# COMAR Title 07 — Department of Human Services

## Subtitle 03 — Family Investment Administration

### Chapter 08 — Emergency Assistance to Families with Children (EAFC)

**Authority:** Article 88A, §§3(a), 15, and 44A—53, Annotated Code of Maryland

**Administrative History:** Effective date: June 25, 1974

**Administrative History:** Regulation .01A amended effective July 7, 1976 (3:14 Md. R. 746)

**Administrative History:** Regulation .07A adopted effective September 17, 1975 (2:21 Md. R. 1340)

**Administrative History:** Regulation .07B adopted effective December 10, 1975 (2:28 Md. R. 1666)

**Administrative History:** Chapter revised effective June 8, 1977 (4:12 Md. R. 946)

**Administrative History:** Regulation .01A amended effective December 19, 1983 (10:25 Md. R. 2267); July 27, 1987 (14:15 Md. R. 1658); March 19, 1990 (17:5 Md. R. 637); September 13, 1993 (20:18 Md. R. 1428); January 2, 1995 (21:26 Md. R. 2184)

**Administrative History:** Regulation .01A, B amended as an emergency provision effective December 8, 1995 (22:26 Md. R. 2027); amended permanently effective May 1, 1996 (23:8 Md. R. 604)

**Administrative History:** Regulation .01B amended effective July 25, 1980 (7:15 Md. R. 1422); July 27, 1987 (14:15 Md. R. 1658); September 13, 1993 (20:18 Md. R. 1428)

**Administrative History:** Regulation .02 amended effective July 27, 1987 (14:15 Md. R. 1658); September 13, 1993 (20:18 Md. R. 1428)

**Administrative History:** Regulation .02A amended as an emergency provision effective December 8, 1995 (22:26 Md. R. 2027); amended permanently effective May 1, 1996 (23:8 Md. R.  604)

**Administrative History:** Regulation .03C and D repealed effective July 28, 1978 (5:15 Md. R. 1186)

**Administrative History:** Regulation .04 amended effective March 5, 1990 (17:4 Md. R. 496)

**Administrative History:** Regulation .04A amended effective November 16, 1979 (6:23 Md. R. 1838)

**Administrative History:** Regulation .04A, B, C amended effective July 1, 1981 (8:8 Md. R. 719)

**Administrative History:** Regulations .04A-1, C-1 and .08 adopted effective July 1, 1981 (8:8 Md. R. 719)

**Administrative History:** Regulation .04A-2 amended effective July 18, 1994 (21:14 Md. R. 1228)

**Administrative History:** Regulation .04C-1, F amended effective January 31, 1983 (10:2 Md. R. 108)

**Administrative History:** Regulation .05 amended effective March 19, 1990 (17:5 Md. R. 637)

**Administrative History:** Regulation .05 amended as an emergency provision effective December 8, 1995 (22:26 Md. R. 2027); amended permanently effective May 1, 1996 (23:8 Md. R. 604)

**Administrative History:** Regulation .05B amended effective December 9, 1991 (18:24 Md. R. 2642)

**Administrative History:** Regulation .05D amended effective January 2, 1994 (20:26 Md. R. 2025)

**Administrative History:** Regulation .05D, E amended as an emergency provision effective July 1, 1995 (22:14 Md. R. 1045); amended permanently effective December 4, 1995 (22:24 Md. R. 1893)

**Administrative History:** Regulation .05G amended effective December 19, 1983 (10:25 Md. R. 2267)

**Administrative History:** Regulation .05I adopted effective July 27, 1987 (14:15 Md. R. 1658)

**Administrative History:** Regulation .05J amended effective September 13, 1993 (20:18 Md. R. 1428); January 2, 1995 (21:26 Md. R. 2184)

**Administrative History:** Regulation .06C amended effective January 2, 1994 (20:26 Md. R. 2025)

**Administrative History:** Regulation .07 amended effective September 13, 1993 (20:18 Md. R. 1428)

**Administrative History:** Regulation .07-1 adopted effective January 18, 1982 (9:1 Md. R. 18)

**Administrative History:** Regulation .07-1 adopted effective March 26, 1984 (11:6 Md. R. 548)

**Administrative History:** Regulation .08 repealed effective January 31, 1983 (10:2 Md. R. 108) (Regulation .07-1 recodified as Regulation .08)

**Administrative History:** Regulation .09 adopted effective October 10, 1983 (10:20 Md. R. 1783)

**Administrative History:** Chapter revised effective October 1, 1996 (23:19 Md. R. 1373)

**Administrative History:** Chapter revised effective October 29, 2001 (28:21 Md. R. 1853)

**Administrative History:** Regulation .02 repealed and new Regulation .02 adopted effective December 23, 2002 (29:25 Md. R. 1981)

#### Regulation .01 Program Description.

*COMAR 07.03.08.01*

Emergency Assistance to Families with Children includes two categories of assistance:

A. Cash Emergency Assistance to Families with Children that:

  (1) Satisfies the provisions of this chapter;

  (2) Meets the conditions of the local plan; and

  (3) Has been approved by the Executive Director of the Family Investment Administration; and

B. Emergency Services to Families with Children (ESFC), which is available as provided by this chapter.

#### Regulation .02 Cash Emergency Assistance to Families with Children.

*COMAR 07.03.08.02*

A. The local department may give Cash Emergency Assistance to Families with Children when:

  (1) Assistance is needed to avoid the destitution of a child younger than 21 years old;

  (2) There are no resources available to meet the emergency; and

  (3) The emergency is not the result of quitting a job without good cause.

B. Good cause includes, but is not limited to:

  (1) Discrimination based on:

    (a) Race;

    (b) National origin;

    (c) Ethnicity;

    (d) Age;

    (e) Sex;

    (f) Disability;

    (g) Religion; or

    (h) Sexual orientation;

  (2) Breakdown in child care or transportation;

  (3) Domestic violence;

  (4) Hazardous working conditions;

  (5) Documented illness or incapacitation;

  (6) Incarceration;

  (7) Resignation at employer's request; or

  (8) Other circumstances determined to be good cause by the local department.

#### Regulation .03 Local Plan.

*COMAR 07.03.08.03*

A. The local department shall submit a plan detailing the procedure established by the local department and the Department, for the payment of cash benefits under Emergency Assistance to Families with Children (EAFC) in its jurisdiction.

B. The local plan or any modifications to the plan shall be approved by the Executive Director of the Family Investment Administration (FIA) before the program is implemented.

C. The plan shall identify:

  (1) Methods used to allocate the resources of the program among applicants;

  (2) Types of emergencies to be covered;

  (3) The application process;

  (4) Verifications required from the customer;

  (5) The maximum number of times an individual may apply for the program in a given fiscal year;

  (6) The maximum dollar amount payable to a family unit in a given fiscal year;

  (7) The method of payment; and

  (8) Any plans for transfer of EAFC funds to other customer services.

D. The Executive Director of FIA shall approve or disapprove the local plan within 45 days from the date of receipt of the local plan unless the time is extended by agreement between the Department and the local department.

#### Regulation .04 Emergency Services to Families with Children.

*COMAR 07.03.08.04*

A. Assistance may be provided under the category Emergency Services to Families with Children (ESFC) to eligible children in families who have a dire need as a result of:

  (1) Abuse, neglect, or abandonment;

  (2) The need to remove a child from the child's home;

  (3) Imminent threat of abuse, neglect, or abandonment, or the need to remove the child from the child's home; or

  (4) The lack of a proper caretaker.

B. Assistance available under ESFC includes up to 12 months of:

  (1) Foster care at the rates set in COMAR 07.02.11; and

  (2) Additional services as described in Regulation .05 of this chapter.

C. The services case manager in the local department who determines that a child needs emergency foster care or any other service provided under ESFC shall provide sufficient information in the case record to allow a determination of eligibility for ESFC.

D. For recipients or applicants of ESFC, verification may be required only if income statements seem incomplete, inconsistent, or unclear.

#### Regulation .05 Services in Emergency Services to Families with Children.

*COMAR 07.03.08.05*

A. Referral for appropriate services such as information, referral, counseling, securing shelter, and child care shall be made for problems attributable to the emergency or crisis situation and aimed towards reducing the prospect for recurrence of emergencies.

B. ESFC services provided for eligible children may include, but are not limited to, appropriate:

  (1) Purchased preventive services to families experiencing an emergency to prevent child abuse, neglect, or abandonment, or to prevent an at-risk child from being placed in out-of-home care; and

  (2) Reunification services for families where children have been abandoned or placed out-of-home due to abuse, neglect, or imminent threat of these.

#### Regulation .06 Replacement of Checks Lost, Stolen, or Not Received.

*COMAR 07.03.08.06*

A. The local department shall issue a new check to replace an assistance check which is lost, stolen, or not received under the following conditions:

  (1) Recipient notified the local department within 30 calendar days from the date the check was mailed that the check was lost, stolen, or not received;

  (2) Check is stolen, and the recipient has filed a complaint with local law enforcement officials and can provide a valid complaint number; or

  (3) Check is cashed, and the recipient has signed a completed forgery affidavit form.

B. The local department shall issue the replacement check within 5 working days of satisfaction of the conditions in §A of this regulation.

#### Regulation .07 Payment Irregularities.

*COMAR 07.03.08.07*

Payment irregularities which include overpayments, underpayments, fraud, and recoupment of funds are handled according to COMAR 07.03.14.

#### Regulation .08 Appeals.

*COMAR 07.03.08.08*

A. The local department shall give written notification of the right to, and the procedures for requesting and obtaining, a fair hearing to each applicant or recipient of public assistance:

  (1) At the time of application; and

  (2) Whenever the local department notifies the applicant or recipient of any action which might deny, suspend, reduce, or terminate assistance.

B. The procedures are set forth in COMAR 07.01.04.