ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, August 13, 1996 TAG: 9608130090
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: LESLIE TAYLOR STAFF WRITER
The federal government has given ironclad permission for Virginia to enforce a policy that denies welfare benefits to women who cannot identify the fathers of their children.
Virginia had asked the U.S. Department of Health and Human Services to formally approve the policy through a waiver from federal welfare regulations. The state's request came after it was slapped with a lawsuit by two anonymous women - one in Christiansburg and another in Smyth County - who lost or were turned down for welfare benefits because they couldn't identify the fathers of their children.
Their lawsuit contends that the policy violates a federal regulation that requires applicants and recipients of Aid to Families with Dependent Children - the nation's primary form of welfare - to "cooperate" in identifying the fathers of their children. The regulation defines "cooperate" as "attesting to lack of information, under penalty of perjury."
Virginia changed its paternity identification policy a year ago as part of its plan to overhaul welfare. Under the old policy, an applicant or recipient of AFDC was required to cooperate by providing all available information on the father's identity. A recipient wasn't sanctioned with denial or termination of benefits if she couldn't provide all of that information.
Under the new policy, cooperation is defined as requiring an AFDC applicant or recipient to provide the first and last name of the child's father or all individuals with whom the mother had sexual intercourse who may be the child's father, and additional information such as Social Security number, driver's license number and places of social contact.
Failure to provide that information is interpreted as "noncooperation" and results in benefit denial, reduction or termination.
A year ago, Virginia received a waiver from the federal government to put its welfare-to-work plan in place. The plan included the paternity identification policy.
Whether that waiver covered the policy was in question. The state wanted assurance from the federal government, once the lawsuit was filed.
At a June court hearing in Charlottesville, U.S. District Judge James Michael Jr., who is presiding over the case, expressed concern that Virginia's policy conflicted with federal regulation.
"This takes care of the issue that concerned the judge so much," said Elizabeth Riopelle, an assistant attorney general.
"Our position was that what [the state] was doing didn't violate federal regulations. The waiver clears up that issue by saying we don't have to follow federal regulations."
One of two attorneys representing the welfare recipients said he wasn't sure how to interpret the waiver.
"One of our arguments against the policy was that it was not consistent with federal regulations," said Edward Wayland, who, with the Virginia Poverty Law Center, filed the suit on the recipients' behalf.
"Virginia had not received a waiver from the regulation and was bound to follow it.
"Obviously, [the waiver approval] changes that argument."
In their lawsuit, the welfare recipients had asked Michael to issue an injunction barring the state from denying the women their benefits, certify the case as a class action and declare the policy unconstitutional.
In June, Michael issued the injunction but refused to certify the case as a class action. He has not yet ruled on the constitutional issue.
The case has not been set for trial yet.
The Christiansburg woman lost a portion of her benefits because she could not identify the father of her 6-year-old son. She told social services workers that she believed the father was a man named "Mark" with whom she had a one-night stand.
The Smyth County woman's application for AFDC was turned down because she could not identify the father of her 13-year-old daughter.
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