Public Assistance for Minors Living Alone
© 1997 by Neighborhood Legal Services, Inc.
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Can I be denied welfare because I refuse to return home?

     It depends. If you are under 21, are not married, and are not pregnant or a parent yourself, you can be denied welfare because you refuse to return home if your parents offer to support you in their home.

     If you are between 18 and 21 years old, are not married, and are pregnant or a parent yourself, you cannot be denied public assistance because you refuse to return home.

     If you are under 18 years old, are not married, and are pregnant or a parent yourself, you can be denied assistance if you refuse to return home or if you are not living in an adult-supervised setting. This rule does not apply to you if you are married.

Are there any exceptions to this rule?

     There are a few narrow exceptions to the requirement that a young parent live with her parents, legal guardian or an adult relative. The exceptions include:

the minor does not have a living parent, legal guardian or adult relative, or does not know where they are, or

the parents or legal guardian will not allow the young parent to live at home, or

the minor has been the victim of "serious physical or emotional harm, sexual abuse or exploitation in the residence of the parent or guardian, or

"substantial evidence exists of imminent or serious harm" if the minor were to live with her parents or guardian.

     DSS is allowed to waive the requirement that an unmarried parent under 18 live with her parent or legal guardian if "it is in the best interests" of the minor's child. As yet, no one has defined what this exception means.

If the law says I must return home, but I am afraid to go home, can DSS force me to go home?

     You cannot be forced to return home if you were subjected to serious physical or emotional harm or sexual abuse in your parents' or guardians' home, or there is evidence of imminent or serious harm. If you tell DSS about this, DSS must grant you assistance while it investigates your claim.

What happens if DSS denies me assistance because they do not believe that I am in jeopardy if I go home?

     You are entitled to a fair hearing.

Can DSS sue my parents for support if I am given public assistance?

     Yes. Because your parents are financially responsible for you until age 21, DSS can sue them in Family Court for support if you are given assistance. DSS does not file a suit in every case.

     If DSS decides to sue your parents, you must cooperate unless you fear for your safety. If you fear for your safety, you must tell DSS why. You cannot be denied assistance while DSS sues your parents.

Do I have to take part in employment if I am given assistance?

      Yes, unless you are exempt. If you are under 16 or under age 19 and in secondary, vocational, or technical school full time, you are exempt from work requirements. You are also exempt if you are:

            - ill or disabled
            - have a child under 3 months old
            - if you are a caretaker of an ill or disabled member of household
            - if you can prove there is no available child care
            - if you are more than 8 months pregnant

Can minors who do not have a high school diploma or a GED be required to attend school to get welfare?

     Yes. Public assistance will not be given to unmarried parents under 18 (with a child 12 weeks or older) who do not have high school diplomas or general equivalency diplomas unless they are attending school.

     All other minors, 16 and over, can be required to attend school as part of workfare.

As a minor, what public assistance will I receive?

     You will receive the same benefits an adult receives. Depending on your circumstances, this could include a shelter allowance, a cash grant, Medicaid, and Food Stamps.

As a minor, can I have a public assistance case in my own name?

     Minors who are 16 years old or older can have a public assistance case opened in their own name, even though, in most cases, they must live at home. Minors under the age of 16 need a representative payee.

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