Ga. Comp. R. & Regs. 290-2-28-.14

Current through Rules and Regulations filed through October 29, 2024

Rule 290-2-28-.14 - Ineligibility

An applicant or recipient shall be ineligible for cash assistance if any of the following exist:

(a) The applicant's or recipient's family does not include a minor child;

(b) The applicant or recipient does not cooperate with the department in establishing paternity, in providing assistance in a fraud and abuse investigation, or in establishing, modifying, or enforcing a support order with respect to a child of an applicant or recipient, and the applicant or recipient does not qualify for any good cause exception which may be established by the board;

(c) The applicant or recipient fails to assign to the department any rights that applicant or recipient may have to support from any other person, not exceeding the total amount of assistance so provided to the family which accrue or have accrued before the date the recipient family leaves the program, in accordance with the provisions of Part A of Title IV of the federal Social Security Act, as amended;

(d) The applicant or recipient is convicted of a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1 on or after January 1, 1997;

(e) The applicant or recipient is convicted of any felony under Article 2 of Chapter 13 of Title 16, "Georgia Controlled Substances Act," on or after January 1, 1997;

(f) The applicant or recipient is under 18 years of age, is not married, has a minor child at least 12 weeks of age in his or her care, and has not completed a high school education or its equivalent, unless the applicant or recipient participates and obtains passing grades in:

1. Educational activities directed toward the attainment of a high school diploma or its equivalent; or

2. An alternative educational training program that has been approved by the department;

(g) The applicant or recipient is under 18 years of age, has never married, and is either pregnant or has a minor child in his or her care, unless:

1. The applicant or recipient and the child or children live in a place of residence maintained by the applicant's or recipient's parent, legal guardian, or other adult relative of the applicant or recipient as such parent's, legal guardians, or adult relative's own home; or

2. The applicant or recipient lives in a foster home, maternity home, or other supportive living arrangement supervised by an adult;

(h) The applicant or recipient is fleeing to avoid prosecution or custody or confinement after conviction of a felony under the laws of the place from which the applicant or recipient is a fugitive;

(i) The applicant or recipient violates a condition of probation or parole imposed under state or federal law; or

(j) The recipient is pregnant and fails to participate actively in prenatal care as arranged by the department at a level defined by the department.

(k) Paragraphs (f) and (g) of this rule shall not apply if the applicant or recipient has no parent or legal guardian whose whereabouts are known, or no parent or legal guardian of the applicant or recipient allows the applicant or recipient to live in the home of that of the parent or legal guardian, or the department otherwise determines that there is good cause not to apply the prohibitions contained in said paragraphs.

Ga. Comp. R. & Regs. R. 290-2-28-.14

O.C.G.A. Secs. 49-1-2, 49-2-6, 49-4-3, 49-4-183, 49-4-186.

Original Rule entitled "Ineligibility" adopted. F. Jun. 10, 1997; eff July 1, 1997, as specified by the Agency.