Reform to welfare laws directly affect teen parents. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) is the federal law which governs how welfare benefits are distributed. Title I of PRWORA created the Temporary Assistance to Needy Families (TANF) program, which replaced Aid to Families with Dependent Children (AFDC). The new law requires that each state put a five-year lifetime limit on an individual’s (or family’s) receipt of TANF. The law also requires that recipients of TANF must find work within two years of receiving assistance, although there are some exceptions for those attending school or training programs. In Pennsylvania, the two year clock began running on March 3, 1997. The federal law prohibits states from penalizing any parent with children under the age of six who cannot meet work requirements due to lack of available child care.

Frequently Asked Questions

Do teenage parents have to live with their own parents to receive TANF?

To receive TANF benefits, a teenage parent must either live at home with his or her parents, a legal guardian, or other adult relative who is at least 18 years old, or in an adult-supervised supportive living arrangement.1 In these situations, it is the parent, legal guardian, relative or other adult who is the payee on behalf of the minor parent and his or her child.2

If the minor parent cannot return to the home of a parent, legal guardian or other adult relative, the cash assistance worker and Children and Youth agency will provide assistance to the minor parent to find an adult-supervised supportive living arrangement.

A minor parent can claim an exemption from the requirement to live with an adult if she can provide documentation of one of the following:

• Neither a parent, legal guardian or other adult relative is able to retain or assume parental control over the minor parent due to physical, emotional, mental, financial or other limitations
• The minor has no living parent or guardian or their whereabouts are unknown;
• The parent or guardian of the minor will not let her live in the home due to space, housing code or lease limitations
• The physical or emotional health or safety of the minor or her child would be jeopardized if they resided with the parent or guardian, as shown by records from health facilities, school, social service agencies, the police or the courts
• The minor parent’s child was conceived as result of rape or incest committed by someone living in the household
• The minor parent and child no longer reside in the home of the parent or legal guardian because of physical or sexual abuse of the minor parent, her child or any other child in the household or the threat of such abuse
• The parent or guardian lives in another area of the state in which it is not practical for the minor parent to live because of factors such as attendance at school, a vocational program, employment, therapy or substance abuse treatment
• The parent, legal guardian or adult relative has spent the minor parent’s assistance in an improper manner
• Additional exemptions will be granted if they are deemed in the best interests of the minor and her child at the discretion of the Department of Public Welfare

Does a minor parent have to stay in school in order to receive welfare benefits?

The minor must attend an educational program directed towards attaining a high school diploma or its equivalent, such as a GED program, to receive benefits.

To receive financial assistance through TANF, the teenage mother must cooperate with the Pennsylvania Department of Public Welfare to identify the father for support purposes. Prior to demanding cooperation, the cash assistance worker must notify the teenage mother of her right to claim "good cause" to not identify the father and the requirements for making such a claim.3 Circumstances in which cooperation would not be in the best interest of the child include: a reasonable expectation that pursuit of a paternity action would result in serious physical or emotional harm to either the child, the minor mother, or the caretaker of the minor mother and child; the child was conceived through incest or rape; or adoption proceedings are pending.4

A good cause claim must be supported by documentation, including medical, law enforcement, social service, and psychological records. A sworn statement of an individual other than the applicant or recipient with knowledge of the circumstances can also be used to support a good cause claim.5 An applicant or recipient must provide this evidence within 20 days of filing a good cause claim unless an extension is granted.6 If requested, the cash assistance worker will provide assistance in acquiring the needed documents to prove good cause.7 The Department must make its determination of whether good cause for refusing to cooperate exists within 45 days from the day the good cause claim was initiated.8

The Department of Public Welfare will consider claims of good cause that are based on the anticipation of physical harm where no corroborative evidence is available.9 In these cases, the caretaker/relative and teenage mother must assume the burden for establishing the credibility of the claim and explain why no evidence is available. The Department may then conduct an investigation of the claim.

End Notes

This fact sheet is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed in this fact sheet may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

Children’s Rights: Facts You Should Know was made possible by a grant from the Samuel S. Fels Fund. Spring 1999.

1 . 55 P.A. Code §141.121 (p)(1998).
2 . 55 P.A. Code §141.121 (p)(1)(1998).
3 . 55 P.A. Code §187.23 (3)(1998).
4 . 55 P.A. Code §187.23 (3)(i)(1998).
5 . 55 P.A. Code §187.23 (3)(ii)(1998).
6 . 55 P.A. Code §187.23 (3)(iii)(1998).
7 . 55 P.A. Code §187.23 (3)(iv)(1998).
8 . 55 P.A. Code §187.23 (4)(i)(1998).
9 . 55 P.A. Code §187.23 (3)(v)(1998).

Last updated: Summer 2007