204 Pa. Code § 401.1

Current through Register Vol. 55, No. 1, January 4, 2025

Section 401.1 - Definition of Terms

"Act" means the Access to Justice Act, Title 42, Chapter 49 of the Pennsylvania Consolidated Statutes, and as it may be amended.

"Applicant" is the person who voluntarily requests legal assistance, or on whose behalf service is requested. The Applicant is the determining factor in defining "individual or family status" for eligibility determination purposes.

"Fee-generating case" means any case or matter which, if undertaken on behalf of a client by an attorney in private practice, reasonably may be expected to result in a fee for legal services from an award to a client, from public funds, or from the opposing party.

"Eligible Legal Services Provider" is a not-for-profit entity incorporated in this Commonwealth, tax exempt under 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), or any successor provision, which operates within this Commonwealth for the primary purpose of providing civil legal services without charge, and which operates to provide such civil legal services to eligible clients and victims of abuse under contract or subcontract with the Department of Public Welfare for the expenditure of funds appropriated by the General Assembly for the provision of legal services.

"Emancipated Minor"

(a) An emancipated minor is a person under 21 years of age (irrespective of whether he/she is receiving services designed for adults or children) who either:

(1) is married, whether he/she lives within, or away from, his/her parent's household; or

(2) has left the parental household or has established himself/herself as a separate entity within the parental household; and

(i) is acting for himself/herself independent of control by his/her parents, or persons acting as loco parentis; and

(ii) is financially independent of his/her parents, although he/she may be receiving financial assistance or benefits to which he/she is entitled in his/her own right.

(b) An unmarried minor who, after living outside the parental household, returns to live with his/her parents or someone acting in loco parentis, is no longer considered emancipated unless he/she remains independent of control by his/her parents or someone acting in loco parentis, and is financially independent of them although he/she may be receiving financial assistance or benefits in his/her own right.

"Family"

(a) A family is one or more adults and unemancipated minor children, if any, who are related by blood or law, and who reside in the same household.

A Family includes:

(1) one person and his/her unemancipated minor children (natural and adoptive) who reside in the same household;

(2) two persons in a marriage or common law relationship who reside in the same household;

(3) two persons in a marriage or common law relationship and their joint unemancipated minor children (natural and adoptive) who reside in the same household;

(4) two persons in a marriage or common law relationship and their joint unemancipated minor children (natural and adoptive) and the unemancipated minor children (natural and adoptive) of either/both persons who reside in the same household.

(5) two persons who are residing together with a child(ren) in common.

(b) A pregnant woman shall be counted as one person in the determination of family size.

(c) A man and woman who are legally free to marry, who agree to live together as husband and wife without benefit of a marriage license, and both publicly and privately consider themselves married are regarded as living in a common law relationship.

(d) A person defined as "Individual" is not included in a family grouping.

(e) A person may choose to count as a family member any other person(s) residing in the same household who is claimed by that person as a tax dependent.

"Criminal proceeding" means the adversary judicial process initiated by a formal complaint, information, or indictment charging a person with an offense denominated "criminal" by applicable law and punishable by death, imprisonment, a jail sentence, or a fine.

"Individual" is any of the following:

(a) an emancipated minor;

(b) an unemancipated minor living with persons other than his/her natural or adoptive parents;

(c) an unemancipated minor living in a residential facility serving dependent and delinquent children;

(d) an adult who resides alone;

(e) an adult who resides with another related or unrelated adult, other than persons who are married including those living in a common law relationship.

"Legal Assistance" means the provisions of any legal services consistent with the Rules of Professional Conduct of the Supreme Court of Pennsylvania and with the purposes and provisions of the Act.

"Lobbying Activities" are any efforts to influence Federal, State or local legislative or administrative action, including, but not limited to, activities intended to influence the issuance, amendment or revocation of any executive or administrative order or regulation of a Federal, State or local agency, or to influence the introduction, amendment, passage or defeat of any legislation by the Congress of the United States or by any State or local legislative body.

"Recipient" means an eligible Legal Services Provider that receives a grant of funds derived from the Act.

"Telephone Advice and Brief Service" means civil legal assistance provided to eligible Applicants by Recipients through a telephone service system which provides legal advice, information and brief services at or near the time an eligible Applicant contacts the Recipient. Such telephone service systems are often referred to as "helplines" or "hotlines." Legal assistance provided through these systems is limited to advice and counsel, brief services, and referral after legal assessments when such activities are likely to address the problem without the need for in-person initial contact and within a short time from the contact by the eligible Applicant.

204 Pa. Code § 401.1