Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 3392 (June 24, 2023).

55 Pa. Code § 141.42. Definitions.

§ 141.42. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Adult-supervised supportive living arrangement—A private family setting providing a supportive and supervised living arrangement or other living arrangement, including a private institution, such as a maternity home or a second-chance home, in accordance with §  161.23 (relating to requirements), that:

     (i)   If subject to approval, is approved in one of two ways:

       (A)   If a private family setting, the living arrangement has been evaluated and approved by the CAO as conductive to providing a supportive and supervised living arrangement for the minor parent.

       (B)   If a private institutional setting, the institution is subject to approval by a State agency for health, safety or licensing requirements.

     (ii)   Is maintained as a supportive family setting and supervised living arrangement as evidenced by:

       (A)   The assumption of responsibility for the care and control of the minor parent and dependent child by a nonrelated adult 21 years of age or older.

       (B)   In addition to food and shelter, the provision of supportive services, such as counseling, guidance or education including parenting skills, child development, family budgeting, health and nutrition and other skills to promote long-term economic independence and the well-being of the minor parent and dependent child.

   Budget group—One or more related or unrelated individuals who occupy a common residence or would occupy a common residence if they were not homeless and whose needs are considered together in determining eligibility for cash assistance under one category of assistance.

   Cash assistance allowance—The monthly family size allowance, reduced by the net income of the budget group. The family size allowance is described under §  175.23(a) (relating to requirements).

   Family—Except as provided in §  141.41(d)(2) (relating to policy), a minor child and his parent or specified relative, as defined in §  151.42 (relating to definitions), with whom the child lives.

   Minor child—An individual who is under 18 years of age, or who is under 19 years of age and who is a full-time student in a secondary school—or in the equivalent level of vocational or technical training.

   Minor parent—A TANF-eligible person under 18 years of age who has never been married and is the natural parent of a dependent child living with the minor parent, or is pregnant or a GA-eligible person 16 or 17 years of age who has never been married and is the natural parent of a dependent child living with the minor parent or is pregnant.

   Strike—Includes any strike or other concerted stoppage of work by employees—including a stoppage by reason of the expiration of a collective-bargaining agreement—and a concerted slow down or other concerted interruption of operations by employees. See section 501 of the Labor Management Relations Act (29 U.S.C.A. §  142(2)).

     (i)   Participating in a strike includes failing to report for duty, the willful absence from one’s position, the stoppage of work, slow down or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment.

     (ii)   Willful absence includes absences from one’s position unless good cause exists.

     (iii)   Good cause exists when personal injury or damage to property or applicant’s/recipient’s life is threatened. Good cause may be corroborated by court, medical, criminal, psychological or law enforcement records. These corroborating records shall specifically relate to the injury or damage which is asserted as good cause. The applicant or recipient has the burden of proving the existence of his good cause claim and shall provide the corroborative evidence required to support the claim prior to approval for assistance benefits.

Authority

   The provisions of this §  141.42 amended under sections 201(2), 403(b), 432, 432.12 and 432.21(a) of the Public Welfare Code (62 P. S. § §  201(2), 403(b), 432, 432.12 and 432.21(a)); the Support Law (62 P. S. § §  1971—1977); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. § §  601—619, 651—669(b) and 1396u-1; and the Federal TANF regulations in 45 CFR 260.10—265.10.

Source

   The provisions of this §  141.42 adopted June 25, 1982, effective June 26, 1982, 12 Pa.B. 1940; amended August 14, 1998, effective immediately and apply retroactively to March 3, 1997, 28 Pa.B. 3939; amended September 13, 2002, effective retroactively to March 3, 1997, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (268277) to (268279).

Cross References

   This section cited in 55 Pa. Code §  141.21 (relating to policy).



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