Section 17-656.1-17 - Persons to be excluded(a) A person who receives supplemental security income benefits shall be excluded from the TANF program. All income and resources received by the person receiving SSI benefits shall not be considered in determining the amount of the financial assistance payment for the remainder of the family members.(b) A needy person who fails to comply with the requirement to furnish a social security number shall be excluded from the program. When failure to furnish a social security number is on behalf of a child, the child shall be the person excluded from the program.(c) The child who is temporarily absent from the home and whose total monthly needs are met by others shall be excluded.(d) The needs of an unborn child shall be excluded from the TANF financial assistance payment.(e) The needs of the father of an unborn child without other eligible children shall be excluded from the TANF financial assistance payment.(f) A child receiving federal or state foster care maintenance assistance shall be excluded from the TANF financial assistance payment.(g) A child of a child receiving federal foster care maintenance assistance shall be excluded from the TANF financial assistance payment;(h) A child receiving federal or state adoption assistance shall be excluded from the TANF financial assistance payment if including the child would result in a reduction of the TANF financial assistance payment amount. In making this determination, the department shall: (1) Consider the adoption assistance as unearned income when the child is included in the financial assistance payment;(2) Consider the difference between the financial assistance payment which includes the needs and income of the child and the financial assistance payment which excludes the needs and income of the child.(i) A child eligible for but not receiving federal or state foster care maintenance assistance, may be excluded from the TANF financial assistance payment.(j) The adult natural, adoptive or hanai parent of a child for whom the state has obtained legal custody and has placed under the care and supervision of another individual, shall be excluded from the program when the adult natural, adoptive or hanai parent is living in the same household as the child and the individual providing care and supervision. The exclusion shall also include any natural, adoptive or hanai children, or stepchildren living with the adult natural, adoptive or hanai parent for whom the state has not obtained legal custody.(k) An individual who has been disqualified for an intentional program violation (IPV) in a financial assistance program as specified in chapter 17-604.1, shall be excluded from the program for the period of the IPV disqualification.(l) An individual who fails to meet the citizenship requirements specified in section 17-655-41, shall be excluded from the program.(m) An individual found guilty of fraudently misrepresenting residence to obtain assistance in two or more states shall be excluded from the program. The penalty period shall be ten years from the date of conviction.(n) A fugitive felon shall be excluded from the program.(o) An individual who is in violation of a condition of probation or parole shall be excluded from the program.(p) An individual convicted after August 22, 1996 of a felony offense for possession, use, or distribution of drugs that has refused treatment or has failed to comply with a treatment program as required by the court shall be excluded from the program.Haw. Code R. § 17-656.1-17
[Eff 9/26/97; am 7/16/99; am 10/18/01: am and comp 1/20/05; am and comp 6/26/09] (Auth: HRS § 346-14) (Imp: 42 U.S.C. §§601, 602, 608; HRS §§ 346-29; 346-53.3)