Alabama Administrative Code Chapter 660-5-33 — Social Services Division Emergency Assistance to Families With Children Program

660 Alabama Department of Human Resources

Ala. Admin. Code r. 660-5-33-.01 Purpose

(1) The Emergency Assistance to Families with Children Program (EA) is administered by the Department of Human Resources in order to maximize federal support for the provision of child welfare services to families and children.

(2) Whether a family is or is not eligible for Emergency Assistance will not affect the provision of other assistance and services to families and children to which they are otherwise entitled.

History

• Author: Jeanette Gautney
• Authority: Title IV-A of the Social Security Act, Section 40642 U.S.C. 606(1); 45 CFR 233.120.
• Emergency new rule effective December 1, 1993. New Rule: Filed February 4, 1994; effective March 11, 1994.

Ala. Admin. Code r. 660-5-33-.02 Determination Of Emergency Assistance_Eligibility

(1) Application.

(a) An application for Emergency Assistance must be completed for each family by a service worker in the County Department of Human Resources when the worker determines that an emergency exists and that in-house or purchased services are needed for the family and child(ren); i.e., when the case is opened.

(b) The application must be completed within 72 hours of the initiation of services.

(c) The application is to be signed by a child's responsible parent/relative or by the County Department of Human Resources service worker if the parent/responsible relative is not available or unwilling to participate in the application.

(2) Eligibility Requirements. Eligibility of a family and child(ren) for Emergency Assistance will be determined based on the following:

(a) The child must not have reached his/her twenty-first birthday and must have resided with a parent or other relative at some time within the six months prior to the application date.

1. "At some time" means that the child must have resided at least one day or night with a parent or other relative within the last six months prior to the application.

2. "Relatives" for purposes of the application are the same as those defined in the Aid to Families with Dependent Children (AFDC) program.

(b) An emergency must exist as defined below:

1. Situation in which a child(ren) has been removed from his/her home and placed in foster care; or

2. Situation in which there is the risk of removal of a child(ren) from his/her home as determined by the County Department of Human Resources.

(c) The emergency must not have arisen because of an adult family member's refusal to accept employment without good cause.

(d) The family's income must be less than two time the median income per year for a family.

1. If the parent(s)/relative(s) is available and willing to cooperate in the application process and indicates there is income, the worker must verify the family's income.

2. If the family declares no income or refuses to cooperate and the worker, after reviewing the family's current situation, believes that income exists, the worker must verify the family's statement.

3. If the family declares no income and the worker believes that no income exists, the worker will accept the declaratory statement.

4. If the family refuses to cooperate and the worker, after reviewing the family's current situation, believes there is no family income other than the child's income, the worker can apply on behalf of the child and consider only the child's income.

History

• Author: Jeanette Gautney
• Authority: Title IV-A of the Social Security Act, Section 40642 U.S.C. 606(1); 45 CFR 233.120.
• Emergency new rule effective December 1, 1993. New Rule: Filed February 4, 1994; effective March 11, 1994. Emergency amendment effective April 1, 1994. Amended: Filed June 7, 1994, Effective Date July 12, 1994. Succedent emergency amendment effective August 15, 1994. Amended: Filed October 5, 1994; Succedent permanent amendment effective November 9, 1994.

Ala. Admin. Code r. 660-5-33-.03 Authorization Of Assistance

(1) A family who is determined to be eligible shall receive an Emergency Assistance authorization for a period not exceeding twelve months.

(2) The effective date of the authorization is the first date in which the child is in foster care, custody, supervision, or when purchased services are to be delivered. The date cannot be more than three days before the application date and cannot be more than three days after the application date.

(3) Subject to their respective assistance or service eligibility criteria, the following assistance and services may be provided when determined as necessary by a service worker in the County Department:

(a) Assistance with paying for care of a child in a shelter, foster home or other child care facility as well as emergency living expenses, as appropriate and necessary, to alleviate the family's emergency; and

(b) Services such as information and referral, case planning and case management, counseling, support activities to normalize family functioning, and health care and health maintenance activities.

History

• Author: Jeanette Gautney
• Authority: Title IV-A of the Social Security Act, Section 40642 U.S.C. 606(1); 45 CFR 233.120.
• Emergency new rule effective December 1, 1993. New Rule: Filed February 4, 1994; effective March 11, 1994. Succedent emergency amendment effective August 15, 1994. Amended: Filed October 5, 1994; Succedent permanent amendment effective November 9, 1994.