A.R.S. tit. 46 ch. 2 — Arizona Revised Statutes Title 46 Chapter 2 — Assistance

46-201. Application for assistance; notice of penalties A. Application for any form of assistance or service under this title shall be made to a department in this state as specified by the program. The application shall be in writing or reduced to writing on forms prescribed by the state department and shall include a statement subscribed by the applicant certifying that the contents of the application are true under penalty of perjury. The application shall bear the applicant's signature, which may be electronic. The application shall contain a statement of the amount of property both personal and real in which the applicant has an interest and of all income that the applicant has at the time of filing the application, and a statement of any property assigned or transferred by the applicant within one year immediately before filing the application for assistance, and any further information prescribed by the state department. B. The department shall use application forms that contain appropriate notice of the penalties for fraud, including notice that it is mandatory for a recipient to cooperate with a fraud investigation and that any failure to cooperate may result in a case closure and the termination of benefits within ten days of notice of the termination from the department. The department shall deliver to each recipient before the first payment of assistance or delivery of service and each redetermination thereafter a notice explaining what changes in circumstances require written notification to the department pursuant to section 46-213, subsection A. 46-202. Rules The director shall adopt rules with respect to the time in which a recipient must notify the department of a change in circumstances affecting the recipient's eligibility. In adopting such rules the director shall consider and comply with federal regulations concerning notice of change of eligibility status. 46-203. Investigation of application; witnesses; financial institutions A. When the department receives an application for assistance or service under this title, an investigation and record of the application shall promptly be made, and other information required by the rules of the state department shall be obtained. B. The state department and the officers and authorized representatives thereof may conduct examinations, subpoena witnesses and require attendance of witnesses and production of books, records and papers, and shall pay witnesses the same fees and mileage paid witnesses in civil actions. C. Officers and employees who are thereunto authorized by the state department may administer oaths and affirmations. D. By written request signed by one of its officers, the state department may require any executive officer of a financial institution to furnish to an authorized employee or officer of the department information on current account balances of those persons named in the request as applicants for or recipients of any assistance or service under this title. The method of providing the information and the time frame for reporting this information shall be determined by agreement between the institution and the department. E. By written request signed by one of its officers, the state department may require any executive officer of a financial institution to furnish to an authorized employee or officer of the department information on account balances of those persons named in the request as recipients of any assistance or service under this title for specified periods of time during the previous five years. The method of providing the information, time frame for reporting the information and amount of compensation for the information service shall be determined by agreement between the institution and the department. F. No financial institution shall be liable in any civil action for providing such information unless the information provided is false and the financial institution providing the false information does so knowingly and with malice. 46-204. Granting of assistance; notice to applicant; award; certification to department of administration; reimbursement A. Upon completion of an investigation the local office of the department shall decide, according to the policies and rules of the state department, whether the applicant is eligible for the assistance or service applied for and shall determine the amount of assistance or service and the date on which it shall begin. In making the determination of eligibility and amount of assistance, the department shall exclude as income and resources all agent orange payments in accordance with P.L. 101-201. B. The applicant shall be notified of the decision in writing. The assistance shall be paid at least once monthly to the applicant. When an application is rejected wholly or in part, or when modification of assistance is made, written notice shall be given to the applicant. Such notice shall inform the applicant or recipient of the right to a hearing on the rejection or modification. C. When assistance is granted, the department of economic security shall make an award setting forth the date, the recipient's name, age and residence, the amount of monthly assistance, and other determinations or information it deems necessary, and shall certify to the department of administration the facts with respect thereto on a form prescribed by the state department. The award shall be binding until changed, modified, suspended or discontinued or until the death of the recipient. The assistance shall commence on the date specified in the award. D. When funds have been expended on rehabilitating a recipient, the department may accept reimbursement after the recipient has completed training or education and secured a job. 46-205. Appeal to state department from denial of application or failure of the local office to act; consideration by state department on own motion A. If the local office of the department does not act with reasonable promptness on an application, or if the application is denied wholly or in part by the local office of the department, the applicant or recipient may appeal to the state department in the manner and form prescribed by the state department. The state department shall, upon receipt of the appeal, give the applicant or recipient an opportunity for a hearing. B. The state department may also, upon its own motion, receive and consider any application upon which a recommendation has not been made by the local office of the department within a reasonable time. The state department may make additional investigation as it deems necessary, and shall make a decision as to granting assistance or service and the amount of assistance or service to be granted the applicant which in its opinion is justified and in conformity with the provisions of this title. If the application is denied wholly or in part by the state department, or if any award or assistance or service is modified or cancelled by the state department, the applicant or recipient may appeal to the state department. The state department shall, upon receipt of the appeal, give the applicant or recipient an opportunity for a hearing. C. All decisions of the state department shall be subject to review pursuant to title 41, chapter 14, article 3. 46-206. Payment of assistance; authority of department of administration; limitation upon payment from state funds; methods of payment A. When an assistance award is made, the certification to the department of administration provided for by section 46-204 shall, until modified, suspended or discontinued by order of the state department, or until the death of recipient, be the authority to the department of administration to draw a warrant or an electronic funds transfer voucher in payment of such assistance from the fund provided for in this title. Payment of assistance installments shall be by warrants or electronic funds transfer voucher. Warrants shall be endorsed by the recipient before the warrant shall be honored. B. If federal funds are withdrawn or reduced, grants shall be reduced as provided in section 46-207, subsection B, unless the reduction results directly from a federal sanction imposed on this state for its failure to comply with the provisions of title IV-A of the social security act. C. The state department may make any payment of assistance as a vendor payment regardless of the particular program. The purposes for such payment shall ordinarily be to expedite giving of assistance or to assure that the assistance is meeting basic maintenance needs. 46-207. Grant plus income; uniform assistance plan; amount of assistance A. In no event shall assistance paid any recipient under this title be an amount which, when added to income from all other sources, causes the total of income and grant to exceed the need of the recipient under uniform assistance plans for each program as determined by the state department, except that this subsection shall not apply to temporary assistance for needy families prescribed in section 46-292. B. If the total monies available for payment of assistance grants are not sufficient to meet the maximum amount for which each applicant or recipient is eligible by law, the department shall notify the joint legislative budget committee of the insufficiency of monies and shall make recommendations on how to overcome the insufficiency. The department shall not recommend reductions of an equal amount from every grant in each category of assistance, but shall take into consideration the needs of the applicants or recipients, and shall recommend the reductions necessary by specifying the percentage of budgeted needs which may be met within the maximums established in accordance with subsection A of this section. The department shall make the adjustments determined by the joint legislative budget committee. C. In determining the amount of assistance which a recipient or applicant may receive under this title, the department shall include all income and resources from every source of the person claiming such aid, except that which is required to be disregarded as defined in department rule or by other provisions of this title, and shall consider and take into account earning capacity, living conditions and all facts and circumstances surrounding such person. D. For assistance granted pursuant to section 46-292, the department shall include a shelter cost factor. For purposes of determining assistance payments with this shelter cost factor, the department shall reduce the federal poverty level used in its calculation of payments by thirty-seven per cent if the person is not paying, or is not obligated to pay, shelter costs on his place of residence. 46-207.01. Temporary assistance for needy families; amount of cash assistance Cash assistance paid to any recipient pursuant to section 46-292, which when added to nonexempt income from all other sources, shall not be less than thirty-six per cent of the 1992 federal poverty level adjusted for family size and factors provided in section 46-207, subsections B and D. 46-208. Nontransferability and nonassignability of assistance; exemption from process Assistance granted under this title is not transferable or assignable at law or in equity, and none of the money paid or payable under this title shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law. 46-209. Residence in state after assistance granted; basis for discontinuance of payments to recipients of assistance A. Any recipient of assistance granted under this title, except temporary assistance for needy families, desiring to reside outside the state for a period of not to exceed thirty days shall execute a form provided by the state department. Any recipient receiving temporary assistance for needy families under this title and desiring to reside outside the state for a period of not to exceed thirty days shall execute a form provided by the state department. The form shall require the recipient to express the recipient's intent as to establishing legal residence outside the state, or the recipient's intent to return to the state within thirty days. If it is the intent of the recipient to establish legal residence outside the state, the recipient may continue to receive assistance from this state while residing in another state for a period of not to exceed thirty days or until the recipient meets the residence eligibility requirements for assistance in that state, whichever is less. B. A recipient of any assistance granted under this title, except temporary assistance for needy families, shall not be continued on assistance after the recipient has been absent from the state for thirty consecutive days. Any recipient of temporary assistance for needy families granted under this title shall not be continued on assistance after the recipient has been absent from this state for thirty consecutive days. 46-210. Effect on domicile of absence while in military service Absence while in the military service of the state or the United States shall not be deemed to interrupt residence in this state as provided in this title, if a domicile is not acquired without the state. 46-211. Periodic reconsideration and change in amount of assistance A. All assistance or service grants made under this title shall be reconsidered by the state department as frequently as required by the rules of the department. After further investigation as the department deems necessary, the amount of assistance or service may be changed or assistance or service withdrawn if the department finds that the recipient's circumstances have altered sufficiently to warrant such action. The department may at any time cancel and revoke assistance or service for cause, and it may for cause suspend assistance or service for such period as it deems proper. B. All decisions made under the provisions of this section shall be subject to review and the granting of an opportunity for a fair hearing by the state department as provided by law. 46-212. Assistance subject to amendment of law All assistance or service granted under this title shall be deemed granted and held subject to any law amending or repealing any provision of this title, and no recipient shall have a claim for compensation, or otherwise, by reason of recipient's assistance or service being affected in any manner by any law amending or repealing any provision of this title. 46-213. Duty of recipient to notify department of change in status; recovery of excess assistance paid; violation; classification A. If at any time while receiving assistance the recipient of such assistance knowingly acquires any property or receives any increase in income or property, or both, in excess of income or property declared at the time of determination or redetermination of eligibility, or if there is any other change in circumstances affecting the recipient's eligibility, the recipient shall within the number of days specified by rules of the department notify the department and provide verification of the acquisition of such property, receipt of such income or change in circumstances. Any recipient of aid who knowingly fails to do so is guilty of a class 2 misdemeanor. B. If a recipient is overpaid for whatever reason, the recipient is liable for the amount of the overpayment. The department of economic security with the concurrence of the department of law shall determine the method of securing repayment which is most appropriate to the particular situation. If there are insufficient assets or resources to justify collection, if the recipient has not obtained assistance or services by intentional misrepresentation or if the overpayment was due to an error on the part of the department of economic security, the department may waive a repayment by the recipient. The department of economic security, with the assistance of the department of law, may institute appropriate court proceedings to recover overpayments. C. Each warrant issued as an assistance payment shall contain a statement on the reverse side of the warrant relating to the recipient's eligibility. The wording of this statement shall be determined by the department. 46-214. Fee for representing applicant or recipient in civil proceeding under article prohibited No person shall charge or receive any fee for representing an applicant for or recipient of assistance or service in any proceedings under this title, except fees prescribed by the department, but the provisions of this section shall not apply to representation of an applicant or recipient in criminal proceedings brought pursuant to this title. 46-215. Welfare fraud; program disqualification; classification A. A person commits welfare fraud if the person knowingly obtains by means of a false statement or representation, by impersonation or by other fraudulent device any of the following: 1. Assistance or service to which the person is not entitled. 2. Assistance or service greater than that to which the person is entitled. 3. Payment of any forfeited installment grant, or aids or abets in buying or in any way disposing of the property of a recipient of assistance or service without the consent of the department. B. The department shall adopt rules to establish procedures for administrative disqualification and referral for prosecution of persons who commit welfare fraud. C. A person is disqualified from program participation pursuant to subsection D if the person commits one or more of the following: 1. Signs a waiver of an administrative disqualification hearing. 2. After an administrative disqualification hearing, is found to have committed an intentional program violation consisting of any misrepresentation or other act that violates a law or rule governing the program. 3. Is convicted of any crime or petty offense against any assistance program defined in this chapter. D. A person who commits an intentional program violation is disqualified from program participation for twelve months for the first violation, twenty-four months for the second violation and permanently for three or more violations. E. The department shall not include the needs of the disqualified person in the assistance unit but shall count the income and resources of the disqualified person as being available to the unit. F. A person who commits welfare fraud pursuant to subsection A is guilty of a class 6 felony. 46-216. Violation; classification A person violating a provision of this title for which no penalty is specifically provided is guilty of a class 3 misdemeanor. 46-219. Supplemental nutrition assistance program; eligibility after conviction; drug testing; rules A. Notwithstanding section 13-3418 and if the person agrees to random drug testing, a person who is convicted after August 22, 1996 of a felony offense that has as an element of the offense the use or possession of a controlled substance as defined in 21 United States Code section 802(6) may be eligible for the supplemental nutrition assistance program if the person meets at least one of the following criterion: 1. Successfully completes a substance abuse treatment program. 2. Is currently accepted for treatment in a substance abuse treatment program but is subject to a waiting list to receive available treatment, and the person remains enrolled in the treatment program and enters the treatment program at the first available opportunity. 3. Is currently accepted for treatment in and is participating in a substance abuse treatment program. 4. Is determined by a licensed medical provider to not need substance abuse treatment. 5. If applicable, is in compliance with all terms of probation. B. The department shall adopt rules related to drug testing pursuant to this section that include more frequent drug testing for offenses that occurred within twenty-four months of the date of application. 46-231. Department of economic security; supplemental nutrition assistance program; produce incentive program; definitions A. The department of economic security shall: 1. Plan, prepare and develop the infrastructure necessary to implement a produce incentive program for supplemental nutrition assistance program enrollees to purchase eligible Arizona-grown fruits and vegetables at SNAP-authorized farmers markets, farm stands, mobile markets, community supported agriculture sites, grocery stores and convenience stores. 2. Subject to available monies, provide matching monies of up to $20 per participating SNAP-authorized site per transaction for an enrollee in the supplemental nutrition assistance program to purchase eligible Arizona-grown fruits and vegetables at the participating SNAP-authorized site. 3. Conduct research and evaluate the produce incentive program and the impact of the program on purchases made by supplemental nutrition assistance program enrollees and producers of Arizona-grown fruits and vegetables. B. For the purposes of this section: 1. "Eligible Arizona-grown fruits and vegetables" means any Arizona-grown variety of fresh, canned, dried or frozen whole or cut fruits and vegetables that do not contain added sugars, fats, oils or salt. 2. "SNAP" means the supplemental nutrition assistance program. 46-241. Definitions In this article, unless the context otherwise requires: 1. "Agent" means a community based organization that is contracted by the department to take applications, determine eligibility and provide short-term services to low income persons through the use of federal and state monies. 2. "Applicant" means a person who is applying for short-term crisis services. 3. "Emergency shelter" means temporary shelter in a hotel, motel or licensed homeless shelter facility. 4. "Federal poverty guideline" means the poverty guidelines that are issued by the United States department of health and human services pursuant to section 673(2) of the omnibus budget reconciliation act of 1981 and that are reported annually in the federal register. 5. "Homeless" means the participant has no permanent place of residence where a lease or mortgage agreement between the participant and the owner exists. 6. "Short-term crisis" means an unplanned incident that causes the loss of monies and that makes the applicant unable to meet the applicant's financial obligations. 46-241.01. Short-term crisis services The department, through its agent, shall administer short-term crisis services. Short-term crisis services include: 1. Emergency shelter to eligible persons. 2. Rent or mortgage assistance to prevent homelessness. 3. Utility assistance for eligible persons with a current or anticipated interruption of heating or cooling services, or both, if the person's health and safety will be put in danger. 4. Utility repair and replacement. 5. Special needs as determined by the department to secure or maintain employment. 46-241.02. Eligibility for short-term crisis services To qualify for short-term crisis services, an applicant shall prove that the applicant meets all of the following requirements: 1. The applicant is a resident of this state at the time of application. 2. The applicant is experiencing a short-term crisis that will cause homelessness or the interruption of heating or cooling at the applicant's residence. 3. The total gross countable income of the applicant's household does not exceed: (a) One hundred twenty-five per cent of the federal poverty guidelines. (b) One hundred fifty per cent of the federal poverty guidelines if the household includes a person with a disability or elderly person. 46-241.03. Appeals; hearings A decision denying, reducing or terminating short-term crisis services is appealable pursuant to title 41, chapter 6, article 6 and title 41, chapter 14. 46-241.04. Ineligibility for short-term crisis services The department or its agent shall not provide short-term crisis services to or on behalf of an applicant who: 1. Has refused employment or training for employment in the thirty days before the application. 2. Is receiving services from the temporary assistance for needy families diversion program. 46-241.05. Method of payment A. The department or its agent shall provide short-term crisis services to alleviate or prevent homelessness through payments to either of the following: 1. Emergency shelters. 2. Subsidize delinquent rent or mortgage payments. B. The department or its agent shall provide short-term crisis services to alleviate the loss of heating and cooling through payments to: 1. Utility companies for utility bill assistance. 2. Local vendors for the repair and replacement of utilities and appliances. C. The department or its agent shall administer short-term crisis services by providing vouchers to vendors on behalf of a person. 46-244. Victims of domestic violence; identification; referrals; waiver The department or its agent shall identify individuals who are victims of domestic violence at the time of application for or during the receipt of temporary assistance for needy families. At any time individuals shall be given the chance to identify themselves as victims of domestic violence. If identification and verification of abuse exist, the department shall refer the individual to appropriate available services and shall waive for up to six months, pursuant to a determination of good cause, any program work requirements. 46-251. Mandatory state supplemental payments program A. The mandatory state supplemental payments program provided for in this section may be administered directly by the department, or by the federal government under agreement with the department whereby the department pays to the federal government the cost of supplemental payments made under this section and the federal government administers the program pursuant to the agreement and title XVI of the social security act, as amended. B. Mandatory state supplemental payments shall be granted for January 1974 and thereafter under this section to any person who meets and maintains the following requirements: 1. Was qualified for and received a state public assistance payment under the federally assisted program of old age assistance or aid to the blind or aid to persons with permanent and total disability for the month of December 1973, and 2. Is eligible for and receives, or who, but for his income, would be eligible to receive, a payment under title XVI of the social security act, as amended. C. The amount of mandatory state supplemental payment to a recipient for a month shall be an amount equal to the amount by which such individual's December 1973 minimum income level as defined in title XVI of the social security act as amended, exceeds the amount of such individual's title XVI benefit plus other income. 46-253. Ineligibility No payment shall be made under this article to or on behalf of any individual who is not a resident of the state of Arizona or who refuses to apply for or accept supplemental security income for which he is eligible under title XVI of the social security act, as amended. 46-291. Administration and notice; expenditure limitation; locating deserting parents and assets; violation; classification A. Cash assistance shall be administered by the department of economic security subject to chapter 1 of this title and article 1 of this chapter. The total amount of state monies that may be spent in any fiscal year by the department of economic security for temporary assistance for needy families shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose. B. The department shall give prompt notice to appropriate law enforcement officials of the furnishing of aid to a dependent child. C. Notwithstanding the fulfillment of the eligibility requirements for any component of temporary assistance for needy families, an individual is not entitled to services or benefits under temporary assistance for needy families. D. The department, its agent or any other state or its political subdivisions or agents that administer a child support enforcement program required by title IV-D of the social security act may request and shall receive information from the records of all entities in this state, including departments of this state and its political subdivisions and for profit and nonprofit entities. The department or receiving state or political subdivision shall use this information to assist it in locating a person or a person's assets if the person is under an obligation to pay child support, is sought regarding an obligation or is owed a child support obligation. E. Notwithstanding any other confidentiality requirement prescribed by law, for profit entities, nonprofit entities, any department of this state and its political subdivisions shall provide information as is necessary for the purposes of subsection D of this section. The department of economic security may request and shall receive from the department of revenue information pursuant to this subsection in accordance with sections 41-1954 and 42-2003. This information may include a magnetic tape exchange. Only information directly bearing on the identity and whereabouts of a person or a person's assets who is under an obligation to pay child support or is sought regarding an obligation or regarding a child support obligation that is owed shall be requested and used or transmitted by the department pursuant to the authority conferred by this section. The department of economic security may make this information available only to public officials, agencies and agents of this state and its political subdivisions, and other states, their agents and their political subdivisions administering a child support enforcement program required by title IV-D of the social security act. F. Any person who knowingly requests or obtains information pursuant to subsection D or E of this section for purposes other than locating the persons prescribed by subsections D and E of this section is guilty of a class 1 misdemeanor. 46-292. Eligibility for assistance A. A family without a dependent child in the household may not receive cash assistance. B. Cash assistance may be given under this title to any dependent child and member of a needy family: 1. Who has established residence in Arizona at the time of application and who is either: (a) A citizen by birth or naturalization. (b) A qualified alien who entered the United States on or before August 21, 1996. (c) A qualified alien who entered the United States as a member of one of the exception groups under Public Law 104-193, section 412, in which case the person shall be determined eligible in accordance with Public Law 104-193. (d) Defined as a qualified alien by the attorney general of the United States under the authority of Public Law 104-208, section 501. For the purposes of subdivisions (b) and (c) of this paragraph, "qualified alien" means a person who is defined as a qualified alien under Public Law 104-193, section 431. 2. If the parent or parents of the dependent child or the nonparent relative head of household receiving assistance, if employable, does not refuse to accept available employment. The department shall assess the applicant's employability at the time of initial application for assistance to establish a self-sufficiency diversion option, if appropriate, before benefit issuance. The determination of employability and the conditions under which employment shall be required shall be determined by the state department, except that claimed unemployability because of physical or mental incapacity shall be determined by the state department in accordance with this title. 3. If the parent or parents of the dependent child or the nonparent head of household in a needy family has not, within one year before application, or while a recipient, transferred or assigned real or personal property with the intent to evade federal or state eligibility requirements. Transfer of property with retention of a life estate for the purpose of qualifying for assistance is prohibited. Where fair consideration for the property was received, no inquiry into motive is necessary. A person found ineligible under this section shall be ineligible for such time as the state department determines. 4. Who meets the requirements of this section and department rule to qualify as part of the assistance unit. C. Qualified aliens entering the United States after August 21, 1996 are ineligible for benefits for a period of five years beginning on their date of entry, except for Cuban and Haitian entrants as defined in section 501(e)(2) of the refugee education assistance act of 1980 and exceptions provided under Public Law 104-193 (personal responsibility and work opportunity reconciliation act of 1996) and Public Law 105-32 (balanced budget act of 1997). D. A parent or any other relative who applies for or who receives cash assistance under this title on behalf of a child shall cooperate with the department by taking the following actions: 1. Providing information regarding the identity of the child's father and mother and other pertinent information including their names, social security numbers and current addresses or a sworn statement that attests to the lack of this information and that is accompanied by facts supporting the asserted lack of information. 2. Appearing at interviews, hearings and legal proceedings. 3. Submitting and having the child submit to genetic testing. 4. Signing authorizations for third parties to release information concerning the applicant or the child, or both. 5. In cases in which parentage has not been established, providing a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties. 6. Supplying additional information the department requires. E. The department shall sanction a recipient who, without good cause as prescribed in subsection F of this section, fails to cooperate with child support enforcement efforts according to the sanction provisions of section 46-300. F. One or more of the following circumstances constitute good cause for failure to cooperate with child support enforcement efforts: 1. Cooperation may result in physical or emotional harm to the parent, child for whom support is sought or caretaker relative with whom the child is living. 2. Legal proceedings for adoption of the child for whom support is sought are pending before a court. 3. The participant has been working, for less than ninety days, with a public or licensed private social agency on the issue of whether to allow the child for whom support is sought to be adopted. 4. The child for whom support is sought was conceived as a result of sexual assault pursuant to section 13-1406 or incest. G. A person claiming good cause has twenty days from the date the good cause claim is provided to the agency to supply evidence supporting the claim. When determining whether the parent or relative is cooperating with the agency as provided in subsection D of this section, the agency shall require: 1. If the good cause exception in subsection F, paragraph 1 of this section is claimed, law enforcement, court, medical, criminal, psychological, social service or governmental records or sworn statements from persons with personal knowledge of the circumstances that indicate that the alleged parent or obligor might inflict physical harm on the parent, child or caretaker relative. 2. If the good cause exception in subsection F, paragraph 2 of this section is claimed, court documents that indicate that legal proceedings for adoption are pending before a court of competent jurisdiction. 3. If the good cause exception in subsection F, paragraph 3 of this section is claimed, records from a public or licensed private social services agency showing that placing the child for whom support is sought is under consideration. 4. If the good cause exception in subsection F, paragraph 4 of this section is claimed, law enforcement, court, medical, criminal, psychological, social service or governmental records or sworn statements from persons with personal knowledge of the circumstances surrounding the conception of the child that indicate the child was conceived as a result of sexual assault pursuant to section 13-1406 or incest. H. Notwithstanding subsection B of this section and except as provided in subsection I of this section, a dependent child or children who are born during one of the following time periods are not eligible for assistance under this title: 1. The period in which the parent or other relative is receiving assistance benefits. 2. The temporary period in which the parent or other relative is ineligible pursuant to a penalty imposed by the department for failure to comply with benefit eligibility requirements, after which the parent or other relative is eligible for a continuation of benefits. 3. Any period after November 1, 1995 that is less than sixty months between a voluntary withdrawal from program benefits or a period of ineligibility for program benefits which immediately followed a period during which program benefits were received and a subsequent reapplication and eligibility approval for benefits. I. The following exceptions apply to subsection H of this section: 1. The department shall allow an increase in cash assistance under the program for a dependent child or children born as a result of an act of sexual assault pursuant to section 13-1406 or incest. The department shall ensure that the proper law enforcement authorities are notified of allegations of sexual assault or incest made pursuant to this paragraph. For the purposes of this paragraph, "an act of sexual assault" includes sexual assault of a spouse if the offense was committed before August 12, 2005. 2. For those parents or other relatives who are currently authorized for cash assistance the department shall allow an increase in cash assistance under the program as a result of the birth of a child or children to the parent or other relative only if the birth occurred within ten months of the initial eligible month. The department may use only the additional child or children who are born from the pregnancies covered in this subsection in computing the additional benefit. 3. The department shall allow an increase in cash assistance for any dependent child born to a parent who has not received cash assistance under this title for at least twelve consecutive months if the child is born within the period beginning ten months after the twelve consecutive month period and ending ten months after the parent resumes receiving cash assistance. 4. A dependent child or children who were born during a period in which the custodial parent received cash assistance through the Arizona works program shall be eligible to receive assistance under this title. 5. A dependent child or children who were born within ten months after the custodial parent received cash assistance through the Arizona works program shall be eligible to receive assistance under this title. 6. The department of economic security shall allow cash assistance for an otherwise eligible dependent child during the period in which the dependent child is in the legal custody of the department of child safety, a tribal court or a tribal child welfare agency located in this state and is placed in unlicensed kinship foster care with a nonparent relative or unrelated adult. 7. The department shall allow cash assistance for an otherwise eligible child who meets one of the following: (a) The court has placed the child with a nonparent relative. (b) The child's parents are deceased and the child is living with a nonparent relative. (c) A nonparent relative has custody of the child because the child is abandoned as defined in section 8-201. J. The department shall calculate the sixty-month time period referenced in subsection H, paragraph 3 of this section in the following manner: 1. For persons who are receiving cash assistance on November 1, 1995, the sixty-month time period begins on November 1, 1995. A subsequent sixty-month time period begins immediately after the previous period ends if the person is receiving cash assistance through two sixty-month periods. If the individual is not receiving cash assistance at the end of the previous sixty-month period, any subsequent sixty-month time period begins on the date when cash assistance became effective again, regardless of when the person received an actual payment. 2. For persons who begin receiving cash assistance after November 1, 1995, the sixty-month time period begins on the date cash assistance becomes effective, regardless of when the person received an actual payment. A subsequent sixty-month period begins as provided in paragraph 1 of this subsection. K. In calculating a parent's or any other relative's benefit increase that arises from any general increase that has been approved for all program recipients, the department shall not consider a child or children born under the time periods listed in subsection H of this section. L. For the parents or other relatives who have additional children for whom they receive no cash assistance payment under subsection H of this section, the department shall make any necessary program amendments or request any necessary federal waivers to allow the parents or other relatives to earn income in an amount equal to the disallowed cash assistance payment without affecting their eligibility for assistance. M. The director shall adopt rules: 1. To implement this section, including rules to define the investigatory steps that must be taken to confirm that an act of sexual assault pursuant to section 13-1406 or incest led to the birth of a dependent child or children. 2. That require the department to inform both verbally and in writing the parents and other relatives who are receiving assistance under this article of the specific family planning services that are available to them while they are enrolled as eligible persons in the Arizona health care cost containment system. N. This section does not prevent an otherwise eligible child who is not included in the family's calculation of benefits under this article from being eligible for coverage under title 36, chapter 29 or for any services that are directly linked to eligibility for the temporary assistance for needy families program. O. Assistance shall not be denied or terminated under this article because the principal wage earner works one hundred or more hours per month. P. Except as provided in paragraph 2 of this subsection, all members of a needy family, including stepparents, must meet the same financial eligibility criteria established in this title, by department rule and as follows: 1. The department shall include all income from every source available to a needy family requesting cash assistance, except income that is required to be disregarded by this subsection and as determined by the department in rules. For the amount of income that is received from employment, each month every employed person is entitled to receive an earned income disregard of ninety dollars plus an additional thirty percent of the remaining earned income. A needy family that includes an employed person is entitled to an earned income disregard equal to the actual amount billed to the household for the care of an adult or child dependent household member, up to two hundred dollars a month for a child under two years of age and up to one hundred seventy-five dollars a month for each other dependent. This dependent care disregard is allowed only if the expense is necessary to allow the household member to become or remain employed or to attend postsecondary training or education that is preparatory to employment. 2. The total gross countable income of a needy family that includes a nonparent relative head of household who is not applying for or receiving cash assistance and who is requesting cash assistance only for a dependent child shall not exceed one hundred thirty percent of the federal poverty guidelines. Q. If the total gross countable income in subsection P, paragraph 2 of this section does not exceed one hundred thirty percent of the federal poverty guidelines, in determining benefit amount, the department shall exclude the income of all members of the needy family except for the income of the eligible dependent child for whom cash assistance is requested. R. For the purposes of eligibility and benefit amount, only the income of the dependent child is considered for a child only case. S. Any parent or other relative who applies for or receives cash assistance under this article on behalf of a dependent child who is between six and sixteen years of age shall ensure that the child is enrolled in and attending school. An initial applicant is ineligible for benefits until the applicant's dependent children are verified to be enrolled in and attending an educational program. The department of education shall assist the department of economic security in obtaining verification of school enrollment and attendance. The director of the department of economic security may adopt rules for granting good cause exceptions from this subsection. The department of economic security shall sanction a recipient who fails, without good cause, to ensure school enrollment and attendance according to section 46-300. T. Any parent or other relative who applies for or receives cash assistance under this section on behalf of a dependent child shall ensure that the child is immunized in accordance with the schedule of immunizations pursuant to section 36-672. The director of the department of economic security may adopt rules for granting good cause exceptions from this subsection. The department of economic security shall sanction a recipient, in accordance with section 46-300, who fails, without good cause, to obtain the required immunizations for a dependent child unless the recipient submits to the department of economic security the documentation described in section 15-873. 46-293. Ineligibility for other public assistance A person receiving assistance under this article shall not at the same time receive any other public assistance under this title except by authorization of the state department. 46-294. Duration of assistance A. A needy family is ineligible for a cash assistance grant awarded under this article, except in case of hardship or as provided in subsection G of this section, if any of the following applies: 1. The needy family includes a head of household or the spouse of the head of household who has received cash assistance for himself for a total of twelve months. 2. The needy family includes a cash assistance ineligible parent or the spouse of the ineligible parent who has received cash assistance on behalf of an eligible dependent child for a total of twelve months. 3. The needy family includes an adult nonparent relative head of household or the spouse of the adult nonparent relative head of household who has received cash assistance on behalf of an eligible dependent child for a total of twelve months. B. The time limit prescribed in subsection A of this section applies retroactively to cash assistance received under this article or the Arizona works program on or after October 1, 2002. The time limit applies regardless of: 1. Whether the twelve months are consecutive. 2. The source of funding for the program. C. The twelve month time limit prescribed in this section does not apply to child only cases. D. In determining the number of months that assistance has been received, the department shall disregard any month during which assistance is received by: 1. A foster parent, an unrelated adult or a nonparent relative, in a child only case. 2. An assistance unit during the time in which the assistance unit resides on an Indian reservation in which the unemployment rate of the adults residing on the Indian reservation exceeds fifty percent. 3. An assistance unit if the cash assistance grant is less than the full monthly amount of cash assistance for which the assistance unit qualifies based on the date of the application. 4. An adult recipient who as a minor child was not a head of household or married to a head of household. E. Except in case of hardship or as provided in subsection G of this section, an assistance unit in which any adult or minor parent of a dependent child who is a head of household or married to a head of household has received sixty months of assistance funded in whole or in part by the temporary assistance for needy families block grant in this or any other state or United States territory or from a tribal temporary assistance for needy families program shall not be eligible to receive under any circumstances more than sixty months of such assistance. F. Consistent with the adopted state plan, cash assistance shall terminate on July 1, 2016 for any family, without regard to whether the family meets the financial criteria established for a needy family, that has received twelve or more months of cash assistance as of that date. G. A needy family may receive cash assistance for an additional twelve months if both of the following apply: 1. The head of household or other adult household member who is required to participate in the work program is in full compliance and remains in full compliance with all work activity requirements of the program. 2. Each dependent child in the assistance unit, who is required to attend school pursuant to section 15-803, not including child only cases, has a school attendance record of at least ninety percent unless the child was excused pursuant to section 15-802, subsection D, paragraph 1, 3, 5, 6 or 7. 46-295. Recovery of public assistance from legally responsible persons; fund A. If a recipient of public assistance has a person who is legally responsible for that person's support and who is presently able to reimburse the department for public assistance provided, the department, through the attorney general or county attorney, shall proceed in the following order against: 1. The spouse of a recipient. 2. The former spouse of a recipient. 3. A father or mother not presently receiving public assistance. 4. Any other legally responsible person. B. If a recipient of public assistance receives an overpayment of support or is determined ineligible pursuant to section 46-292 or 46-293, the department may recover the support incorrectly paid during that time period. The department shall deposit monies recovered in the public assistance collections fund established pursuant to this section. C. On request of the department, the attorney general or county attorney shall commence an action in the superior court in the county where the recipient of public assistance resides or in the superior court in Maricopa county, against the persons in the order specified in subsection A of this section, to recover the assistance granted and to secure an order requiring payment of amounts that become due in the future for which the person is liable. D. The public assistance collections fund is established consisting of monies received pursuant to this section and section 41-2752. The department shall administer the fund. Subject to legislative appropriation, the department shall use fund monies to improve public assistance collection activities. The department shall deposit, pursuant to sections 35-146 and 35-147, twenty-five per cent of the monies collected pursuant to this section in the public assistance collections fund and seventy-five per cent of the monies collected pursuant to this section in the state general fund. Notwithstanding this subsection, pursuant to sections 35-146 and 35-147, the department shall deposit fifty per cent of the monies collected pursuant to section 41-2752 in the public assistance fund and the remaining fifty per cent of the monies collected pursuant to section 41-2752 shall be deposited in the state general fund. 46-296. Eligibility for assistance; unwed minor parents A. Except as provided in subsection B, an assistance unit headed by an unmarried person under eighteen years of age is not eligible for assistance benefits. B. Subsection A does not apply to unwed minor parents in any of the following situations: 1. The applicant has no living or locatable parent, other legally responsible adult relative or legal guardian. 2. The applicant is a legally emancipated person. For purposes of this paragraph, "emancipated person" means a person who, under the laws of this state, is neither under a legal duty of service to a parent or parents, other adult relative or legal guardian nor entitled to the support of a parent or parents, other adult relative or legal guardian. The department shall adopt rules prescribing relatives who can be considered as an "other adult relative". 3. On submission of an applicant's statement of abuse or neglect, the department determines that there is sufficient evidence that the health or safety of the applicant or the applicant's dependent child or children would be jeopardized if the applicant or dependent child or children resided with the applicant's parent, other legally responsible adult relative or legal guardian. 4. The unwed minor parent and his child or children reside with the minor's parent or parents, other adult relative or legal guardian who either has eligible children or is determined needy by the department. The department shall use the following guidelines when determining eligibility pursuant to this paragraph: (a) In the case of the minor's parent or parents, other adult relative or legal guardian with eligible children, the department shall combine all eligible children in one assistance unit and grant. The minor parent's parent or parents, other adult relative or legal guardian shall be the applicant and payee for the assistance grant. (b) For purposes of determining whether the minor's parent or parents, other adult relative or legal guardian is needy, the department, by rule, shall adopt a screening tool with income criteria not exceeding those used to determine eligibility for assistance benefits. If the department determines the household to be needy, the unwed minor parent shall be considered an eligible applicant for assistance benefits. C. Nothing in this section shall be construed to prevent an otherwise eligible person who is not eligible for cash assistance benefits pursuant to subsection A from being eligible to receive covered medical services under title 36, chapter 29 or any other services that are directly linked to eligibility for the temporary assistance for needy families program. D. Any attempt by a minor applicant for assistance benefits to knowingly misrepresent information in a manner that is designed to subvert the requirements of subsection B constitutes fraud, and the department shall report the person to the appropriate authorities. The department also shall report to the appropriate authorities any evidence of abuse or neglect the department obtains while making a finding pursuant to subsection B, paragraph 3 regarding the health or safety of an unwed minor parent or the unwed minor parent's dependent child or children. E. In implementing any provision under this title regarding limiting benefits for additional children, the department, only for the purposes of attempting to assign a birth to a specific assistance unit, shall consider as separate assistance units the combined household referenced in subsection B, paragraph 4. 46-297. Electronic benefit transfers; prohibitions; penalties; violation; classification; definitions A. A head of household who receives cash assistance pursuant to this article, or on behalf of another person, and any person authorized by the head of household shall not conduct an electronic benefit transfer card transaction at any of the following: 1. A liquor store. 2. A commercial horse racing or dog racing facility as defined in section 5-101. 3. A casino, gambling casino or gaming establishment or a gaming facility located on Indian lands pursuant to section 5-601.02. 4. An adult oriented entertainment establishment. 5. A medical marijuana dispensary. B. In addition to the restrictions prescribed in subsection A of this section, a head of household who receives cash assistance pursuant to this article, or on behalf of another person, and any person authorized by the head of household may not use an electronic benefit transfer card to purchase lottery tickets. C. It is unlawful for an adult oriented entertainment establishment to operate on the licensed or permitted premises an automatic teller machine or a point-of-sale terminal that accepts electronic benefit transfer cards issued under this title or that processes electronic benefit transfer card transactions. A violation of this subsection is a license violation. D. The department shall notify electronic benefit transfer card recipients of the restrictions prescribed in this section. E. A person who violates subsection A, B or C of this section is guilty of a class 1 misdemeanor. F. For the purposes of this section: 1. "Adult oriented entertainment establishment" means an entertainment business at which performers disrobe or perform in an unclothed state. 2. Casino, gambling casino and gaming establishment do not include either of the following: (a) A grocery store that sells groceries, including staple foods, and that is located in the same building or complex as a casino, gambling casino or gaming establishment. (b) Any other business that offers gambling or gaming activities incidental to the principal purpose of the business. 3. "Electronic benefit transfer card transaction" means the use of a credit or debit card service, automated teller machine or point-of-sale terminal or access to an online system for the withdrawal of cash assistance provided pursuant to this article or for the processing of a payment for merchandise or a service from cash assistance provided pursuant to this article. 4. "Liquor" means the following substances as defined in section 4-101: (a) Beer. (b) Wine. (c) Distilled spirits. (d) Spirituous liquor. 5. "Liquor store" means: (a) A retail establishment that exclusively or primarily sells liquor, but does not include a grocery store that sells both liquor and groceries, including staple foods. (b) An on-sale retailer as defined in section 4-101 if the on-sale retailer sells liquor in the original container for consumption off premises. 6. "Staple food" means food in any of the following categories except accessory food items such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments and spices: (a) Meat, poultry or fish. (b) Bread or cereals. (c) Vegetables or fruits. (d) Dairy products. 46-297.01. Electronic benefit transfer cards; replacements; out-of-state spending; fraud investigation A. The department shall send each recipient who requests two replacement cards within a twelve-month period a letter informing the recipient that another request will initiate an investigation by the department to determine whether there is fraud. If a third-party vendor is administering replacement cards directly to recipients, the vendor shall notify