assistance.
9. (9) An EA household is required to report to the Department within ten calendar days any change in circumstances as specified in 106 CMR 701.420: Responsibility for Notification of Changes that may affect its continued EA eligibility. Continued eligibility for EA must be reviewed any time that the Department obtains information indicating a change in the EA household's circumstances and needs more information to determine the exact effect of the change(s) on its continued EA eligibility. The eligibility review shall include a review of all financial and nonfinancial aspects of the EA household's eligibility. The EA household must provide the applicable verifications specified by the Department for continued eligibility.
10. (10) If an applicant EA household either fails to appear at the designated placement without good cause as defined in 106 CMR 701.380: Good Cause Criteria or 760 CMR 67.03(4) or refuses a placement offered by the Department, the household will be ineligible for EA for the 12 months following the refusal or failure to appear.
11. (11) An individual is not eligible for Emergency Assistance benefits if the EA individual has an outstanding default or arrest warrant issued against him or her by any court of the Common- wealth, and the warrant has not been resolved within five business days of the individual being notified of the warrant by the Department. Evidence of the outstanding default or arrest warrant appearing in the Massachusetts Warrant Management System, or any successor system, shall be sufficient grounds for such action by the Department.
12. (11) An individual is not eligible for Emergency Assistance benefits if the EA individual has an outstanding default or arrest warrant issued against him or her by any court of the Common-wealth, and the warrant has not been resolved within five business days of the individual being notified of the warrant by the Department. Evidence of the outstanding default or arrest warrant appearing in the Massachusetts Warrant Management System, or any successor system, shall be sufficient grounds for such action by the Department.
13. (12) An adult individual 18 years of age or older is not eligible for Emergency Assistance benefits if they fail to disclose on their application prior criminal convictions, other than convictions that have been sealed or expunged, and pending criminal charges, whether occurred, occurring or pending in the Commonwealth or any other jurisdiction.

14. (13) An adult individual 18 years of age or older is not eligible for Emergency Assistance benefits unless the individual consents to the Department obtaining criminal offender record information (CORI) from the department of criminal justice information services (DCJIS) by signing a CORI Acknowledgement Form, and verifies their identity for CORI purposes pursuant to 803 CMR 2.11: Requirements for Requestors to Request CORI. The Department shall obtain CORI information from DCJIS at the Required 1 Access level in accordance with 803 CMR 2.05: Levels of Access to CORI. An adult applicant for shelter benefits shall not be placed prior to the Department's receipt of the required CORI information from DCJIS; provided, however, that the Associate Director or their designee may authorize the Department to place an adult individual based on Open Access level CORI in accordance with 803 CMR 2.05 based on circumstances making obtaining Required 1 Access level CORI impractical without an unreasonable delay in placement. In cases where the Associate Director or their designee authorizes the Department to place an adult individual based on Open Access level CORI, a Required 1 Access level check shall occur promptly after placement.

    1. (a) The Department shall, prior to taking any adverse action based on CORI results, notify the individual about the adverse action and the opportunity to dispute the accuracy of the CORI results received from DCJIS. An individual who appears to be ineligible for Emergency Assistance benefits under 760 CMR 67.02(14) or (15) shall not be placed while a dispute is pending.
    2. (b) The Department may share CORI information with an EA shelter provider in a manner consistent with 803 CMR 2.00: Criminal Offender Record Information (CORI).

15. (14) An adult individual 18 years of age or older is not eligible for Emergency Assistance benefits if the individual has been convicted of, or has a pending charge in any jurisdiction for, the following crimes or their equivalents, including attempts or conspiracy to commit such offenses:

    1. (a) First or second degree murder;
    2. (b) Voluntary manslaughter;
    3. (c) Felonies involving child pornography, sex offenses, human trafficking, or failure to register by a sex offender;
    4. (d) Felonies involving rape or sexual assault;
    5. (e) Arson;
    6. (f) Kidnapping;
    7. (g) Felonies or misdemeanors involving firearms within the previous six years;
    8. (h) Felony drug trafficking within the previous three years.

16. (15) An adult individual 18 years of age or older is not eligible for Emergency Assistance benefits if the individual has been convicted within the previous three years of, or has a pending charge in any jurisdiction for, the following crimes or their equivalents, including attempts or conspiracy to commit such offenses, without a determination of mitigating circumstances by the Department:

    1. (a) Involuntary manslaughter;
    2. (b) Felonies involving spousal or elder abuse;
    3. (c) Felony assault and battery with a dangerous weapon causing serious bodily injury;
    4. (d) Felonies involving violence against children;
    5. (e) Armed or unarmed robbery; or
    6. (f) Felony burglary or breaking and entering.

    The Department may determine mitigating circumstances exist:

    1. 1. upon review of an assessment by a qualified mental health professional obtained and provided by the individual, indicating that the individual does not pose an unacceptable risk of harm to others in the EA Family Shelter Program;
    2. 2. upon review of an assessment from a criminal justice official, including a probation or parole officer, obtained and provided by the adult individual, indicating that the individual does not pose an unacceptable risk of harm to others in the EA Family Shelter Program;
    3. 3. upon review of third-party verifications pursuant to guidance issued by the Department indicating that the individual does not pose an unacceptable risk of harm to others in the EA Family Shelter Program; or
    4. 4. if the charge was continued without a finding. The burden of producing mitigating documentation shall be on the adult individual.
17. (16) A criminal conviction within the previous ten years or a pending charge that does not result in ineligibility pursuant to 760 CMR 67.02(14) or (15) may be considered by the Department in placement or oversight decisions. The individual shall be notified of any such action by the Department in accordance with 760 CMR 67.02(13)(a).
18. (17) An adult individual is not eligible for Emergency Assistance benefits unless the individual has provided verification that they are a resident of the Commonwealth who intends to remain in the Commonwealth permanently or indefinitely. The Department shall accept as verification documents showing that the individual receives MassHealth or other public benefits in the Commonwealth; photo identifications issued by the Commonwealth; bills or insurance documentation indicating that the individual is a resident of the Commonwealth; formal written statements from licensed health care workers indicating that the individual is a resident of the Commonwealth; or other documentation acceptable under guidance as may be issued by the Department.