SR 97-28 Dated 08/97

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR releases Family Assistance Manual (FAM) Chapter 900, CHILD CARE SERVICES, which has been revised and reformatted. It also releases federally mandated citizenship requirements for recipients of assistance funded under the Social Services Block Grant (SSBG), Title XX of the Social Security Act. In New Hampshire, this affects income-eligible recipients of child care assistance who must meet the same citizenship requirements as recipients of services funded under Temporary Assistance to Needy Families (TANF). This SR also releases revised policy on noncitizen eligibility for TANF programs based on state options for coverage allowed under federal law.

In addition, the FAM now includes a specific reference to New Hampshire residency as an eligibility criterion for child care assistance. It had been assumed in the past that the general and technical requirements of AFDC/TANF and Food Stamp programs applied to all Division programs. However, for purposes of clarity and consistency, a specific statement of residency has now been included in Chapter 900.

Note: All child care assistance programs, including services provided so that eligible parents may work, look for work, or participate in education or training preparatory to work, are now administered by the Child Development Bureau, Office of Family Services, Children, Youth and Families. A statement to this effect has been added to the beginning of FAM Chapter 900.

POLICY

Revised Citizenship Requirements for TANF-Funded Services

SR 96-54, posted in the FAM, released new federal guidelines, mandated by Public Law 104-193 (also known as the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, or PRWORA), on noncitizen eligibility for TANF benefits, i.e., financial or medical assistance under the New Hampshire Employment Program (NHEP) and the Family Assistance Program (FAP). Since the release of that SR, several changes to those policies have occurred due to the State electing federally-permitted options to cover certain noncitizens, broadening the circumstances under which qualified aliens are eligible for these benefits. This SR releases these expanded eligibility policies.

New Citizenship Requirements of Income-Eligible Child Care Recipients

All parents or caretaker relatives receiving services funded under Title XX of the Social Security Act must meet the same citizenship requirements as individuals receiving TANF-funded assistance. In New Hampshire, this affects income-eligible recipients of child care assistance.

Note: The new citizenship requirements do not apply to recipient children in an income-eligible child care assistance case.

Citizenship/Alien Status - Eligibility Requirements for NHEP/FAP and Child Care Assistance

To be eligible for NHEP/FAP or child care assistance, noncitizens must meet the requirements below.

Qualified Alien Status

To be eligible for benefits, noncitizens must first be qualified aliens. A qualified alien is an individual who, at the time the individual applies for, receives, or attempts to receive assistance, is

? a lawfully admitted permanent resident under the Immigration and Nationality Act (INA);

? an asylee granted such status under section 208 of the INA;

? a refugee admitted to the U.S. under section 207 of the INA;

? a noncitizen whose deportation is being withheld under section 243(h) of the INA [Note: after April 1, 1997, withholding of deportation is under section 241(b)(3)];

? a parolee paroled into the U.S. under section 212(d)(5) of the INA for a period of at least 1 year; or

? a conditional entrant into the U.S. under section 203(a)(7) of the INA as in effect prior to April 1, 1980; or

? a noncitizen spouse or child who is or has been a victim of domestic violence while residing in the U.S. and requires assistance as a result of domestic violence (Note: see PROCEDURES, page 4 of this SR).

Unrestricted Eligibility for Certain Qualified Aliens

The following qualified aliens are eligible if all other eligibility criteria are met:

? Noncitizens on active military duty in the Armed Forces of the U.S., honorably discharged veterans, and their spouses and unmarried dependent children under 18 years of age;

? Refugees, from date of entry into the U.S.;

? Asylees, from date of INS action to grant asylum; and

? Noncitizens whose deportation is being withheld, from the date of INS action to withhold deportation.

Time Limited Eligibility for Certain Qualified Aliens

1. The following qualified aliens are eligible if entry into the U.S. occurred on or before 8/22/96:

- lawfully admitted permanent residents regardless of work history;

- conditional entrants;

- parolees; and

- certain victims of domestic or sexual violence.

2. The following qualified aliens are ineligible for 5 years from date of entry into the U.S. if such entry occurred on or after 8/23/96:

- lawfully admitted permanent residents regardless of work history;

- conditional entrants;

- parolees; and

- certain victims of domestic or sexual violence.

All other noncitizens, documented or undocumented, are ineligible for TANF or child care assistance regardless of date of entry into the U.S. or INS status.

District Offices must maintain controls to track citizenship or immigration status of individuals who meet the above requirements. See FAM Section 305.11 for information on verification of alien status.

Changes to the Format of Chapter 900

The changes listed below were made to update Chapter 900, Child Care Services:

? "NHEP" replaces "JOBS" throughout Chapter 900;

? Formatting changes were made so that Chapter 900 has its own page layout with a two column header that reads "TANF" and "Income Eligible." Because there is no policy specifically related to child care in the food stamp program, the "FS" column has been replaced with "Income Eligible". This change reflects the two kinds of eligibility for child care assistance: eligibility as a TANF-AP applicant or recipient, or eligibility as a non-TANF case with gross income at or below 170% of federal income poverty guidelines ("income-eligible"); and

? "Division of Human Services" has been replaced with "Division of Transitional Assistance" in text and page footers.

PROCEDURES

No procedural changes are being released by this SR. Use existing procedures for verification of alien status.

Exception: At this time, the federal government has not provided states with specific guidance in determining how victims of domestic violence are to be identified, nor on the kinds of specific verification required to make a judgment that specific individuals are qualified aliens solely on the basis of domestic violence. Therefore, District Offices, NHEP teams, or Contract Child Care agencies that become aware of individuals for whom this designation might apply must contact State Office for assistance in making a determination of qualified alien status based on domestic violence:

? Questions related to NHEP/FAP eligibility should be directed to the TANF Program Specialist.

? Questions related to income-eligible child care should be directed to the Child Development Bureau.

IMPLEMENTATION

Effective with the release of this SR, citizenship requirements must be applied to all new applicants for TANF or child care assistance. Noncitizens currently receiving TANF or child care assistance must have the new citizenship requirements applied no later than the next redetermination. Whenever the client reports a change in citizenship or immigration status, District Offices, NHEP teams, and Contract Child Care agencies must review the individual's status carefully to determine whether they still qualify for TANF or child care assistance.

CLIENT NOTIFICATION

No additional client notification is necessary. Noncitizens receiving AFDC/TANF assistance at the time PRWORA became law were notified of the changes to noncitizen eligibility through a targeted mailing.

MANUAL PAGE CHANGES

Existing Chapter 900 is being replaced completely by the attached Chapter 900. Related changes made to the Key Word Index are being included in SR 97-27, effective August 8, 1997, which is revising the Key Word Index in its entirety.

Note: Because of the reformatting and extensive revisions to Chapter 900, change bars were removed from the text.

TRAINING

No training is planned. Questions may be directed to the TANF Program Specialist or to the Child Development Bureau.

PEN AND INK CHANGE TO SR 96-54

On page 4 of SR 96-54, posted in the FAM, write the following: "See SR 97-28 for revised noncitizen eligibility policies."

POSTING INSTRUCTIONS

DISPOSITION

Revisions to FAM Part 305, Citizenship, will be released in a forthcoming SR. Until that time, this SR must be retained in the Family Assistance Manual.

DISTRIBUTION

This SR only will be distributed according to the narrative distribution list for the FAM. This SR and pages will be distributed to all holders of the FAM, as well as to all contract agencies providing child care for the Department.

OES/MGD:s