New Jersey Department of Human Services, QC No. 45 (1993)

Department of Health and Human Services

Departmental Appeals Board

AFDC QUALITY CONTROL REVIEW PANEL

SUBJECT:  New Jersey Department 
of Human Services
Docket No. A-92-121
Decision No. QC45-R

DATE:  March 22, 1993

DECISION ON RECONSIDERATION

The Administration for Children and Families (ACF)
requested reconsideration of the Panel's decision in New
Jersey Dept. of Human Services, DAB QC24 (1992) (Board
Docket No. A-92-121).  In that decision, the Panel
reversed ACF's Quality Control (QC) review determination
that the New Jersey Department of Human Services (New
Jersey) overpaid an Aid to Families with Dependent
Children (AFDC) assistance unit for the review month of
March 1991.  ACF had determined that New Jersey should
not have included the needs of the minor child's father
in the grant of assistance, where the father's paternity
had not been legally established as of the review date.

The Panel's guidelines provide that a party may request
reconsideration of a Panel decision upon a showing of a
clear error of fact or law.  For the reasons explained
below, we find that ACF has shown persuasively in its
request that provisions of the Social Security Act
governing AFDC eligibility require that a father be
legally obligated to support a minor child prior to being
included in the assistance unit.  We find that our
previous decision was erroneous as a matter of law for
focusing on the father's biological status, rather than
on the uncontested fact that he did not meet this
standard as of the review date.  Accordingly, we sustain
ACF's original error determination.

Background

The assistance unit consisted of the recipient, her minor
child, and D.L., the child's father.  Eligibility for
AFDC was based on D.L.'s unemployment as the principal
wage earner, and his needs were included in calculating
the $424 award of assistance for the review month of
March 1991.  ACF maintained that D.L. should not have
been included in the assistance unit as the child's
father during the review month because his paternity was
not legally established until a court order dated June
26, 1991.  ACF maintained that New Jersey overpaid the
assistance unit $102 by including his needs in
calculating the grant of assistance.

In reversing ACF's error determination, the Panel
observed that since D.L. was later adjudicated the
child's father, he must have been the father as of the
review date.  Based on the fact that New Jersey's
designation of D.L. as the father was ultimately correct,
the Panel declined to find that New Jersey committed a QC
error by including him in the assistance unit.  ACF, in
its request for reconsideration, argued that the Panel
committed a clear error of law by holding that D.L. could
be included in the assistance unit prior to the
adjudication of paternity.

Analysis

Title IV-A of the Social Security Act (Act) provides for
payments to needy families with dependent children. 
Section 406(b) of the Act defines "aid to families with
dependent children" as money payments with respect to a
dependent child, and includes money payments to meet the
needs of the relative with whom any dependent child is
living.  Section 402(a)(38) requires that the income,
resources, and needs of a dependent child's parents be
considered in determining the child's eligibility and
need for assistance.  Section 406(a) of the Act defines a
"dependent child" as a needy child who has been deprived
of parental support by reason of the continued absence
from the home of a parent.  Section 407(a) provides that
a dependent child also includes a needy child who has
been deprived of parental support by reason of the
unemployment of the parent who is the principal wage
earner.

As ACF pointed out in its request for reconsideration,
the U.S. Supreme Court's decision in King v. Smith, 392
U.S. 309 (1968) limited the term "parent" in section
406(a) of the Act to those persons with a legal duty of
support.  329 U.S. at 327.  King v. Smith struck down an
Alabama policy that treated as a "substitute father" any
man having a relationship with a child's mother, thus
rendering the household ineligible because the "family"
is intact.  This policy had been applied to deny
assistance where the mother was having a relationship
with a married man who lived with his wife and children
in another household.

While we found in our decision that the particular facts
in King v. Smith were distinguishable from those here, we
now find that we are bound by the larger principal cited
by ACF, that a "parent" under section 406(a) includes
only those fathers who have a legal duty to support their
minor children.  This holding is equally applicable to
section 407(a) of the Act, which provides an additional
basis for finding parental deprivation.  Since a putative
father with no legal duty to support is not a parent
under the relevant provisions of the Act, he is also not
one of the specified relatives whose needs and income may
be included in determining a grant of assistance under
section 402 of the Act.  We conclude that there is no
basis to find that the term "parent" has different
meanings in these sections of the Act.  Thus, we find
that under King v. Smith, a putative father must be
legally obligated to support the child in order to be
included in a grant of assistance and for deprivation to
be based on his unemployment.

In this case, ACF established that under New Jersey law,
D.L. was not legally obligated to support his minor child
as of the review date.  New Jersey did not take issue
with ACF's position that in New Jersey a duty of support
may be imposed on a putative father only after paternity
has been legally established.  New Jersey also did not
dispute that paternity may be established in New Jersey
only by or with the approval of a court.  Moreover, New
Jersey did not disagree that in this case, paternity was
not legally established prior to the June 26, 1991 court
order.  Furthermore, New Jersey was unable to indicate
why its eligibility workers had designated D.L. as the
minor child's father as of the March 1, 1991 review date.
 Consequently, D.L. was not eligible to be considered a
"parent" under the Act whose unemployment could be a
basis for a finding of parental deprivation or whose
needs could be considered in the grant of assistance,
even though he was subsequently adjudicated to be the
minor child's father.

Although excluding the man acknowledged to be the father
from the assistance unit may seem to be an absurd result,
ACF has shown that this result was compelled by
applicable law.  ACF has also shown significant policy
grounds for requiring that a father's duty to support his
minor child be legally established before he can be
included in the assistance unit.  As ACF pointed out,
allowing state workers to make paternity determinations
without legal authority could create intact families
ineligible for assistance (since there is no parental
deprivation), even though the fathers are not legally
obligated to support their minor children.  That this was
not the case here was because eligibility was based on
unemployment of the principal wage earner.  Under this
basis for eligibility, deprivation may exist even though
both parents are present.  However, where unemployment of
the principal wage earner is the basis for eligibility,
the failure of either parent to qualify as an unemployed
principal wage earner under section 407(a) of the Act
would eliminate parental deprivation and render the
entire assistance unit ineligible.  Once again, the child
would be denied assistance based on the presence in the
home of a man who has no legal duty to contribute to the
child's support.  Consequently, the policy interests
cited by ACF for requiring that a father's duty to
support a minor child be legally established prior to his
being included in the assistance unit still apply.

Conclusion

For the reasons discussed above, we find upon
reconsideration that our earlier decision was based on a
clear error of law, and that New Jersey should not have
included D.L. in the assistance unit for the review
month.  Therefore, we sustain ACF's error determination.

 

                                 
        Sara Anderson

 

                                 
         Maxine Winerman

 

                                 
        Jeffrey A. Sacks