The TANF child will remain eligible for TANF benefits when an emergency situation deprives them of the care of the designated specified relative. The specified relative must agree to, or the situation must require, a transfer of care and control to someone who does not qualify as a specified relative.
55 Pa. Code § 151.43(d) & 55 Pa. Code § 151.43(e)
Because of an emergency situation, a person who is not a specified relative may receive TANF for the TANF child when the specified relative is absent and parental control has not been legally ended.
TANF will continue if the TANF child and the specified relative are separated because of both of the following situations:
The child is in a period of crisis or change. This includes any emergency situation in which the child lives with, or will live with, a non–specified relative who has assumed care and control of the child; and 55 Pa. Code § 151.43(e)(1)
The child is living with a non–specified relative because plans for the future care and protection of the child cannot be made immediately.
NOTE: The child will be eligible only if:
The person they are living with is acting on behalf of the child; and
The child was receiving TANF when the emergency situation took place; and
Active planning for the child’s continued care is ongoing.
The CAO will note in the record the reason why a non–specified relative is exercising care and control over the TANF child.
The CAO will question the non–specified relative about the circumstances to determine whether there is an emergency situation.
A period of crisis or emergency may be due to a specified relative’s hospitalization, incarceration, death or abandonment of the child.
An emergency may also be related to the child’s circumstances, including, but not limited to, the following:
Problems in school;
Problems with neighbors or other family members;
Problems with the family’s living arrangements.
The caseworker may need to make a judgment about whether the situation can be considered an emergency. However, an interpretation of what constitutes an emergency must be reasonable. The case narrative must include an explanation of the CAO's decision.
The child remains eligible for TANF during this period, so that plans for continued care can be made and carried out.
If a non–specified relative is exercising care and control of the child because the specified relative has virtually abandoned the child, the CAO will notify the County Children and Youth Agency (CCYA). The CAO will send a letter within 30 calendar days of the time it becomes aware that the child is not living with a specified relative.
The letter refers the case to the CCYA for evaluation and appropriate action. The CAO will note the referral date in the record and keep a copy of the referral letter. The letter should ask the CCYA to contact the CAO when final plans for the care and control of the child are arranged.
Example 1: Clarence lives with his great-aunt Martha. Martha receives TANF benefits for Clarence only. Martha becomes ill and must be permanently placed in a nursing home. Mr. Washington, a friend of the family, takes Clarence into his home until CCYA can arrange for Clarence’s care. Clarence stays eligible for TANF benefits while these arrangements are being made.
Example 2: John's parent, Mary, receives TANF for John. Mary drops John off to be watched by Mary's friend, Mrs. Smith, while Mary goes shopping. Mary does not return after several days. Mrs. Smith notifies the CAO that Mrs. Smith will care for John but needs financial assistance to do so. John remains eligible for TANF while CCYA evaluates the emergency situation, and they and Mrs. Smith make plans for John's future care.
While a non–specified relative is exercising care and control of the child, the CAO will review the child's status with CCYA and the non–specified relative at each renewal. The review contacts do not have to be made together. The CCYA review may be by telephone. The CAO will note the contact in the record.
The temporary TANF payment ends when the plans for the child have been made and carried out.
Updated October 23, 2024, Replacing July 30, 2013