Texas Attorney General Opinion: H-585 Page: 6 of 7
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The Honorable Raymond W. Vowell, page 6 (H-585)
wi th out regard to their legal infancy or adult status if they were
eligible by federal standards. See Washington State Welfare Rights
Organization v. State, 511 P. 2d 990 (Wash. 1973); North Carolina Attorney
General Opinion (Oct. 28, 1971), reported in CCH Poverty Law Reporter,
Sec. 1205, 65 (1972).
You have been formally advised by the federal Department of Health,
Education and Welfare, we understand, that the new Texas statutes will not
affect the availability of federal aid because they have "no effect on45 CFR
233. 30 which is a definition of 'child' for the purpose of the A FDC coverage. "
Federal eligibility standards do control, and states participating in optional
programs are not permitted to deviate from them. King v. Smith, supra;
Townsend v. Swank, supra; Carleson v. Remillard, supra. If the persons
about whom you ask are eligible under federal law, then they must be con-
sidered eligible under state law in order for the state to continue participating
in the optional program.
In view of the foregoing we answer both of your questions in the negative.
Neither article 5923b, V. T. C. S., nor Family Code section 11. 01(1) preclude
the provision of AFDC benefits to persons in the categories you describe
if they remain eligible for such benefits under federal standards. In view
of the HEW posture, we need not independently examine the "duty of support'
and "judicial determination" questions.
SUMMARY
Article 5923b, V. T. C. S., and section 11. 01(1),
Texas Family Code, do not preclude the provision of
AFDC benefits to persons over the age of 18 years
but under the age of 21 years if they remain eligible
for such benefits under federal standards.
Very truly yours,
JOHN L.
Attorney General of Texasp. 2613
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-585, text, April 17, 1975; (https://texashistory.unt.edu/ark:/67531/metapth271109/m1/6/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.