<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".20" citation="COMAR 07.03.03.20" title_num="07" subtitle_num="03" chapter_num="03" heading="Time Limits.">
  <paragraph num="A.">
    <text>24-Month Time Limit.</text>
    <paragraph num="(1)">
      <text>An adult parent receiving assistance shall engage in work, when appropriate child care is available, as defined by the local department of social services, at the earlier of when the:</text>
      <paragraph num="(a)">
        <text>Local department determines that the parent is ready to engage in work in accordance with UE requirements in Regulation .07-1 of this chapter; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Parent has received assistance for 24 cumulative months under TCA funded wholly or in part by federal funds.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The only exception to the 24-month work requirement is a single parent caring for a child younger than 6 years old who is unable to obtain child care for one or more of the following reasons:</text>
      <paragraph num="(a)">
        <text>Unavailability of appropriate child care within a reasonable distance from the parent's home or work site;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Unavailability or unsuitability of informal child care by a relative or others; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Unavailability or unsuitability of appropriate and affordable formal child care arrangements.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>60-Month Time Limit.</text>
    <paragraph num="(1)">
      <text>Unless exempt because of hardship, TCA may not be paid for an adult parent who has received a total of 60 cumulative months of TCA funded wholly or in part by federal funds in Maryland and all other states.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In determining the number of months for which assistance has been paid to an adult parent, those months do not count in which the individual was:</text>
      <paragraph num="(a)">
        <text>A minor child and not the head of household or married to the head of household;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Determined to be a victim of domestic or family violence and receiving counseling;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Disabled for 12 or more months, applied for Supplemental Security Income, and repaid the State when SSI benefits were paid;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A needy TCA recipient who was not a parent but was included in the TCA grant; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Working and eligible because of the TCA earned income disregard as provided in Regulation .13E(3)(b) of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The local department shall determine an adult parent exempt because of hardship if:</text>
      <paragraph num="(a)">
        <text>There is a current signed family independence plan that states the:</text>
        <paragraph num="(i)">
          <text>Requirements and other actions the parent shall meet; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Support services the local department shall provide;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>There is an initial and updated assessment; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>There is documentation to support the local department's determination that the adult parent has:</text>
        <paragraph num="(i)">
          <text>Been offered or provided the support services in accordance with a family independence plan;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Demonstrated a good faith effort to satisfy work activities specified in the family independence plan; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Encountered significant barriers beyond the parent's control that prevented finding and keeping a job.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The local department shall determine an adult parent exempt because of hardship if there is documentation that the local department did not offer or provide the support services to the family as specified in the family independence plan.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The local department shall use the following procedures to determine if an adult parent is exempt because of hardship:</text>
      <paragraph num="(a)">
        <text>The case manager shall document in the case record the:</text>
        <paragraph num="(i)">
          <text>Initial and updated assessments;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Local department's maintenance of a family independence plan that is currently in effect;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Family's good-faith efforts to meet the terms and conditions of the family independence plan; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Local department's efforts to ensure that the terms and conditions of the family independence plan have been fulfilled.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The case manager shall make a recommendation based on the family's record as to:</text>
        <paragraph num="(i)">
          <text>Whether a hardship exemption should be granted to the family; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The reasons why the exemption should or should not be granted;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>The recommendation shall include a determination as to whether the local department was able to make the support services available to the family as specified in the plan;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>If the local department determines that an adult parent is exempt because of hardship:</text>
        <paragraph num="(i)">
          <text>The family shall be granted a hardship exemption;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A new assessment shall be completed within 45 days after the hardship exemption is granted; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A new family independence plan shall be established between the local department and the family within 60 days after the hardship exemption is granted to ensure independence as quickly as possible.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>If required by the provision of §B(5)(d) of this regulation, the case manager and the adult parent shall develop, sign, and date a new mutually agreed-upon family independence plan that states what must be done, when, and by whom to:</text>
      <paragraph num="(a)">
        <text>Overcome the family's barriers to employment;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Assist the family in preparing for the transition to work; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Ensure that the family becomes independent.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>If required by the provision of §B(5)(d) of this regulation, the new family independence plan shall include, but is not limited to, the following:</text>
      <paragraph num="(a)">
        <text>A statement of the goals and intent of the plan;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A statement or list of the problems or barriers that shall be overcome to achieve the goals of the plan;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A list of the services and supports that the case manager and the local department shall provide to assist the family, as appropriate to the plan, as well as the time frames in which these services will be provided; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A list of the responsibilities and activities that the family shall undertake and accomplish, as appropriate to the plan, and the time frames in which each task shall be completed.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>The case manager's recommendation and any new plan, if required, shall be reviewed and approved by the following:</text>
      <paragraph num="(a)">
        <text>A FIP supervisor; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The director of the local department or designee.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>In accordance with Regulation .22A of this chapter, the Department shall review a sample of TCA cases closed pursuant to this section.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Adult parents exempt because of hardship, who exceed the numerical limits of federal law, shall be paid TCA entirely from State general funds that may be counted toward any federal maintenance of effort requirement.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Adult parents paid under §B(10) of this regulation are subject to all FIP requirements in this chapter.</text>
    </paragraph>
  </paragraph>
</regulation>