AID TO FAMILIES WITH DEPENDENT CHILDREN

M.G.L. pt. Part I, tit. Title XVII, ch. c. 118

in effect

M.G.L. c. 118, § 1 Definitions

c. 118, § 1. Definitions Section 1. The following words and phrases as used in this chapter, unless the context otherwise requires, shall have the following meanings:— ''Dependent child'', a needy child who has been deprived of parental support or care by reason of the death, continued absence from the home, physical or mental incapacity or the unemployment of a parent, and who is living with his father, mother or other parent in a place of residence maintained by one or more of such relatives as his or their own home and who is under the age of eighteen or who is eighteen and a full-time student in a secondary school or in the equivalent level of vocational or technical training and who may reasonably be expected to complete such program before reaching age nineteen. ''Parent'', shall include, in addition to the father and mother of the dependent child, the following:— stepfather, stepmother, stepbrother, stepsister; any blood relative, including those of the half blood, except cousins who are more distantly related than first cousins; adoptive relative of equal propinquity to the foregoing; and spouses of any such persons. ''Aid to families with dependent children'', money payments with respect to families with a dependent child or children. ''Department'', the department of transitional assistance.

M.G.L. c. 118, § 2 Aid to parents with dependent children

c. 118, § 2. Aid to parents with dependent children Section 2. The department shall aid a parent in properly bringing up, in his or her own home, each dependent child, but no aid shall be granted, under this chapter, for, or on account of, any child unless the said child resides in the commonwealth. Further, the department shall render aid to any pregnant women, who is otherwise eligible, upon medical verification of pregnancy. The aid furnished shall be sufficient to enable such parent to bring up such child or children properly in his or her own home, and shall be in an amount to be determined in accordance with budgetary standards of the department, and shall be granted from the date on which the applicant is determined to be eligible or thirty days from the receipt of a signed and completed application form, whichever is earlier. Such assistance shall be paid by cash or in check and shall be paid semimonthly in advance unless the applicant prefers less frequent payments. Notwithstanding any general or special law to the contrary, aid shall be provided for each such child or children without regard to whether the child was conceived or born after the parent began receiving aid under this chapter. Payment for funeral expenses of any such parent or dependent child in his or her custody may be paid directly to the person furnishing such services. Payment for other services rendered to such parent or dependent child in his or her custody may be paid directly to the person furnishing such services only when such payment is effected to meet an expense which remained unpaid at the time of the death of the parent or his commitment to an institution as a mentally ill person or in a case where such payment is necessary to discharge an obligation incurred by the department in securing such services for such parent or dependent child. Nothing in this chapter shall be construed as authorizing any public official, agent or representative, in carrying out any provision of this chapter, to take charge of any child over the objection of the father or the mother of such child, or of the person standing in loco parentis to such child, except pursuant to a proper court order. The department may pay a sum not exceeding $1,100 toward the funeral and final disposition of a recipient to the funeral establishment if there are insufficient resources to pay for the cost of such funeral and final disposition and if the total expense of the funeral and final disposition does not exceed $3,500. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the recipient. Effective July first of every year, subject to appropriation, the department shall increase the total budget of each eligible recipient, before taking into consideration any available income and resources, by a percentage amount equal to the percentage rise in the United States Consumer Price Index for January first of that year over the level of said index for January first of the previous year plus such additional percentage amount as is recommended annually by the department and appropriated by the general court.

M.G.L. c. 118, § 2B Application form; contents

c. 118, § 2B. Application form; contents Section 2B. Every application for assistance made under this chapter shall be in writing on application forms prescribed by the commissioner and shall include but not be limited to the following; the name, age and residence of the applicant; the name, date and place of birth of each dependent; the social security number of the applicant, the spouse and all dependent children over sixteen years of age; a list of any motor vehicle or trailer owned by the applicant or dependent; wages, salaries, pensions, fees, tips, bonuses and all other sources of income of all such persons; said application form shall include a statement not inconsistent with federal regulations giving consent to the department to investigate all facts related to the applicant's eligibility for assistance. The application form prescribed in paragraph one shall contain a statement that it is signed by the applicant under the penalties of perjury.

M.G.L. c. 118, § 3 Duties of department

c. 118, § 3. Duties of department Section 3. Except as hereinafter provided, the department shall determine what aid is necessary to enable such parent to bring up such child or children. For this purpose, the department shall make an immediate and careful inquiry, including the resources of the family and ability of its other members, if any, to work or otherwise contribute to its support, the existence of relatives able to assist the family and societies or agencies who may be interested therein; shall, in any case involving a missing parent require the applicant or recipient to furnish in writing under the penalties of perjury, complete information within the knowledge of such applicant or recipient pertinent to the location of said missing parent; shall take all lawful means to locate said missing parent; shall take all lawful means which shall include, in appropriate cases, the institution of criminal proceedings, to compel all persons bound to support such parents and such child or children to support them, and to enforce any other legal rights for their benefit; shall encourage all members of the family who are able to work, to secure work; shall help them to find work; and shall secure all necessary aid for such parent and such child or children which can be secured from relatives or organizations; provided, however, that any exemption now or hereinafter permissible under the federal Social Security Act relative to earned income may be allowed; and provided, further, that determination of eligibility be completed within forty-five days of the date of application. The department shall follow federal regulations relative to search for missing parents, and employment and employment training for certain recipients. The department shall give first priority in employment placement activities to each parent whose unemployment has caused his or her children to be dependent within the meaning of this chapter and shall insure that all services necessary for such employment are available to said parent within thirty days after initial receipt of benefits under this chapter. Consistent with all applicable state and federal regulations, said parent shall not refuse employment. If such refusal of employment is without good cause, said parent shall be determined ineligible for this program. A recipient whose youngest dependent is at least six years of age shall be referred to the department of career services or shall be enrolled in any vocational training program; provided, however, that a recipient shall not be compelled by the department to be trained or to be employed in domestic service, nor required to accept such employment if such employment would require work between the hours from six o'clock postmeridian of one day and six o'clock antemeridian of the following day. In no case shall a recipient be required to seek or accept employment as a condition for eligibility when a mental or physical disability of a dependent child requires presence at home. No individual shall be considered ineligible for aid or assistance because of failure to comply with the provisions of this chapter if such failure is due to illness or disability. This section shall not apply to any recipients under chapter one hundred and eighteen A nor to recipients of assistance under this chapter with dependent children under six years of age; provided, however, that in a two parent household, only one parent shall be exempt from the provisions of this section. In no event shall such failure to comply with the provisions of this section affect the eligibility of minor children for assistance under this chapter.

M.G.L. c. 118, § 3A Access to information by department for purpose of locating, establishing and enforcing liability of persons obligated to pay support

c. 118, § 3A. Access to information by department for purpose of locating, establishing and enforcing liability of persons obligated to pay support Section 3A. For the purpose of locating, establishing and enforcing the liability of any person who is legally obligated by court order or otherwise to support his spouse or children and who is obligated to pay such support either to the department pursuant to section twenty-one of chapter eighteen or to individuals on whose behalf the department is giving aid in the enforcement of support obligations pursuant to Title IV–D of the Social Security Act, the department shall have access to the following information in accordance with the following conditions and requirements: (a) The department may request from any employer whom the department has reason to believe employs a person described above, information concerning the dates and amounts of compensation paid to such person and the persons' last known address, social security number, and available health or medical insurance benefits. The department shall not inquire of an employer concerning any such person more than once every four months. Employers shall respond to such requests fully and in writing, but may limit their responses to the period beginning four months before the date of the request. No employer who complies with this section shall be liable in any civil or criminal action or proceeding brought by the employee on account of such compliance. Any employer who, without reasonable cause, fails to comply with such requests or who willfully renders false information in reply to such requests, pursuant to this paragraph, shall be liable for a penalty of one hundred dollars per violation. (b) The department may request from the department of revenue state income tax information concerning any person described above. The commissioner of the department of revenue, upon written request, shall furnish to the commissioner of the department or his designee, the address, filing status, amounts, nature, and sources of income, including names and addresses of all employers, and the number of dependents reported on the most recent return filed by any individual with respect to whom child support obligations are sought to be established or enforced pursuant to section twenty-one of chapter eighteen or pursuant to the provisions of part D of Title IV of the Social Security Act. Such information shall be available only for the purposes of, and to the extent necessary in establishing and collecting child support obligations from, and locating, individuals owing such obligations.

M.G.L. c. 118, § 3B Employment counseling and job training program

c. 118, § 3B. Employment counseling and job training program Section 3B. The department, in collaboration with the commonwealth corporation, shall establish an employment counseling and job training program to ensure appropriate training for recipients of cash assistance under transitional aid to families with dependent children. The department, in consultation with the commonwealth corporation, shall work with community colleges, vocational schools, one-stop career centers, adult basic education programs, adult college transition programs and other workforce training programs to identify and develop, if necessary, employment training programs and resources, including programs and resources that meet participants' language and cultural needs and refer applicants to these programs or resources; provided further, that the program shall include, but not be limited to; (1) job coaching; (2) assistance in resolving workplace disputes; (3) life skills development; (4) transportation assistance; (5) counseling; (6) tutoring; (7) support services referrals; (8) tax information forms regarding state and federal earned income tax credits; and (9) any other activities to assist recipients through the first year after transitioning into employment.

M.G.L. c. 118, § 3C Pathways to self-sufficiency program

c. 118, § 3C. Pathways to self-sufficiency program Section 3C. (a) The department, in consultation with the commonwealth corporation, shall establish the pathways to self-sufficiency program to promote financial independence for recipients of transitional aid to families with dependent children, hereinafter referred to as TAFDC, by coordinating the placement of recipients with regional employers through employment agencies, including one-stop career centers, with the goal of permanent employment. The program shall identify applicants with relevant job skills and experience, then match those applicants with appropriate employment for the required number of hours, as specified in 106 CMR 203.400(A)(5). Applicants shall be referred to the program following an intake and employment assessment process. (b) The department, in consultation with the commonwealth corporation, shall create selection criteria and guidelines for employment agencies seeking to participate in the placement of applicants, including, but not limited to: (1) experience with job-seeking difficulties facing recipients of public assistance; (2) demonstrated ability to identify and overcome barriers to employment; (3) geographic diversity; (4) experience with members of diverse populations and individuals who do not speak English; (5) a willingness to accommodate job seekers with dependent children or family members; and (6) a proven track record of job placement and retention. (c) For identified applicants who are not connected with appropriate employment within 60 days of applying for TAFDC benefits, the department shall provide a written finding as to why the pathways to self-sufficiency program was not successful. The finding shall be part of the applicant's TAFDC case file. (d) The department shall annually file a report, in consultation with the commonwealth corporation, detailing the number of households and recipients receiving cash assistance under TAFDC who are participating in the pathways to self-sufficiency program who can reasonably be moved into gainful employment within 12 months of applying for TAFDC benefits. This report shall include, but not be limited to: (1) the cost of implementing the components of the pathways to self-sufficiency program; (2) the estimated placement cost per participant; (3) job placement and retention rates; (4) the extent to which appropriate activities and supports were available to recipients; (5) the components of the pathways to self-sufficiency program that were implemented in light of available resources and appropriations; and (6) the reasons recipients were unsuccessful in obtaining gainful employment within 12 months. The report shall be filed with the clerks of the house of representatives and the senate who shall forward the report to the house and senate chairs of the joint committee on children, families and persons with disabilities and the house and senate committees on ways and means. (e) The department shall promulgate regulations in accordance with this section.

M.G.L. c. 118, § 4A Aid to dependent children during absence of parents or children from commonwealth; reciprocal agreements

c. 118, § 4A. Aid to dependent children during absence of parents or children from commonwealth; reciprocal agreements Section 4A. Any parent receiving aid under this chapter, or any child for whose bringing up such aid is furnished, may be absent from the commonwealth on visit without having such aid suspended. Such parent, before his departure or the departure of the child from the commonwealth and following return thereto, shall notify the department. The department may provide by rules or regulations for the continuation of such aid during such period as it may deem proper with respect to cases where the suspension of such aid because of absence from the commonwealth would result in undue hardship or be inconsistent with the purposes of this chapter. The department may also provide by rules and regulations for the payment of aid under this chapter for a parent and child or children who have moved permanently from the commonwealth to another state, so as to continue said aid until such time as may be reasonably necessary for such parent to meet requirements for receiving similar aid from such other state; provided, that after the expiration of a period of three months' residence in such other state, the amount of such aid shall not exceed the amount of aid that the parent would receive from such other state if eligible therefor; and provided, further, that such aid shall be granted only when reciprocal agreements are in effect between this commonwealth and said state under section fourteen of chapter eighteen.

M.G.L. c. 118, § 4B New Chardon street shelter; continued assistance for eligible families; sliding scale system of fees

c. 118, § 4B. New Chardon street shelter; continued assistance for eligible families; sliding scale system of fees Section 4B. The department shall continue to provide assistance to families who are otherwise eligible for such assistance under the provisions of section two and who are temporarily making their residence at the New Chardon street shelter in the city of Boston administered by the department of children and families. Said department of children and families is further authorized and directed to establish a sliding scale system of fees for the provision of temporary housing services at the New Chardon street shelter in said city of Boston. The fee under such system for a family receiving benefits under said section two shall not exceed the food and shelter component for such benefits as established by the department of transitional assistance.

M.G.L. c. 118, § 5 Reports of department

c. 118, § 5. Reports of department Section 5. The department shall, in addition to its annual report, make such reports to the Secretary of Health, Education and Welfare under the Federal Social Security Act, as amended, as may be necessary to secure to the commonwealth the benefits of said act.

M.G.L. c. 118, § 9 Eligibility to receive veterans' benefits; option; waiver

c. 118, § 9. Eligibility to receive veterans' benefits; option; waiver Section 9. If an application for aid under this chapter is affected by the eligibility of the applicant to receive benefits under chapter one hundred and fifteen, the applicant shall be entitled to exercise such options and execute such waivers as may be necessary to receive the aid which he seeks.

M.G.L. c. 118, § 10 Exemption from trustee process; assignment; false statement or fraud

c. 118, § 10. Exemption from trustee process; assignment; false statement or fraud Section 10. Aid hereunder shall not be subject to trustee process and no assignment thereof shall be valid. No applicant for aid hereunder, who knowingly makes any false statement, or seeks to perpetrate any fraud or deception, in or relative to his application for such aid, shall be granted any aid hereunder upon such application.

M.G.L. c. 118, § 11 Institutions furnishing care; application for aid; payment

c. 118, § 11. Institutions furnishing care; application for aid; payment Section 11. If a parent or dependent child requests care at an institution, as defined in section two of chapter one hundred and eighteen E, the institution furnishing such care may initiate an application on behalf of the parent or dependent child to the department and the department shall accept the application and act thereon. Such institution shall be entitled to notice, hearing and right of appeal in the same manner as an applicant or recipient, as provided in section eight. Payment for such care shall be made, to the extent allowed by rules and regulations of the Secretary of Health, Education and Welfare, if an applicant dies before approval of his application. Payment for such medical care and hospitalization, including nursing home care, shall be paid, subject to the rules and regulations of the department and the rules and regulations of the Secretary of Health, Education and Welfare, for a reasonable period not to exceed thirty days prior to the date of application on account of said services actually rendered.

M.G.L. c. 118, § 12 Temporary absences from commonwealth; presumption of abandonment of residency and eligibility for assistance

c. 118, § 12. Temporary absences from commonwealth; presumption of abandonment of residency and eligibility for assistance Section 12. A temporary absence from the commonwealth which exceeds 30 calendar days or 90 days in aggregate over the course of a calendar year shall create a rebuttable presumption that Massachusetts residency has been abandoned by a recipient of cash assistance under transitional aid to families with dependent children and that the recipient is no longer eligible for assistance. The department shall promulgate regulations in accordance with this section, including, but not limited to, the process by which the temporary absence shall be determined.

M.G.L. c. 118, § 13 Job search requirements for non-exempt adult applicants for assistance; submission of proof of initial job search and weekly reaffirmation

c. 118, § 13. Job search requirements for non-exempt adult applicants for assistance; submission of proof of initial job search and weekly reaffirmation Section 13. (a) During the initial qualification process for full cash assistance under transitional aid to families with dependent children, all adult applicants who are not exempt from the work requirement shall be required to conduct an initial job search unless the applicant has good cause for not participating as determined by the department which may include disability; provided further, that an applicant shall not be disqualified from receiving temporary assistance during the cash assistance eligibility determination process. (b) The department shall inform all applicants required to conduct an initial job search of available local job placement service providers. Applicants shall provide evidence of this search by returning to the department a list of the potential employers contacted recently, the date of contact and the name and telephone number of the person with whom the applicant spoke, to the extent feasible. All initial job search documentation shall be signed by the applicant under the penalties of perjury. The number of potential employers to be contacted by the applicant shall be determined by the department. An applicant shall provide the information prior to the applicant's case approval. The submission to the department of proof of job search activities issued by a one-stop career center within the department of career services shall satisfy the requirements of this subsection. An applicant who fails to provide this information within 60 days of filing the application shall be determined to be ineligible. The department shall promulgate regulations in accordance with this subsection. (c) The department shall require adult recipients, who are meeting their work requirement through a job search under the pathways to self-sufficiency program established pursuant to section 3C, to provide, on a weekly basis, evidence of job searches by returning to the department a list of the employers contacted, the date of contact and the name and telephone number of the person with whom the applicant spoke, to the extent feasible. The requirements of this subsection shall be deemed satisfied upon submission to the department of proof of job search activities issued by a one-stop career center within the department of career services. The department shall terminate cash assistance under transitional aid to families with dependent children for a recipient who fails to provide such accurate information; provided, however, that the department shall not terminate the cash assistance provided to the recipient's dependent children. The department shall promulgate regulations in accordance with this subsection.

M.G.L. c. 118, § 14 Benefit period for individuals who are part of a 2 parent assistance unit

c. 118, § 14. Benefit period for individuals who are part of a 2 parent assistance unit Section 14. The department shall not calculate a separate 60 month benefit period for an individual who receives aid under transitional aid to families with dependent children if the individual is part of a 2 parent assistance unit. The department shall promulgate regulations in accordance with this section.

M.G.L. c. 118, § 15 Economic independence goals; demonstration of good faith attempt to meet goals as condition of additional benefits or extension

c. 118, § 15. Economic independence goals; demonstration of good faith attempt to meet goals as condition of additional benefits or extension Section 15. The department shall develop economic independence goals for all recipients of cash assistance under transitional aid to families with dependent children to be completed during the recipient's first 24 month period of receiving benefits. The economic independence goals shall assist a recipient in determining a path through which the recipient may become self-sufficient. Recipients who re-apply for benefits at any time after the first 24 month period shall demonstrate a good faith attempt to meet their goals prior to receiving additional benefits or an extension of benefits. Recipients who fail to demonstrate a good faith attempt to meet all of their goals shall not receive additional benefits or an extension of benefits; provided, however that this section shall not prohibit a recipient from receiving benefits on behalf of a dependent child.

M.G.L. c. 118, § 16 Economic independence accounts

c. 118, § 16. Economic independence accounts Section 16. (a) The department shall develop a savings program that allows recipients of cash assistance under transitional aid to families with dependent children to accumulate assets outside of the asset limit in savings accounts, called economic independence accounts. The economic independence accounts shall be used to help recipients save for the first and last month of rent, a security deposit, costs related to education or training or any other expense that the department determines will aid a recipient in transitioning off of benefits, which may include health care costs or debt reduction. The economic independence accounts shall not be included as a countable asset under 106 CMR 204.120. (b) For recipients of cash assistance under transitional aid to families with dependent children who elect to participate in the savings program, the department shall require a designated amount of a recipient's cash assistance to be held in an escrow account for the recipient until the recipient is no longer eligible or in need of benefits; provided further, that the department shall allow a recipient to deposit additional funds to the account. While a recipient is receiving benefits, funds in the economic independence account shall only be withdrawn for a department approved purpose. If a recipient, who is currently receiving benefits, uses funds from an economic independence account for any purpose other than a department approved purpose, the department shall reduce the recipient's monthly cash assistance until the cumulative reductions are equal to the amount used for a non-allowable purpose. The department shall promulgate regulations in accordance with this section; provided that the commissioner shall submit any proposed regulations to the joint committee on children, families and persons with disabilities and the house and senate committees on ways and means at least 30 days before their adoption by the department.

M.G.L. c. 118, § 17 Proof of income and assets for unverified applicants

c. 118, § 17. Proof of income and assets for unverified applicants Section 17. The department shall require unverified applicants for cash assistance for a dependent under transitional aid to families with dependent children to provide proof of income and assets. For the purposes of this section, an unverified applicant shall mean an applicant who has not provided the required information about citizenship or immigration status.

M.G.L. c. 118, § 18 Education or training activities for purposes of meeting work requirement

c. 118, § 18. Education or training activities for purposes of meeting work requirement Section 18. Notwithstanding 106 CMR 203.400(A)(2)(i) or any general or special law to the contrary, an education or training activity for the purpose of meeting the work requirement shall be defined as any 4–year degree granting higher education institution, community college or certificate program, not to exceed 24 months, or a vocational education program, not to exceed 12 months. If the education or training activity is less than the hours per week required to meet the work requirement, the recipient shall perform other work program activities to total the required hours per week.

M.G.L. c. 118, § 19 Eligibility of pregnant teens to receive cash or other assistance

c. 118, § 19. Eligibility of pregnant teens to receive cash or other assistance Section 19. A pregnant teen who meets all other eligibility requirements shall be eligible to live in a teen parent shelter or participate in a teen living program during such pregnant teen's entire pregnancy and shall be eligible to receive cash assistance under transitional aid to families with dependent children if the pregnant teen meets the school attendance requirements in 106 CMR 203.610 and 106 CMR 203.630.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter118Fetched: 10/20/2026