Section 0250-07-10-.02 - DEFINITIONS(1) The term "authorized expenditures" means those expenses incurred on behalf of children which have been approved by those persons designated to purchase services or goods.(2) The term "beneficiary" means the child for whom the Children's Services maintains an account in the Collective Fund.(3) The term "Black Lung benefits" means those benefits established by the Federal Coal Mine Health and Safety Act of 1969, Title IV, for miners totally disabled by black lung disease and for dependents of miners who had died from the disease or were totally disabled from the disease at death.(4) The term "Cash Basis" means the method of accounting in which the revenues and expenditures are recognized when payments are received or made.(5) The term "child" shall conform to TCA §§ 37-1-102(b) (4) and 37-1-103(c) provided, however, for purposes of accounting for the funds of a person remaining in the care of the State of Tennessee after the person's 19th birthday, the term shall include a person who was previously placed in the custody of the State of Tennessee prior to the person's 18th birthday.(6) The term "Collective Fund" for the purposes of these rules refers to the collection of children's accounts used to account for the receipt and disbursement of benefits received from the federal government and to provide for the current and future needs of children in state custody. Benefits currently received for children include SSA (Title II), SSI (Title XVI), RR, Black Lung, Veteran's and Child Support.(7) The term "Commissioner of the Department of Children's Services" means the Governor's appointee to assume the charge and general supervision of the Department of. Children's Services.(8) The term "current benefits" means those benefits, which are allowed to be spent on behalf of a child for the person's current or reasonably foreseeable needs.(9) The term "custodial department" means the department of state government which has been awarded legal custody of the child by a court.(10) The term "Department" means he State's Department of Children's Services.(11) The term "DCS" stands for the Department of Children's Services.(12) The term "Department of Children's Services" or "DCS" means the Department responsible for administering the collective fund.(13) The term "disbursement of funds" means the payment of funds for authorized expenditures for the well-being of the child. This includes the pass through of current benefits to the parent, relative, or other person with whom children are home on trial visits.(14) The term "first in, first out" means qualifying current obligations that will be paid in the chronological order in which they were received.(15) The term "funding source" means a federal agency from which monetary benefits are received by the State for children in state custody or child support.(16) The term "interest income" means interest earned on funds deposited in a State interest-bearing account, net of administrative fees incurred by State Treasurer's Office.(17) The term "legal custody" means the legal right and responsibility to provide for the physical, mental, moral and emotional well-being of the child (i.e., like those rights exercised by a parent).(18) The term "lump sum payment or retroactive benefits" means receipt of accumulated benefits for the purpose of these rules that have been identified by SSA as Dedicated Funds.(19) The term "monthly balances" means the net amount of funds on hand in an account on the last day of each month.(20) The term "open ended entitlement funds" means federal funds which the State is authorized to use for the benefit of eligible clients. This includes Title XIX and Title IV-E.(21) The term "personal need allowance (PNA)" means monies made available to the child for personal use.(22) The term "physical custodian" refers to the person in charge of a household or facility where an individual in custody is living.(23) The term "POMS" refers to the Social Security Administration's Program Operations Manual System.(24) The term "railroad retirement" means benefits made available on behalf of a child which are authorized by Railroad Retirement.(25) The term "representative payee" means that person designated by the funding source or court order to receive and be responsible for the use of funds on behalf of the child and to ensure that the beneficiary's current and reasonably foreseeable future financial and physical needs are met.(26) The term "SSA" stands for the Social Security Administration.(27) The term "State Treasurer's account" means an account maintained by the State Treasurer.(28) The term "Tennessee Office of the Treasurer interest rate" means the rate of interest determined and paid by the State Treasurer.(29) The term "Title II funds" means social security benefits (SSA) funds made available from the Social Security Administration for the care and maintenance of a child having deceased, aged, or disabled parent(s), as provided in Title II of the Social Security Act.(30) The term "Title IV-E" for the purposes of these rules means the program under AFDC Foster Care. Title IV-E provides for the maintenance payments made for eligible children in foster care family homes or child care institutions housing up to 25 people, and that portion of the title which permanently authorized States to develop adoption assistance agreements with the adoptive parents of children with "special needs." A maintenance payment is the expenditure for room, board, clothing and food.(31) The term "Title XVI funds" means supplemental security income (SSI) funds made available from the Social Security Administration for the care and maintenance of a child with a disability, as provided in Title XVI of the Social Security Act.(32) The term "Title XIX" refers to medical assistance (Medicaid) provided under Title XIX of the Social Security Act.(33) The term "trial home visit" is defined for purposes of these rules as the return of physical custody of the child to a parent, relative or other appropriate individual to determine whether full custody should be granted to that parent, relative, or other appropriate individual; however, the State retains legal custody during the trial home visit period.(34) The term "Veteran's" for the purposes of these rules, means the benefits and services to eligible veterans, members of their families, and survivors of deceased veterans.Tenn. Comp. R. & Regs. 0250-07-10-.02
Original rule filed December 28, 1995; effective April 29, 1996. Rule assigned a new control number, removed and renumbered from 1200-31-1-.02 filed and effective June 3, 1999. Repeal and new rule filed June 8, 2005; effective August 22, 2005.Authority: T.C.A. §§ 4-3-1007, 4-4-102, 4-5-217, 4-5-226(b)(2), 37-5-101, 37-5-105, 37-5-106 and 37-5-112(a), and Executive Order No. 58.