HomeMy WebLinkAbout750698.tiff 4,11661.0
TO: Tom Means, Colorado Counties, Incorporated
FROM: Gene McKenna, Weld County
DATE: January 24, 1975
Dear Tom:
Please find attached a copy of a letter received from John Jones, State Department,
regarding the rule we discussed the other day which would require that the ADC ap-
plicant mother cooperate in providing information about the alleged father if she
is to get assistance. Also attached would be part of the package of rules on ADC
that will be proposed to the State Board in February. Please note that the para-
graph marked on the last page of this material is the key paragraph which mandates
this cooperation.
Please let me know if you have any questions.
cc: Glenn K. Billings ✓
encs.
750698
• COLO. DIVSN. PUB. WE ARE STAFF MANUAL • VOL IV
PUBLIC ASSISIANCt: 4231..2 - 4231.21
ELIGIBILITY FACTORS IN CERTAIN CATEGORIES
---- - ----- ---------
-- - --_-_ ST. 00. APPROVAL
EFFECTIVE:
AID TO FAMILIES WITH DEPENDENT CHILDREN T.L.
SUPERSEDES T. L. 1296
DESERTION OR ABANDONMENT BY A PARENT
(Cont.) The parent or caretaker relative of a child for. whom AFDC is being
requested or provided is expected to cooperate in the determination
of paternity; location of an absent, unsupporting parent; and the
securing of support from such responsible relatives.
Under Federal rules for Federal financial participation, a child may
not be denied AFDC because a parent or caretaker relative fails to
assist in (1) establishment of paternity of an out-of-wedlock child
or (2) seeking support from a person having a legal duty to support
a child. (45 USCFR 233.90(h) (4) . )
Accordingly, any parent or caretaker relative who deliberately re- „\
fuses to assist in either (1) or (2) as above described shall be
removed from the assistance grant together with- medical assistance
benefits. In such instances , the child(ren) involved shall continue
to receive benefits if otherwise eligible. Such parent or caretaker
relative also shall be given every opportunity for services and as-
sistance to remove the barrier to inclusion in the assistance grant.
In instances where there is probative, factual evidence of continuing
income and/or support for such children and the parent or grantee
relative refuses to disclose the source of such income, the county
department may deny or terminate assistance on the grounds of being
•
unable to determine eligibility.
In all instances while efforts at location and the securing of sup-
• port are underway, the county department shall continue development
(or, in redeterminations, review and/or redevelopment) of remaining
factors of eligibility and shall, if all such factors are satisfied,
provide AFDC while such efforts continue. When the county's efforts
at location have not been successful, referral to the State Depart-
ment is made (see 4231.4) .
4231.21 SECURING ASSISTANCE FROM DISTRICT ATTORNEY IN AFDC CI1112)-SUPPORT EFFORTS.
County departments are to make every effort for maximum use of the
services of District Attorneys. The method of formalizing such use
is a "Plan of Cooperation," the content of which is set forth in
4321.211 . The purpose of such arrangements is to explore and utilize
all possible methods to determine liability for and secure support
in behalf of AFDC children. Such methods include: (L) establishing
parental responsibility, (2) location of absent parents, and (3) the
securing and maintenance of support. County departments also utilize
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