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Minor Parent Residence Requirement
[EAS 89-201]
A never-married minor, under the age of 18 who is pregnant or who has a dependent child must live:
- With their parent(s) (the senior parents),
- With their legal guardians,
- With any other adult relative who is over the age of 18 and meets the CalWORKs degree of relatedness. Refer to Caretaker Relative Requirements [EAS 82-808].
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Reminder: The "significant other" of the minor parent does not meet the degree of relatedness to the minor parent.
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- In a state licensed adult-supervised supportive living arrangement which includes a group home or a maternity home.
Note: The residency requirement applies to ALL never-married minor parents, even if the minor parent is an undocumented non-citizen or an SSI/SSP recipient.
Reminder: When a minor parent does not live in an appropriate living situation or meet one of the exceptions listed below, the minor parent and/or the minor parent’s AU is ineligible for CalWORKs.
Exceptions to Minor Parent Residence Requirement
[EAS 89-201.2]
The minor parent and the minor parent’s child(ren) are exempt from the above residence requirement when specific exceptions are met. The EW must determine if any of the following conditions are applicable to EACH senior parent:
- The minor parent has no living parent or legal guardian.
- The whereabouts of each of the minor parent’s parent(s) or legal guardians are unknown.
- Each parent(s) or legal guardian of the minor parent will not allow the minor parent and the minor parent’s child(ren) to live in their home.
- The minor parent has lived apart from each senior parent or legal guardian for a period of at least 12 months prior to the birth of the dependent child or the application for aid.
- The minor parent is legally emancipated.
- A CPS SW determines that the physical or emotional health or safety of the minor parent and her dependent child would be jeopardized if the minor parent and child lived with either senior parent or legal guardian.
Reminder: An exception must exist for each senior parent. If a minor parent did not know the whereabouts of one senior parent and was unable to live with the second senior parent, then both senior parents met an exception, and the minor parent would be potentially eligible. However, if the minor parent did not know where the one of the senior parent was, but knew where the second senior parent was and they would allow the minor parent and her child to reside with them, then the minor parent must do so in order to receive CalWORKs.
EW Action
When determining eligibility for a minor parent the EW must review the minor parent’s living situation and insure that the minor parent meets the residency requirement or meets one of the exceptions to the residency requirement. If the minor does not meet either of these requirements, the minor is not eligible for CalWORKs unless the minor parent moves into one of the acceptable living arrangements.
If the minor moves out of an adult supervised living-situation, the EW must redetermine if the minor still meets the minor parent residency requirement or an exception.
Intake Processes
When a minor parent is applying for ONLY themself and their child, it is not necessary that the senior parent be present at the intake interview. It is the minor parent’s responsibility to complete the required forms and provide all other necessary information.
"Supplemental Statement of Facts - Minor Parent" CW 25
At Intake, Redetermination (RD) or whenever the minor parent reports a change in their living situation, the EW must secure a “Supplemental Statement of Facts - Minor Parent” (CW 25). Based upon the information provided on the CW 25 and the verification received, an eligibility determination must be made. The CW 25 provides the minor parent’s statement concerning their living arrangement.
A CW 25 is required for every case which contains a minor parent. The original of the CW 25 is Imaged into the case record.
Verification of Exception(s)
The EW must secure verification which supports the minor parent’s claim that they meet one of the exception criteria. A written or verbal statement is preferable; however, the EW may confirm a statement by telephone. If no other verification can be obtained and there is no conflicting information, a written statement using the "Sworn Statement" (GEN 853) from the minor can be used as verification.
If the minor parent states that the senior parent will not allow the minor parent to move back home, a written or verbal statement from the senior parent is required. If the minor parent can not provide this statement, then a confirming telephone call or letter can be substituted.
If the minor parent claims that the senior parents are deceased, the minor parent can provide a death certificate or a written statement from another adult relative who can confirm that the parent is deceased.
If the minor parent claims to have lived apart from the senior parents for 12 months, the EW must secure verification of this. The minor parent may provide written statements from reliable sources who would have known of the situation, rent receipts or other similar verifications.
If the CW 25 indicates that the minor parent can not reside with their senior parent due to abuse, drug or alcohol problems, extremely unsanitary conditions, etc., the EW must determine whether this is a health and safety issue and make a referral to Child Protective Services (CPS). It will be up to the CPS SW to determine whether or not the allegation is valid. Based upon the CPS findings, the EW will determine if an exception exists. Refer to Referral to CPS [EAS 89-201.24].
Specific Examples of Exception Request and EW Action
A minor parent requests an exception and it is approved. Later it is discovered that she could live with the senior parents and they want the minor parent to return home. The EW must contact the minor parent and provide advise that the exception due to whereabouts unknown of the senior parent is no longer valid. The minor parent must be informed that as a result of this change and is not CalWORKs eligible, unless the criteria for another exception is met. A determination must also be made whether any of the CalWORKs previously paid is an overpayment.
If the minor parent states that the whereabouts of the senior parents are unknown, but the EW discovers that the senior parents are on aid in another county, the EW must contact the senior parents and inform them that the minor parent has applied for CalWORKs here. If the minor parent had previously resided with the senior parent at the senior parent’s current residence, then the minor parent must be notified that the claim that the senior parent’s whereabouts are unknown is unfounded and that the minor parent must return to the home of the senior parent or another relative or meet another exception in order to be eligible for CalWORKs.
If the minor parent claims that the child was conceived as a result of incest or rape by the senior parent or other adult living in the home, then a referral to CPS must be made. It will be up to the CPS SW to determine whether or not the allegation is valid. Based upon the CPS findings, the EW will determine if an exception exists. Refer to Referral to CPS [EAS 89-201.24] for the CPS Referral Process.
“Payee Agreement For Minor Parent” (CW 25A)
[EAS 89-201.4]
The EW must secure a "Payee Agreement for Minor Parent" (CW 25A) when the minor parent lives in any one of the specified adult-supervised living situations.
Senior Parent/Legal Guardian/State Licensed Home as Payee
The payee for the minor parent is the adult living in the home or the group/maternity home. By signing the CW 25A, the responsible adult agrees to:
- Use the funds for the support of the minor parent and the minor parent’s child(ren).
- Make sure that all written information sent by the county is given to the minor parent, as the minor parent is responsible for any required actions. This includes, but is not limited to, the "Semi-Annual Eligibility/Status Report" (SAR 7), any NOAs, any informing notices, etc.
- Notify the county within 5 days if the minor parent should move out, and return any payments received after that.
Note: If the minor parent fails or refuses to cooperate in securing the CW 25A, the entire AU is ineligible for aid. If the CW 25A is not signed by the adult in the home and is returned by the minor parent, the EW must verify and document that the minor parent attempted to obtain the adult’s signature but the adult refused to sign the CW 25A. The signature of the minor parent on the CW 25 gives the EW permission to contact the adult in the home.
Once the determination is made that an ongoing minor parent case meets the residency requirements, the CW 25A must be completed by the adult in the home. If the senior parent or other adult is to be the payee for the minor parent’s AU, the minor parent must be given an adequate NOA. This is because the minor parent who is the CalWORKs recipient is being affected by the payee status change.
The CW 25A is Imaged into the case record.
Minor Parent as Payee
The minor parent may be the payee on their own case, ONLY when:
- The minor parent is an exception from the residency requirement, or
- The adult living in the home or the group/maternity home refuses to act as payee.
If the EW determines that the adult in the home is not using the CalWORKs funds to meet the needs of the minor parent and the minor parent’s child, the EW may make the minor parent the payee. This must be verified (usually through a SW) and carefully documented on the Journal Detail page of CalSAWS. If the SW provides this information through a telephone call, the EW should also request a written statement.
Referral to CPS
[EAS 89-201.24]
If the minor parent states that the physical or emotional health or safety of the minor parent’s child or the minor parent him or herself would be jeopardized if they were to return to the senior parent’s home, a referral must be made to Child Protective Services (CPS) to determine if this allegation is true.
- For applicants, CalWORKs eligibility can not be determined until the CPS Social Worker has reviewed the situation and verified that this is a health and safety issue.
- For recipients, the minor parent must be instructed to cooperate with the CPS SW. CalWORKs eligibility continues until the SW has completed their review and notified the EW of the outcome. The EW must then take appropriate case action.
When the minor parent claims that there is a health and safety issue involved and the minor parent is potentially CalWORKs eligible, follow these steps to refer the minor parent to CPS:
- Review the CW 25 to determine what the minor parent is alleging.
- Explain to the minor parent that a referral to CPS must be made to have the allegation supported.
- Call 299-2071 and make the initial contact with a telephone referral. Explain to the person answering the telephone that this is a health and safety referral for a minor parent CalWORKs applicant/recipient.
- Send a copy of the CW 25 to CPS, 373 W. Julian Street. The CPS SW will contact the minor parent to complete an in-person safety assessment of the minor parent’s living situation, the minor’s ability to live independently, and the services required to insure the health and safety of the minor parent and the minor parent’s child(ren). Any subsequent action by the EW is dependent upon the results of the SW’s case review.
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Note: There is no need to complete any additional forms when reporting this as a potential case of child abuse or neglect.
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After the completion of the CPS investigation, the SW will send the EW a copy of the completed CW 25, verifying the results of the investigation. The CPS SW has 20 calendar days from the date of referral, to make their determination. Once the CPS investigation is completed, the EW must take appropriate action based upon the CPS referral:
| If... | Then the EW must... |
| It is determined that a health and safety concern does exist, | Complete the remainder of the eligibility determination process. |
| It is determined that a health and safety concern does not exist, | Explain to the minor parent that she must reside with an appropriate caretaker relative or meet one of the other exceptions in order to be CalWORKs eligible. |
| The teen parent does not meet any other exemption criteria or chooses not to change their place of residence, | Deny/discontinue the application, as appropriate. |
Reminder: The minor parent can always appeal any decision made by the Agency. If the minor parent is denied or discontinued based upon the CPS determination, that action may be appealed. If the minor parent requests an Appeal in a timely manner, that individual may be eligible to Aid Paid Pending (APP). The SW may decide to make another CPS investigation, or can wait for the hearing decision.
Referral to "The Adolescent Family Life Program"
[EAS 89-201.3]
All minor parents who meet an exception from the requirement that they live with their senior parent or in another adult-supervised living arrangement must be referred to AFLP for on-going MPFM services. A minor parent who is legally emancipated is not referred to AFLP, as they are treated as adults. If a referral has been made to CPS for a health and safety concern, the CPS SW will forward the referral to AFLP, once their determination has been made and the minor parent is determined eligible.
If it is determined that the minor parent meets any of the other exceptions (other than health and safety or emancipation) the EW must:
- Inform the minor parent that a referral is being made to AFLP, and
- Refer that individual for MPFM services, once eligibility is cleared, by sending a copy of the CW 25 to AFLP.
The case manager assigned this case has 30 calendar days from the date of the referral to make an in-person visit with the minor parent. This visit is to determine whether it is safe for the minor parent and the minor parent’s child to live independently with the receipt of MPFM services.
If the minor parent’s case then closes, the EW must notify AFLP by telephone that this has occurred. If the minor parent lives with their senior parent or in another appropriate adult-supervised living arrangement, a referral to AFLP is not made.
Cal-Learn
The minor parent must also cooperate with the Cal-Learn program if that minor parent does not have a high school diploma or the equivalent. Cal-Learn is administered by AFLP at the Public Health Department in Santa Clara County. More intensive services will be provided to the minor parents who are referred to Cal-Learn with the CW 25. Refer to Cal-Learn for more information.
Related Topics
Senior Parent/Minor Parent Budgeting