MEMORANDUM

DISCUSSION:

Sections 0210.000.00 through 0210.005.15 of the Temporary Assistance/Case Management manual have been updated.

Sections 0210.000.00 and 0210.005.15 have been updated to change assistance group to eligibility unit.

Section 0210.005.00 has been updated to change assistance group to eligibility unit, and to provide guidance when a child has been adopted and returns to the biological parent’s home.

Section 0210.005.05 has been updated to expand the definitions of father:

• biological father is a man who impregnated the child’s mother;
• An alleged father is a man identified by the child’s mother or custodian as the child’s biological father, prior to the creation of a presumption of paternity or the legal establishment of paternity.
• A self-alleged father is a man who voluntarily signs a Father’s Affidavit Acknowledging Paternity (VS 465F).
• A presumed father is a man who, by operation of law, is identified as the likely father but who has not been legally established as the father. If the mother is married at the time of the child’s birth, her spouse is the “presumed father”.
• A man is a legal father if an administrative or judicial order determines him to be child’s father.  A man is a legal father of a child born in Missouri when a VS 465 is signed by both the biological mother and father and filed with the Bureau of Vital Records (BVR) on or after July 1, 1997.  After April 15, 2010, the Mother’s Affidavit Acknowledging Paternity (VS 465M) and the Father’s Affidavit Acknowledging Paternity (VS 465F) must both be signed. A man is the legal father of a child born outside of Missouri when he and the child's biological mother sign an affidavit and it is filed with that state's birth records agency, and that state's law provides that a paternity acknowledgement by affidavit establishes a legal finding of paternity.

An alleged or self-alleged father is only included in the eligibility unit (EU) when he and the child’s mother have both signed the VS 465 or the VS 465M and VS 465F and these documents are filed with the Bureau of Vital Records.

A dependent child definition has been updated to add the provision: never been married.   Once a dependent child is married, they are no longer considered a dependent child, even if their spouse is not in the home.

Examples of eligibility units have also been added.

Section 0210.005.10 has been updated to add information regarding foster care maintenance payments.  Foster care maintenance payments include:

• Title IV-E (Federal Funding for Children's Division Programs) coded 02 Alternative Care IV-E or 04 Adoption Subsidy IV-E;
• Title XIX FFP (Federal Funded Program Title XIX State Funded Maintenance) coded 12 Title XIX; or
• HDN Funding (Homeless, Dependent, and Neglected) coded 01 HDN or 03 Adoption Subsidy HDN.

 Brothers and sisters, including half-brothers and half-sisters are excluded from the eligibility unit when they are married, even if the spouse doesn’t live in the home.

Fair Hearing Request

If the eligibility unit (EU) requests a fair hearing due to individuals included or excluded from the EU, fax the fair hearing request to the Hearings Unit the same day. It is important to send all Agency evidence to the Hearings Unit as soon as possible. All available evidence should be sent to the Hearings Unit with the original request for hearing within 24 hours. Do not wait until a few days before the hearing to send the evidence.

For budget adjustments or closings, evidence includes, but is not limited to:

• FA-100 Request for Application (signed),
• FA-102 Interview Summary,
• Comments Screens,
• Manual sections/legal references,
• Budget Screen or TABUDSUM,
• Payment History screen, and   
• Copy of Rejection or Closing Letter.

Provide a copy of the evidence to the EU asking for the hearing and their legal representative, if appropriate, and schedule a pre-hearing conference. If the EU designates an attorney or authorized representative for the hearing, send a copy of all notices and evidence for the hearing to the EU and the designated individual.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.

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