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child is also present. Thus, both parents in a two-parent family are exempt from
the time limits. 50
States also are free to exempt other adults, besides parents, who live in a
household with a minor child. This includes other children age 18 and older, aunts
and uncles, and others who are part of a household with children. This is one of
the many interpretive issues USDA will not address prior to publishing final
regulations, which will take several years from now. Until then, states are free to
exempt these persons as well; quality control reviews will be conducted against
whichever interpretation the state adopts.⁵¹
In most households with children, all adults will assume some responsibility
for supervising, instructing, cleaning up after, or otherwise taking care of the chil-
dren. Even somewhat irregular babysitting duties can cut into the time available
for an adult to look for work outside of the home. Moreover, from an
administrative point of view, exempting all adults living in households with minor
children from these time limits is likely to be a major administrative simplification.
Reducing a household's food stamps because a household member has reached the
time limits inevitably would reduce the amount of food available to all members of
the household (since households, by definition, purchase and prepare food
together). 52 If a child is in a household, he or she would be harmed by the
application of the time limits to any adult in his or her household. That would be
contrary to assurances from Members of Congress involved in developing this
provision that children would not be harmed.
Another issue on which USDA also has said that "State agencies may use
their best judgment" is whether to grant an exemption to persons with shared
custody of a child or where a child is temporarily out of the household. 53 USDA
also has allowed states to set their own policy on how old a "dependent child" may
be.⁵⁴ Since the statute does not limit this term to a "minor child," states are free to
⁵⁰Memorandum of October 17, 1996, from Arthur T. Foley, Director of the Program Development Division for the
Food Stamp Program in USDA's Food and Consumer Service (FCS) to FCS Regional Administrators, page 4.
Memo of Arthur T. Foley, Director, Program Development Division, Food Stamp Program, FCS, USDA, p. 7
(September 30, 1996).
527 U.S.C. § 2012(i); 7 C.F.R. § 273.1(a)(1)(iii).
53 Memo of Arthur T. Foley, Director, Program Development Division, Food Stamp Program, FCS, USDA, pp. 7-8
(November 12, 1996).
⁵⁴Memo of Arthur T. Foley, Director, Program Development Division, Food Stamp Program, FCS, USDA, pp. 7-8
(November 12, 1996).
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"ocrText": "18\nchild is also present. Thus, both parents in a two-parent family are exempt from\nthe time limits. 50\nStates also are free to exempt other adults, besides parents, who live in a\nhousehold with a minor child. This includes other children age 18 and older, aunts\nand uncles, and others who are part of a household with children. This is one of\nthe many interpretive issues USDA will not address prior to publishing final\nregulations, which will take several years from now. Until then, states are free to\nexempt these persons as well; quality control reviews will be conducted against\nwhichever interpretation the state adopts.⁵¹\nIn most households with children, all adults will assume some responsibility\nfor supervising, instructing, cleaning up after, or otherwise taking care of the chil-\ndren. Even somewhat irregular babysitting duties can cut into the time available\nfor an adult to look for work outside of the home. Moreover, from an\nadministrative point of view, exempting all adults living in households with minor\nchildren from these time limits is likely to be a major administrative simplification.\nReducing a household's food stamps because a household member has reached the\ntime limits inevitably would reduce the amount of food available to all members of\nthe household (since households, by definition, purchase and prepare food\ntogether). 52 If a child is in a household, he or she would be harmed by the\napplication of the time limits to any adult in his or her household. That would be\ncontrary to assurances from Members of Congress involved in developing this\nprovision that children would not be harmed.\nAnother issue on which USDA also has said that \"State agencies may use\ntheir best judgment\" is whether to grant an exemption to persons with shared\ncustody of a child or where a child is temporarily out of the household. 53 USDA\nalso has allowed states to set their own policy on how old a \"dependent child\" may\nbe.⁵⁴ Since the statute does not limit this term to a \"minor child,\" states are free to\n⁵⁰Memorandum of October 17, 1996, from Arthur T. Foley, Director of the Program Development Division for the\nFood Stamp Program in USDA's Food and Consumer Service (FCS) to FCS Regional Administrators, page 4.\nMemo of Arthur T. Foley, Director, Program Development Division, Food Stamp Program, FCS, USDA, p. 7\n(September 30, 1996).\n527 U.S.C. § 2012(i); 7 C.F.R. § 273.1(a)(1)(iii).\n53 Memo of Arthur T. Foley, Director, Program Development Division, Food Stamp Program, FCS, USDA, pp. 7-8\n(November 12, 1996).\n⁵⁴Memo of Arthur T. Foley, Director, Program Development Division, Food Stamp Program, FCS, USDA, pp. 7-8\n(November 12, 1996)."
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