§ 46-296 — Eligibility for assistance; unwed minor parents

A. Except as provided in subsection B, an assistance unit headed by an unmarried person under eighteen years of age is not eligible for assistance benefits.

B. Subsection A does not apply to unwed minor parents in any of the following situations:

1. The applicant has no living or locatable parent, other legally responsible adult relative or legal guardian.

2. The applicant is a legally emancipated person. For purposes of this paragraph, "emancipated person" means a person who, under the laws of this state, is neither under a legal duty of service to a parent or parents, other adult relative or legal guardian nor entitled to the support of a parent or parents, other adult relative or legal guardian. The department shall adopt rules prescribing relatives who can be considered as an "other adult relative".

3. On submission of an applicant's statement of abuse or neglect, the department determines that there is sufficient evidence that the health or safety of the applicant or the applicant's dependent child or children would be jeopardized if the applicant or dependent child or children resided with the applicant's parent, other legally responsible adult relative or legal guardian.

4. The unwed minor parent and his child or children reside with the minor's parent or parents, other adult relative or legal guardian who either has eligible children or is determined needy by the department. The department shall use the following guidelines when determining eligibility pursuant to this paragraph:

(a) In the case of the minor's parent or parents, other adult relative or legal guardian with eligible children, the department shall combine all eligible children in one assistance unit and grant. The minor parent's parent or parents, other adult relative or legal guardian shall be the applicant and payee for the assistance grant.

(b) For purposes of determining whether the minor's parent or parents, other adult relative or legal guardian is needy, the department, by rule, shall adopt a screening tool with income criteria not exceeding those used to determine eligibility for assistance benefits. If the department determines the household to be needy, the unwed minor parent shall be considered an eligible applicant for assistance benefits.

C. Nothing in this section shall be construed to prevent an otherwise eligible person who is not eligible for cash assistance benefits pursuant to subsection A from being eligible to receive covered medical services under title 36, chapter 29 or any other services that are directly linked to eligibility for the temporary assistance for needy families program.

D. Any attempt by a minor applicant for assistance benefits to knowingly misrepresent information in a manner that is designed to subvert the requirements of subsection B constitutes fraud, and the department shall report the person to the appropriate authorities. The department also shall report to the appropriate authorities any evidence of abuse or neglect the department obtains while making a finding pursuant to subsection B, paragraph 3 regarding the health or safety of an unwed minor parent or the unwed minor parent's dependent child or children.

E. In implementing any provision under this title regarding limiting benefits for additional children, the department, only for the purposes of attempting to assign a birth to a specific assistance unit, shall consider as separate assistance units the combined household referenced in subsection B, paragraph 4.