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ROSE E. BARR v. COMMONWEALTH PENNSYLVANIA (10/15/81)

decided: October 15, 1981.

ROSE E. BARR, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in the case of Rose E. Barr, dated June 17, 1980.

COUNSEL

John P. Bogdanovicz, for petitioner.

Jason W. Manne, Assistant Attorney General, for respondent.

Judges Mencer, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 62 Pa. Commw. Page 212]

Rose E. Barr (petitioner) has appealed from an order of the Department of Public Welfare (Department) which affirmed the decision of the Blair County

[ 62 Pa. Commw. Page 213]

Assistance Office (CAO) denying petitioner an increase in public assistance for her second unborn child. We affirm.

Pursuant to Department regulations, the CAO granted petitioner an increase in her public assistance allowance upon verification of her pregnancy. On March 26, 1980, petitioner notified the CAO that she was expecting twin children and requested a further increase in her Aid to Families with Dependent Children (AFDC) grant to accommodate the needs of the second unborn child. The CAO denied the request and, after a hearing, the Department affirmed the decision of the CAO. This appeal followed.

Although a state is not required to provide public assistance benefits to pregnant women for their unborn children in order to qualify for federal financial aid under the AFDC program,*fn1 Burns v. Alcala, 420 U.S. 575 (1975), it is afforded the option of making such assistance available.*fn2 Pennsylvania, through its Department of Public Welfare, has elected to provide AFDC assistance to unborn children by implementing Section 145.43(b) of the Public Assistance Eligibility Manual (PAEM), 55 Pa. Code ยง 145.43(b), which states as follows:

(b) AFDC eligibility conditions for unborn children. The following will constitute the AFDC eligibility conditions for unborn children:

(1) An unborn child will be considered an AFDC child if the following two conditions are met:

(i) The circumstances of the parent or parents are such that the child, if born, would ...


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