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 hat 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 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; or5. 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. ibility.(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.
Florida Legal Code