53-4-231. Eligibility. - Montana Statutes

     53-4-231. Eligibility. (1) Subject to the provisions of subsections (2) through (6), assistance may be granted under this part to:
     (a) a dependent child;
     (b) a specified caretaker relative or relatives, including but not limited to the natural or adoptive parents of a dependent child who:
     (i) enters into a family investment agreement, as provided for in 53-4-606, if required by the department; and
     (ii) cooperates in all assessments and screening required by the department;
     (c) the stepparent of a dependent child who lives with the child and the child's natural or adoptive parent;
     (d) persons under 18 years of age who live in the home with a dependent child, including but not limited to siblings related to the dependent child by blood, marriage, or adoption or by law;
     (e) a needy pregnant woman with no other children who is receiving payments. Payments may begin no earlier than the third month prior to the month in which the child is expected to be born.
     (2) Persons who are not citizens of the United States are eligible for assistance only as provided in sections 401 through 435 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as codified in Title 8 of the United States Code.
     (3) A person who has been convicted of a felony offense, an element of which involves the possession, use, or distribution of a controlled substance, as defined in 21 U.S.C. 802, is eligible for public assistance if the person is actively complying with the conditions of supervision or has discharged the sentence associated with the felony conviction and if the person is actively participating in treatment, if required.
     (4) The following are not eligible for assistance:
     (a) persons who are receiving supplemental security income payments under the Social Security Act;
     (b) an adult or a dependent child who is or is expected to be absent from the home of the specified caretaker relative continuously for a period of time prescribed by the department by rule;
     (c) a specified caretaker relative who fails to comply with requirements for reporting the absence of a dependent child from the specified caretaker relative's home as prescribed by the department by rule;
     (d) families in which the specified caretaker relative fails or refuses to assign child and medical support rights to the department or to cooperate in establishing paternity or obtaining child or medical support as required by the department by rule;
     (e) families in which the specified caretaker relative or other adult household member, as specified by the department by rule, fails or refuses to:
     (i) cooperate in any required screening or assessment; or
     (ii) enter into a family investment agreement required by the department under 53-4-606;
     (f) teenage parents who fail or refuse to attend secondary school or another training program as required by the department by rule;
     (g) teenage parents who are not living in an adult-supervised setting as defined by the department by rule;
     (h) a fugitive felon or probation or parole violator as defined in section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 608; and
     (i) individuals who have fraudulently misrepresented their place of residence, as defined in section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 608. The ineligibility continues for a period of 10 years beginning on the date of conviction.
     (5) A family is not eligible for financial assistance if the family includes an adult who has received financial assistance in a program funded under temporary assistance for needy families in any state or states for 60 months or more, whether or not the months are consecutive, unless an exception is expressly granted by federal law.
     (6) This part may not be interpreted to entitle any individual or family to assistance under programs funded by temporary assistance for needy families.

     History: En. Sec. 3, Part 4, Ch. 82, L. 1937; Subds. (d) and (e) rep. Sec. 9, Ch. 213, L. 1943; amd. Sec. 1, Ch. 148, L. 1947; amd. Sec. 1, Ch. 50, L. 1949; amd. Sec. 22, Ch. 199, L. 1951; amd. Sec. 1, Ch. 90, L. 1971; R.C.M. 1947, 71-504; amd. Sec. 3, Ch. 450, L. 1979; amd. Sec. 1, Ch. 10, Sp. L. 1981; (3)En. Secs. 2, 3, Ch. 53, L. 1985; amd. Sec. 155, Ch. 370, L. 1987; amd. Sec. 1, Ch. 403, L. 1987; amd. Sec. 23, Ch. 486, L. 1997; amd. Sec. 22, Ch. 465, L. 2001; amd. Sec. 2, Ch. 230, L. 2005.