SR 97-41 Dated 11/97

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR revises the NHEP exemption from participation criteria for biological parents of children conceived while the parents were receiving financial assistance under in New Hampshire Aid to Families with Dependent Children (AFDC) or NHEP. If a child is or was conceived while either or both adult biological parents received AFDC financial assistance or NHEP financial assistance, the parent(s) caring for the child must participate in NHEP related activities as soon as the child turns age 1, unless the child is conceived as a result of incest or rape or the parent(s) is otherwise exempt. The revised policy does not apply to children in an AFDC or NHEP financial assistance case who conceive or conceived a child while receiving financial assistance as a child case member. For purposes of this SR and the "child conceived on assistance" policy, the term biological parent refers to the adult biological parent unless otherwise specified.

Previous policy exempted most parents from participation in NHEP work related activities if a child in their care is under age 3. The child’s date of conception and/or the parent(s)’ receipt of AFDC or NHEP financial assistance did not affect this exemption. Certain exceptions apply and are described in the text of this SR. FAM Sections 808.05, Temporary Exemptions from NHEP Participation, and 808.07, Verifications, have been revised accordingly.

The Table of Contents to Chapter FAM 800, FAM Chapter 800, and the FAM Key Word Index have been revised to address the Work For Benefits Component policy released by SR 97-38, NHEP Work for Benefits Component... In addition, technical changes were made and typographical errors have been corrected. SR 97-38 has been obsoleted and is no longer retained in the Family Assistance Manual.

Form 221, The New Hampshire Employment Program, has also been revised to incorporate policy released in this SR and to make several terminology changes.

Children Conceived While Parents Are Receiving AFDC or NHEP Financial Assistance

A child is considered to be conceived while on assistance if either biological parent of the child was receiving AFDC or NHEP financial assistance in New Hampshire 289 days prior to the birth of the child. If a child is conceived while either or both biological parents receive(d) AFDC or NHEP financial assistance, the parent(s) caring for the child must participate in NHEP related activities as soon as the child turns age 1, unless the child was conceived as a result of incest or rape, or the parent is otherwise exempt. Exceptions must always be verified before an exemption can be allowed. The child does not have to be an assistance group member in order for this policy to apply as long as the biological parent or parents provide care to the child.

EXAMPLE

Ms. Greene has 3 children living with her and conceived her youngest child while she was receiving AFDC financial assistance in New Hampshire. The 2 older children conceived from a previous marriage are eligible for financial assistance. The father of youngest child resides in the home. Although the youngest child is not eligible for financial assistance, Ms. Greene must meet NHEP participation requirements when the youngest child turns age 1, unless otherwise exempt.

Applicability of Policy to Currently Exempt Parents

Parents of children now age 1, but under age 3, who were conceived while either or both biological parents received AFDC in New Hampshire or NHEP financial assistance must participate in NHEP related activities and must be referred to the local NHEP team at the next redetermination interview, unless otherwise exempt.

Determining Date of Conception

The child’s date of conception is presumed to be the child’s birth date minus 289 days. For example, to determine the date of conception for a child born on December 31, 1996, subtract 289 days from 366 days (1996 was a leap year). The date of conception is presumed to be March 17, 1996 (day 77 of the calendar year).

Rebuttable Presumption and Verification Requirement: Child’s Date of Birth

The actual date of conception is problematic to determine and is, therefore, a rebuttable presumption. The biological parent(s) must be allowed the opportunity to claim and document that the child was not conceived while receiving AFDC or NHEP financial assistance. If the documentation supports the individual’s claim, the individual remains exempt until the child in their care turns age 3, unless another child is conceived while receiving assistance at a later date.

Acceptable documentation that child was not conceived while the biological parent was receiving AFDC or NHEP financial assistance is a physician’s written statement or medical records documenting that a child’s date of conception does not fall within a period of financial assistance receipt.

Verification Requirement: Child Conceived as a Result of Incest or Rape

The biological parent(s) must be allowed the opportunity to claim and document that the child was conceived as a result of incest or rape. If the documentation supports the individual’s claim, the individual remains exempt until the child in their care turns age 3, unless another child is conceived while receiving assistance at a later date.

Acceptable documentation that the child was conceived as a result of incest or rape is a court record, police log, social service agency or DCYF record, hospital, physician or psychological record attesting to the circumstances of the child’s conception.

SYSTEMS CHANGES

New Work Registration Exemption Code W (Child Conceived on Assistance)

New work registration exemption code W (Child Conceived on Assistance) has been added to EMS. This code identifies TANF-AP cases in which a child is conceived while on assistance, and designates that the parent or parents are exempt from NHEP participation requirements until the child turns age 1. EMS Release 97-3, to be issued under separate cover, will add code W to the EMS Handbook.

Code W is entered on the parent(s)’ I-Line in Field I-28 (TANF Work Registration) whenever a newborn or child under age 1 who is conceived while the parent(s) were on assistance is added to the case and/or resides with the parent(s). Code W is removed when the child turns age 1 and is replaced with the appropriate work registration code which reflects the parent(s) new work registration status once the child turns age 1. Code W is also entered in accordance with the report instructions below for children age 1, but under age 3.

Report of TANF-AP Cases with a Child under Age 3 Potentially Conceived while on Assistance

District Offices will be sent a report of TANF-AP cases with a child under Age 3 potentially conceived while on assistance. The report will be sent under separate cover. Selection criteria for this report are as follows:

 The case is open Category 2 (TANF-AP), Case Type 1 (Money Payment) or U (TANF-UP Money Payment) in Field C-11;

 The casehead is open and has Group Member Code of A (Casehead) in Field I-15;

 The child is open and has Group Member Code of F (Child in Case) in Field I-15; and

 The casehead was receiving AFDC or TANF-AP 289 days prior to the birth of the child.

District Offices must review this report and at the next redetermination:

 Enter work registration exemption code W (Child Conceived on Assistance) on the parent’s I Line in Field I-28 for any children under age 1 who were conceived on assistance, unless otherwise exempt from NHEP participation requirements.

 If the child meets the criterion for having been conceived while on assistance and is age 1 up to age 3, assess current NHEP exemption status and determine if the case is appropriate for referral to NHEP.

 If the case requires referral, change the existing code to A (mandatory).

NOTE: The report is not inclusive and does not show children who are ineligible for financial

assistance, such as SSI children or the child cited in the example in this SR. District

Offices should be alert to cases of this nature and enter work registration code W on

the parent(s)’ I-Line and make referrals to NHEP as appropriate.

FORMS REVISIONS

Form 221, The New Hampshire Employment Program, has been revised to address NHEP work requirements for parents of children who were conceived while on financial assistance. The phrase "NHEP team member" has been replaced with "NHEP Employment Support Counselor." Previously, Form 221 referred to job search and work for benefits as 26 week periods. Now the word "components" has been substituted for "periods."

Any remaining copies of Form 221, SR 97-9/March 1997, and SR 97-19/June 1997 must be destroyed upon receipt of revised Form 221.

IMPLEMENTATION

The policy on children conceived while on assistance is effective with all new NHEP-AP applications and redeterminations on or after November 17, 1997.

To facilitate implementation, District Offices will be provided a chart called, "Birthdates with ‘Conceived on Assistance’ Dates, 11/01/94-12/31/99." This report enables District Offices to determine the child’s presumed date of conception based on the child’s birth date.

CLIENT NOTIFICATION

A check stuffer explaining the policy on children conceived on assistance will be mailed to all open TANF cases with the November 15,1997 check. A copy is attached for reference.

TRAINING

No training is planned. If the need for training arises, requests may be made to the Division of Transitional Assistance.

PEN AND INK CHANGE

On the document, "SR’s posted to Family Assistance Manual," enter 11/17/97 as the obsolete date SR 97-38.

POSTING INSTRUCTIONS

DISPOSITION

This SR may be destroyed when its contents have been noted and its posting instructions carried out. SR 97-38 may be removed from the Family Assistance Manual and destroyed.

DISTRIBUTION

This SR only will be distributed according to the narrative distribution list for the FAM. The SR and pages will be distributed to all holders of the Family Assistance and Forms Manuals.

DTA/SJC:s

-------------------------------------------------------------------------------------------------------------------------------

CERTIFICATE OF DESTRUCTION

I hereby certify that all copies of Form 221, SR 97-9/March 1997, and SR 97-19/June 1997 have been destroyed.

Office Manager:    District Office/NHEP Site     

NOTE: Return this certificate to Stock Control at DHHS State Office, 6 Hazen Drive, Concord, NH 03301 after the instructions in the SR have been carried out.