|
|
Department
of Human Services Families
First Online Policy Manual Assistance
Unit |
Revised: |
7.7 |
EXCEPTIONS |
|
|
|
·
Emancipation of a minor by court order or any other
action has no effect on a person’s status as a minor for Families First
purposes. ·
Different sets of children living in the
same home (e.g., a
mother and her children plus her two nephews who are siblings) may be in separate
assistance units when it is to the advantage of the assistance unit. Bulletin
23, FA-10-12 ·
Legal Guardians or custodians may receive Families First
for a child only if the guardian is within a specified degree of
relationship to the child. -
If a child
lives with a specified relative who has a legally appointed guardian or
custodian, the guardian/custodian must file the application and be named
payee for the grant. -
A
guardian/custodian may file an application on behalf of a dependent child and
be appointed payee for the grant. The
child must, however, live in the home of a specified relative to be eligible. ·
Convicted
Drug Felons may be eligible to receive Families First if the felony has NOT been classified as a Class A
felony involving the manufacture, possession, sale, or distribution of a
controlled substance, and
the convicted individual: -
Is complying
with, or has already complied with, all obligations imposed by the criminal
court, including any substance abuse treatment obligations; and -
Is currently
participating in a substance abuse treatment program approved by the
Department of Human Services; or -
Is currently
enrolled in, and/or on a waiting list for, an approved substance abuse
treatment program approved by the Department of Human Services, as long as
he/she enters the treatment program at the first available opportunity; or -
Has
satisfactorily completed a substance abuse treatment program approved by the
Department of Human Services; or -
Has been
determined by a treatment provider licensed by the Department of Health,
Division of Alcohol and Drug Abuse Services, not to need treatment according
to TennCare guidelines. Bulletin 3, FA-11-2 Note: An approved substance abuse treatment
program is one that has been licensed by the Tennessee Department of
Health. A listing of such programs may
be found on the Department of Health’s website at www.state.tn.us/health. Bulletin
3, FA-11-2 If the individual received treatment in a
state other than Tennessee, this definition would extend to a substance abuse
treatment program licensed or approved by the appropriate state agency in the
state where the individual received treatment. Other
treatment programs not covered in this definition may be considered on a
case-by-case basis by contacting the Families First Policy Section in the
State Office. Effective
July 1, 2011, if a drug
treatment program is prescribed for an individual convicted on or after July 1, 2011 under
federal or state law, of any drug felony offense (first or
subsequent) involving possession, use, or distribution of a controlled substance, and the individual fails to successfully
complete the treatment program within three attempts, he/she will be
ineligible for Families First for a period of three years. When it
becomes known to the Department that an individual has failed to successfully
complete a prescribed treatment program within three attempts, action will be
taken to remove the individual from the case effective the next processing
month. An additional three-year
period of ineligibility will not be imposed when an individual fails within
three attempts to successfully complete a prescribed drug treatment program
while serving a three -year ineligibility period for a subsequent offense. Effective
July 1, 2011, an individual convicted on
or after July 1, 2011, of a second or any subsequent drug
felony offense under federal or state law, involving possession, use, or
distribution of a controlled substance, shall not be eligible for Families
First benefits for three (3) years from the date of conviction. If the ineligible drug felon is convicted
of any subsequent drug felony offense during his/her current three-year
ineligibility period, the three-year period of ineligibility will be extended
based on the date of the most recent
conviction. This action will be
necessary because each conviction date is subject to a three-year
ineligibility period. NOTE: To be
eligible for Families First after the three-year ineligibility period ends,
the individual must meet the eligibility criteria listed above in this section. Bulletin
23, FA-11-14 |
|