Missouri Department of Social Services, QC No. 18 (1992)

Department of Health and Human Services

Departmental Appeals Board

AFDC QUALITY CONTROL REVIEW PANEL

SUBJECT: Missouri Department of     
Social Services
Docket No. A-92-156

DATE:

 DECISION

The Missouri Department of Social Services (State)
appealed the determination of the Regional Administrator
of the Administration for Children and Families (ACF or
Agency), dated May 4, 1992, that the case of J.O. should
be dropped because the case file contained insufficient
verification that J.O.'s four children were living in her
household as of the review date, August 1, 1991.*

With its appeal request, the State submitted additional
documentation regarding the living arrangement of J.O.'s
children.  By letter dated July 21, 1992, the Agency
stated that, based on the addititonal documentation
submitted by the State, the Agency did not contest the
State's position.  Accordingly, we conclude that the
State correctly determined that J.O.'s children were
living with her as of the review date.  Therefore, we
reverse the Agency's error determination.

Relevant Authority

Section 406(a) of the Social Security Act defines the
term "dependent child" as follows:

 a needy child (1) who has been deprived of parental
support and care . . . and who is living with his
father, mother, grandfather, grandmother, [etc.]   
  . . ., in a place of residence maintained by one
or more of such relatives as his or their own home,
and (2) who is . . . under the age of eighteen . . .
.


The AFDC Quality Control Manual (Manual), issued by the
Agency, describes the process to be used in verifying the
living arrangements of children in the assistance unit
(AU):


 Determine whether the child is actually living with
the specified relative. . . . If the child has left
the household of record, even if he/she is living
with another specified relative in another
household, the child can no longer be considered
part of the original AU. . . .

Manual at V-28.

The Manual specifies primary and secondary evidence
required to document living arrangements.  For school age
children, primary evidence of living arrangement is a
current school record showing the same address for the
child and the specified relative.  For pre-school age
children, and as an alternative for school age children
where school records are unavailable, the Manual requires
visual observation of the child in the home, plus at
least one piece of corroborating secondary evidence.  If
the child is not observed in the home, at least two
pieces of secondary evidence must be obtained.  Among the
acceptable types of secondary evidence, the Manual lists
signed statements from non-relatives.

Discussion

With its appeal request, the State submitted the signed
statements of two collateral references who identified
themselves as friends of J.O.  Each signed statement
asserts that J.O.'s four children, identified by name,
were living with J.O. as of the review date.  These
signed statements constitute two pieces of corroborating
secondary evidence of the children's living arrangement,
as required by the Manual.  The Agency apparently
recognized this fact, as it submitted a letter stating
that it did not contest the State's position.

For this reason, we conclude that the evidence supports
the State's position.  Therefore, we reverse the Agency's
determination.

 

    _____________________________
    Thomas D. Horvath

 

    _____________________________
    Jeffrey A. Sacks

 

    _____________________________
    Leslie A. Weyn


* * * Footnotes * * *

     *  We identify the recipient by her initials to
protect her privacy.  The State quality control review
number for this case is 49992.
 

(..continued)