                                 CODE OF VIRGINIA

ELIGIBILITY FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF); PENALTY (§
63.2-602)

A. A person shall be eligible for Temporary Assistance for Needy Families if
that person:

   1. Has not attained the age of 18 years, or, if a full-time student in a
   secondary school or in the equivalent level of career and technical education,
   has not attained the age of nineteen years;

   2. Is a resident of Virginia;

   3. Is living with his father, mother, grandfather, grandmother, brother,
   sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first
   cousin, nephew, or niece in a residence maintained by such relative or is in
   placement under conditions specified by the Board;

   4. Is in need of public assistance; and

   5. If less than 18 years of age, is in compliance with compulsory school
   attendance laws (&#xA7; 22.1-254 et seq.) as described in &#xA7; 63.2-606.
   Prior to imposing a sanction of benefits, the local department shall make
   reasonable efforts to discuss with the parent or caretaker, by personal
   contact that may include direct telephone contact, a plan to return the child
   to school. If such efforts fail, the local department shall mail a written
   advance notice of proposed action to the parent or caretaker advising that
   benefits may be reduced if the parent or caretaker fails to contact the local
   department to develop a plan to return the child to school.

B. An applicant for TANF shall:

   1. Furnish, apply for or have an application made on his behalf, and on behalf
   of all children for whom assistance is being requested, for a social security
   account number to be used in the administration of the program;

   2. Assign the Commonwealth any rights to support from any other person such
   applicant may have on his own behalf or on behalf of any other family member
   for whom the applicant is applying for or receiving aid, except for any
   support that accrued prior to the execution of the assignment;

   3. Identify the parents of the child for whom aid is claimed, subject to the
   &#8220;good cause&#8221; provisions or exceptions in federal law or
   regulations. However, this requirement shall not apply if the child is in a
   foster care placement or if the local department determines, based upon the
   sworn statement of the applicant or recipient or of another person with
   knowledge of the circumstances, that the child was conceived as the result of
   incest or rape; and

   4. Cooperate in (i) locating the parent of the child with respect to whom TANF
   is claimed, (ii) establishing the paternity of a child born out of wedlock
   with respect to whom TANF is claimed, (iii) obtaining support payments for
   such applicant or recipient and for a child with respect to whom TANF is
   claimed, and (iv) obtaining any other payments or property due such applicant
   or recipient for such child.
   				Any applicant or recipient who intentionally misidentifies another person
   as a parent shall be guilty of a Class 5 felony.

C. Unless an exception to the requirement set forth in subdivision B 3 applies,
the Department&#8217;s Division of Child Support Enforcement shall proceed to
determine parentage pursuant to Chapter 3.1 (&#xA7; 20-49.1 et seq.) of Title
20. If paternity is not established after six months of receipt of TANF, the
case shall be reviewed to determine the reason that paternity has not been
established. If paternity has not been established due to the caretaker
relative&#8217;s noncooperation, the local department may suspend the entire
grant or the adult portion of the grant, subject to Board regulations.

D. TANF shall be provided to two-parent families on the same terms and
conditions that TANF is provided to single-parent families.

HISTORY: Code 1950, § 63-141; 1954, c. 495; 1966, c. 665; 1968, cc. 578, 667,
668, 781, § 63.1-105; 1970, c. 721; 1974, c. 418; 1976, c. 215, § 63.1-105.1;
1982, c. 386; 1993, c. 167; 1994, cc. 188, 934; 1995, c. 450; 1996, c, 848, 857;
1999, c. 638; 2001, c. 483; 2002, c. 747; 2010, c. 250; 2019, c. 376.