The Florida Senate

414.115  Limited temporary cash assistance for children born to families receiving temporary cash assistance.--

(1)  The department shall provide limited additional temporary cash assistance to:

(a)  An existing temporary-cash-assistance case due to the birth of a child when the birth occurs more than 10 months after August 1, 1996; or

(b)  A new temporary-cash-assistance case when the birth occurs more than 10 months after August 1, 1996, and the application or reapplication for temporary cash assistance.

For purposes of this subsection, "an existing temporary-cash-assistance case" means a case that is receiving temporary assistance on August 1, 1996, and, if it closes any time after August 1, 1996, is closed for less than 6 continuous months; "a new temporary-cash-assistance case" means a case that was not receiving benefits on August 1, 1996; "reapplication" means a new application by a parent or other caretaker relative who has previously received temporary cash assistance in a case that has been closed for 6 continuous months or more prior to the new application.

(2)  Subsection (1) does not apply:

(a)  To a program participant who is a victim of rape or incest if the victim files a police report on the rape or incest within 30 days after the incident;

(b)  To a program participant who is confirmed by the Title IV-D child support agency as having been granted an exemption from participating in requirements for the enforcement of child support due to circumstances consistent with the conception of the child as a result of rape, incest, or sexual exploitation. A child for whom an exemption is claimed under this paragraph and for whom an application has been made for a good-cause exemption from the requirements of s. 414.095 shall receive temporary benefits until a determination is made on the application for a good-cause exemption from the requirements of s. 414.095;

(c)  To children who are the firstborn, including all children in the case of multiple birth, of minors included in a temporary cash assistance group who as minors become first-time parents;

(d)  To a child when parental custody has been legally transferred; or

(e)  To a child who is no longer able to live with his or her parents as a result of:

1.  The death of the child's parent or parents;

2.  The incapacity of the child's parent or parents as documented by a physician, such that the parent or parents are unable to care for the child;

3.  Legal transfer of the custody of the child to another individual;

4.  Incarceration of the child's parent or parents, except that the child shall not receive temporary cash assistance if a parent is subsequently released and reunited with the child; or

5.  A situation in which the child's parent's or parents' institutionalization is expected to be for an extended period, as defined by the department.

(3)  A child born subject to this section shall be considered a recipient of temporary cash assistance for all purposes, including Medicaid eligibility.

(4)  For the first child born to a recipient under subsection (1), the department shall provide temporary cash assistance equal to 50 percent of the maximum allowable amount for an individual. This provision does not apply to a child who is born into a family that does not include other children.

(5)  For a second or subsequent child born to a recipient under subsection (1), the department shall provide no additional temporary cash assistance.

History.--s. 15, ch. 96-175; s. 1032, ch. 97-103; s. 11, ch. 97-173; s. 8, ch. 98-57.