Effect of MFG Rule on Minor Parents

If a minor parent has a child while receiving aid on the senior parent’s case, the MFG rule applies if the family has received the required informing and received aid for ten months prior to the birth of the minor parent’s child. MFG will continue to apply for that minor parent’s child until the AU has not received CalWORKs for at least 24 consecutive months.

Example Example An AU consists of a mother and her 14-year-old son and 16-year-old daughter. The family has been on CalWORKs for the last several years. The mother reports that the 16-year-old had a baby and requests that the baby be added to the AU. This newborn is determined to be an MFG child and MAP is not increased to include the 16-year-old’s child. 

Children Born to Minor Parents Prior to July 1, 2001

Nickols v. Saenz: Any child born to a minor parent aided as a dependent in a CalWORKs AU (nested teen) prior to July 1, 2001, is not subject to the MFG rule.

Minor Parent Establishes Own AU

The Nickols settlement provides for new exemptions to the MFG rule. When a former minor parent who was aided in a CalWORKs case establishes his/her own AU, the MFG rule is no longer applied to any existing MFG child of this former minor parent. The MFG rule cannot be applied to any new child born to this former minor parent during the first ten months after establishing his/her own AU. Additionally, the MFG rule cannot be applied unless the former minor parent received a copy of the CW 2102A/CW 2102 when he/she applied for aid in his/her own case.

Nickols v. Saenz: As of September 1, 2000, any child born to a minor parent aided as a dependent in a CalWORKs AU, who had or has the MFG rule applied to them, will no longer be subject to MFG once the minor parent establishes his/her own AU.

This applies to a minor parent who turns 18 or meets an exception to the minor parent residency requirement and applies for CalWORKs on their own behalf. The minor parent’s child will be relieved of the MFG status permanently and the needs and formerly exempt income will be counted when determining eligibility. A copy of the CW 2102 must be provided and signed by the parents as part of the application process when they apply for aid in their own case. The MFG rule will be applied to any additional children born to the parent ten months after establishing his/her AU, if no other exemptions apply.

Example Example An AU consists of the senior parent, the minor parent, the minor parent’s child and two siblings of the minor parent. The minor parent’s child has been determined to be an MFG child and MAP is not increased to include that child. The minor parent turns 18 and applies on her own behalf. The MFG rule is no longer applied to this child. The MAP for the AU of the 18-year-old and her child is MAP for 2. 

If the minor parent’s child is born after the minor parent leaves the senior parent’s AU and the minor parent has been receiving CalWORKs on her own behalf, then the MFG determination is made based upon whether the minor parent received aid in the last ten consecutive months. If the minor has received aid, either as an adult or as a child for ten consecutive months, then the MFG rule is applied to the minor parent’s child.

MFG Child of Minor Parent Excluded by Law

If the minor parent is a mandatory member of the senior parent’s AU but is excluded from the AU by law (i.e. undocumented non-citizen, SSI/SSP recipient) and that minor parent has a potential MFG child, the MFG rules do not apply. The minor parent has not "received aid" for the 10 months immediately preceding the birth of the minor parent’s child.

Note: The MFG rule would apply to the child born to an unaided minor parent, excluded by law, if the minor parent has been receiving aid on behalf of his or her other eligible children, even if they (i.e. undocumented non-citizen, SSI/SSP recipient) do not receive aid for themselves.

Example Example The senior parents have received cash aid for themselves and two other eligible children. Their SSI/SSP child is a minor parent. The MFG rule does not apply to the child of a minor parent who was unaided, even if his/her senior parents and or siblings have been on aid at least ten months before the baby was born. However the MFG rule would apply if the minor parent received aid for another child. 

Effect of Mandatory Inclusion

If the newborn is determined to be an MFG child, eligibility for that child’s parent(s) and any other siblings or half-siblings must also be determined.

Example  Example  A pregnant woman is receiving CalWORKs for herself and her separate child. She becomes pregnant and receives the pregnancy special need. The father of the unborn is in the home and considered an Unrelated Adult Male (UAM) until the baby is born. The mother calls on November 20th to report the birth of the child and to request that aid be paid for both the child and the child’s father. The EW secures the required verification and determines that the newborn is an MFG child. That child is added to the AU, however there is no increase in MAP for the newborn. Since the father of the newborn is also a mandatory AU member, he is added to the AU once eligibility is cleared. The MAP amount is increased to include the father. 

Related Topics

MFG

MFG - Counting of Months

MFG - Informing Requirements

MFG - Exceptions

Eligibility of MFG Child