THE DANDELION CONNECTION
Ellicott Square Building., 295 Main Street Room 495, Buffalo, New York 14203
Volume 6 Issue 2      (716) 847-0655 ext. 226      March/April 1998
Copyright 1998, Neighborhood Legal Services, Inc.

in this issue...
Minors & Public Assistance
Alert - Medicaid is No Longer Automatic
What you Need to Know about Your Utility Bill once You are off PA
Car Repair
Health Watch - Women and Prescription Drug Dependency
Dandelion is Reorganizing

MINORS and
PUBLIC ASSISTANCE

DUTY OF MINORS TO LIVE AT HOME

     SINGLES: Individuals who are between 18 and 21, are not married, and are not pregnant or a parent themselves, can be denied welfare because they refuse to return home if their parents offer to support them in their home.

     PARENTS: Individuals who are between 18 and 21 years old, are not married, and are pregnant or a parent themselves, cannot be denied public assistance because they refuse to return home.

     TEEN PARENTS: Minors who are under 18 years old, are not married, and are pregnant or a parent themselves, can be denied assistance if they refuse to return home or if they are not living in an adult-supervised setting. This rule does not apply if they are married.

     There are a few narrow exceptions to the requirement that a minor (under 18) parent live with her parents, legal guardian or an adult relative. The exceptions include:

• the minor has no living parent, legal guardian or adult relative, or does not know where they are, or

• the parents, legal guardian or other adult relative will not allow the minor or the minor’s child to live at home, or

• the minor or the minor’s child has been the victim of "serious physical or emotional harm, sexual abuse or exploitation in the residence of the parent, guardian or adult relative," or

• "substantial evidence exists of imminent or serious harm" if the minor or the minor’s child were to live with her parents, guardian or adult relative, or

• it is in the best interest of the minor’s child not to live in the home of the minor’s parent, legal guardian or other adult relative. Determining best interest is left to DSS on a case by case basis.

If a minor parent and her child are exempt from the requirement to live with a parent, guardian or adult relative, and unless the minor parent’s current living arrangement is appropriate, the district must locate or assist the minor parent in locating an adult-supervised supportive living arrangement for the minor and her child.

     The Department of Social Services (DSS) will take into consideration such factors as:

• the minor parent’s involvement in educational activities

• availability of child care for educational purposes

• the minor parent’s ability to manage the grant

• other persons living with the minor parent.

     If DSS decides that the minor parent’s current living arrangement is not appropriate, DSS may offer a different appropriate arrangement. If no appropriate arrangement exists, DSS will REQUIRE that the minor parent live in an adult supervised supportive living arrangement. Only when the minor parent refuses to live in the adult supervised arrangement can DSS deny assistance.

These include, but are not limited to:

• Maternity homes

• Second chance homes

     The grant should be paid to the adult in an adult supervised arrangement if possible.

     A minor cannot be forced to return home if she was subjected to serious physical or emotional harm or sexual abuse in her parent’s or guardian’s home, or if there is evidence of imminent or serious harm. If the minor tells her worker about this, DSS must grant her assistance while it investigates her claim. DSS can explore the possibility of the minor living in an adult-supervised living arrangement and can deny assistance if she will not go. If DSS finds the minor’s allegations were not true, the minor, but NOT her child, may be denied assistance.

     If the minor is denied assistance because she refuses to return home, she is entitled to a fair hearing. However, because her parents are financially responsible for her until age 21, DSS can sue them in Family Court for support if she is given assistance. DSS does not file a suit in every case.

     If DSS decides to sue a minor's parents, the minor must cooperate unless she fears for her safety. If she fears for her safety, she must tell DSS why. A minor cannot be denied assistance while DSS sues her parents.

     Certain minors must participate in work activities unless they are exempt. If a minor is under 16 or under age 19 and in secondary, vocational, or technical school full time, the minor is exempt from work requirements. A minor is also exempt if she is:

• ill or disabled

• has a child under 3 months old

• a caretaker of an ill or disabled member of the household

• if she can prove there is no available child care

• if she is more than 8 months pregnant

     Public assistance will not be given to an unmarried parent under 18, with a child 12 weeks or older in her care, who does not have a high school diploma or a general equivalency diploma unless she is attending school. Attending school means attending high school, GED classes or "attending an alternative education or training program directly related to employment and approved by DSS."

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

     A minor will receive the same benefits an adult receives. Depending on her circumstances, this could include a shelter allowance and a cash grant.

     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.

     The requirements that minor parents live at home and participate in an educational program do not apply to the medicaid program. Medicaid cannot be denied if a teen parent does not comply with these rules.

     An applicant for public assistance is not automatically eligible for medicaid. An applicant must indicate to the worker that he/she is applying for medicaid as well as for public assistance and/or food stamps.

     The responsibility rests with the applicant.

by Dr. Cheryl Nohejl

     When we think of problems with drug dependency, we probably think of illegal drugs. For many women, however, this is not the case. The reality is that women are at a greater risk of misusing prescription drugs.

     Generally, women receive medical attention on a more regular basis than men, due to child-bearing, birth control issues, etc. Women also tend to more openly discuss emotional issues with medical professionals. The result is that women receive twice as many prescribed psychoactive drugs as men. The chance of becoming addicted to these drugs is more likely for women than men.

     Here are some suggestions to prevent a problem from happening.

• Don’t insist that your doctor prescribe medication for you. Are there any alternatives? Diet? Exercise?

• Make sure your doctor knows if you drink any alcohol. Some combinations of drugs and alcohol can be very dangerous, even life-threatening.

• Is it wise to drive while taking certain medications?

• Ask questions!

IF YOU THINK YOU ARE ADDICTED TO PRESCRIPTION DRUGS
CALL 1-800-522-5353
NYS DIVISION OF SUBSTANCE ABUSE SERVICES

     Did you ever wonder what happens to that old balance that you used to owe National Fuel or Niagara Mohawk? Well, wonder no more, that bill is waiting for you to get off of public assistance. That’s right, many unsuspecting families have gotten jobs and gone off of public assistance only to find a surprise in their mailbox when they open their first utility bill. However, there is a way to stay on top of that old utility bill so that it does not come back to haunt you.

     A large number of people on public assistance have their utilities vouchered. This means that the Department of Social Services (DSS) pays a monthly amount directly to the utility companies. Often times someone goes on voucher because they had a pending shut-off that DSS paid to prevent. Families on gas or electric voucher usually do not get a monthly bill which would show any balance or credit.

     If you are a public assistance recipient and you have a shut-off from National Fuel, you can usually get assistance from DSS. DSS, however, usually only pays a portion of the back bill. When a person goes on gas voucher National Fuel gets notification from DSS as to how they will pay and how much should be put into a suspend account. While they are on public assistance a bill is never seen by the recipient.

     Once the recipient comes off of public assistance, the suspended amount is added to the person’s active account. If they have never defaulved on a current, plus $10 per month deferred payment arrangement (payment of current bill each month, plus $10 on the old bill), they could be eligible for a payment arrangement. Unless there were changes in financial circumstances a person cannot get a Deferred Payment Arrangement (DPA) if they defaulted on one within the last 12 months. If the default occurred over 12 months ago, National Fuel can review for a new DPA.

     Niagara Mohawk works their suspend accounts in much the same way that National Fuel does. When a client goes on electric voucher, anything past the last 4 months is placed in a suspend account. This amount is added back into the active account once they come off of public assistance. The rules for obtaining a DPA are the same as the rules for National Fuel. Please remember that you can be considered in default for missing one payment on your DPA.

     You can avoid a big utility bill when coming off of public assistance and voucher by making small payments on the suspended amounts. These patments can be as low as $5.00 to $10.00 per month.

     For National Fuel you need to contact customer service at 1-800-453-3513 with your suspended account number. (If you don’t know it, you can still call and a representative can look up that information).

     For Niagara Mohawk accounts you should call 1-800-443-1837 to set up payment arrangements on a suspended account. You will be asked the day of the month you want to pay and the monthly amount you can pay. Each month Niagara Mohawk will send you a reminder letter with a payment coupon.

     It is important to avoid "utility surprises" when coming off of public assistance. By making small payments on old utility bills you can insure that you will not be strapped with a huge debt just as you are beginning a new job and starting a new life.

Getting your car repaired can be very frustrating. Here are some tips to help you get the job done well and at a reasonable cost.

• Choose a reliable repair shop recommended to you by family or friends or an independent consumer rating organization.

• Check out the repair shop’s complaint record with your state or local consumer protection office or Better Business Bureau.

• When you take the car to the shop, describe the symptoms. Don’t diagnose the problem.

• Get more than one estimate and get them in writing.

• Make it clear that work cannot begin until you have authorized it.

• Don’t authorize work without a written estimate or, if the problem can’t be diagnosed on the spot, insist that the shop contact you for your authorization once the trouble has been found.

• Don’t sign a blank repair order. Make sure the repair order reflects what you want done before you sign it.

• Is the repair covered under warranty? Follow the warranty instructions.

• Ask the shop to keep the old parts for you. This ensures that parts were really replaced.

• Get all warranties in writing.

• Most importantly, keep copies of all paperwork.

HINT: Some car manufacturers might be willing to repair certain problems without charge even though the warranty has expired. Contact the manufacturer’s zone representative or the dealer’s service department for assistance.

Dandelion of the Month

MARIA BEHAL

     I met Maria Behal last summer when she came to Project Dandelion to find out about volunteer opportunities. At the time, believe it or not, we had all the volunteers we could handle. Even so, I still tried to get approval for just one more–but it was a no go. Instead, I gave Maria a list of Community Work Experience Program (CWEP) sites and suggested that she contact those agencies on the list which might have an opening in the field of her choice. After making many phone calls and asking lots of questions, Maria ended up at Everywoman’s Opportunity Center in the position of receptionist through the CWEP program. She was able to gain the experience she needed to land the job that she has now—but it was not that easy.

     Maria came to Buffalo in 1988 looking forward to raising her children in a better environment. Maria is originally from Crown Heights, Brooklyn, one of the tougher neighborhoods in New York City. Her idea was to come here to Buffalo, get her GED and some work experience, and then move on to North Carolina. Maria did obtain her GED at the Adult Learning Center in 1989 and became certified as a bank teller. However, the thought of going to work terrified her. "I wanted to get off of public assistance, but I was too scared at the time. I thought for sure I would go off for a little while and end up back on. I did not want that to happen. I wanted to have it so together that I would not have to ever go back on again."

     When Maria initially came to my office, we discussed her options and what services there were to help her make the transition from welfare to work. We talked about child support, transitional services such as child care and medicaid, and other agencies such as the Access Center and Everywoman’s Opportunity Center (EWOC). These things eased her mind a little, but it was really her friend Esther who encouraged her. "My friend had also been on public assistance and she was now working. She let me know that it was not always easy, but that it could be done. Esther really encouraged me because I was around someone who had already gone through the same situation I was about to go through. It was good to have someone to discuss my ideas and feelings with. It took a lot of the pressure off."

     Maria was also encouraged by the women at Everywoman’s Opportunity Center. "I decided that volunteering was the best way for me to get experience. I am so glad that I did. It was so inspiring to hear how the women were taking control of their future. Hearing their stories made me want to get off of public assistance so bad that it would sometimes cause me to have anxiety. I had to pray a lot to get through those times."

     Maria now works for the law firm of Serotte, Reich, Seipp, and Kenmore as a secretary and is no longer receiving public assistance. She loves her job. Her advice to those who are afraid to enter the work force: "All you have to do is take the first step. Then little by little, the anxiety and other fears will begin to fade away. Every day was a step for me. Answering the telephone while at EWOC, dealing with other people, all took one day at a time." Maria has five children, ages 3, 6, 8, 11 & 13. One might ask, "How does she get all those kids ready for school and day care?!" Maria’s answer is, "Preparation. Preparation. Preparation."

     Maria serves as an inspiration to us here at Project Dandelion and we wish her all the best for a promising and prosperous future.

     Listening is a magnetic and strange thing, a creative force....

     The friends that listen to us are the ones we move towards, and we want to sit in their radius as though it did us good, like ultraviolet rays.....

     When we are listened to, it creates us, makes us unfold and expand. Ideas actually begin to grow in us and come to life...

     It makes people happy and free when they are listened to...

     When we listen to people, there is an alternating current, and this recharges us so that we never get tired of each other. We are constantly being recreated.....

     I just listen with affection to anyone who talks to me, to be in their shoes when they talk"

—Clark Moustakas

— Anonymous

DANDELION IS REORGANIZING!!

     Due to the recent changes in welfare reform and the high volume of calls from agencies and other individuals, we have had to reorganize our efforts to better serve the community. After March 31, 1998, Project Dandelion will no longer hold WEEKLY Tuesday meetings here at Neighborhood Legal Services. Instead meetings will be held MONTHLY on every 2^ND TUESDAY of the month in this office. During other weeks, meetings will be held at various community sites which will be announced in future newsletters.

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