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39-702. Definitions. The following words and phrases when used in this act shall, for the purposes of this act, have the meanings respectively ascribed to them in this section:

(a) "Secretary" means the secretary for children and families, unless otherwise specified.

(b) "Applicants" means all persons who, as individuals, or in whose behalf requests are made of the secretary for aid or assistance.

(c) "Social welfare service" may include such functions as giving assistance, the prevention of public dependency, and promoting the rehabilitation of dependent persons or those who are approaching public dependency.

(d) "Assistance" includes such items or functions as the giving or providing of money, food assistance, food, clothing, shelter, medicine or other materials, the giving of any service, including instructive or scientific. The definitions of social welfare service and assistance in this section shall be deemed as partially descriptive and not limiting.

(e) "Temporary assistance to needy families" means financial assistance with respect to or on behalf of a dependent child or dependent children and includes financial assistance for any month to meet the needs of the relative or qualifying caretaker with whom any dependent child is living.

(f) "Medical assistance" means the payment of all or part of the cost of necessary: (1) Medical, remedial, rehabilitative or preventive care and services that are within the scope of services to be provided under a medical care plan developed by the secretary pursuant to this act and furnished by health care providers who have a current approved provider agreement with the secretary; and (2) transportation to obtain care and services that are within the scope of services to be provided under a medical care plan developed by the secretary pursuant to this act.

(g) "Dependent children" means needy children under the age of 18, or who are under the age of 19 and are full-time students in secondary schools or the equivalent educational program who are in the care of a biological or adoptive parent, court appointed guardian, conservator or legal custodian and who are living with any relative, including first cousins, uncles, aunts, and persons of preceding generations are denoted by prefixes of grand, great, or great-great, and including the spouses or former spouses of any persons named in the above groups, in a place of residence maintained by one or more of such relatives as their own home.

(h) "The blind" means not only those who are totally and permanently devoid of vision, but also those persons whose vision is so defective as to prevent the performance of ordinary activities for which eyesight is essential.

(i) "Recipient" means a person who has received assistance under the terms of this act.

(j) "Intake office" means the place where the secretary shall maintain an office for receiving applications.

(k) "Adequate consideration" means consideration equal, or reasonably proportioned to the value of that for which it is given.

(l) "Title IV-D" means part D of title IV of the federal social security act, 42 U.S.C. § 651 et seq., as in effect on May 1, 1997.

(m) "TANF diversion assistance" means a one-time voluntary payment option in lieu of ongoing TANF assistance. The diversion payment is available to applicants who have not received TANF assistance as an adult, and is designed to meet a crisis or emergency hardship that would endanger such applicants' ability to remain employed or to accept an offer of employment. Any household that includes such recipient accepting the diversion payment is ineligible to receive on-going TANF assistance for 12 months after receipt of the diversion payment. Any recipient who receives a diversion payment is limited to 18 months of TANF cash assistance in a lifetime, unless such recipient shall meet a hardship criteria as defined by the secretary.

(n) "Non-cooperation" means the failure of the applicant or recipient to comply with all requirements provided in state and federal law, rules and regulations and agency policy.

History: L. 1937, ch. 327, § 2; L. 1951, ch. 288, § 1; L. 1953, ch. 391, § 34; L. 1955, ch. 236, § 1; L. 1957, ch. 268, § 1; L. 1963, ch. 255, § 1; L. 1967, ch. 245, § 1; L. 1969, ch. 226, § 1; L. 1973, ch. 186, § 2; L. 1978, ch. 159, § 1; L. 1981, ch. 185, § 1; L. 1983, ch. 143, § 1; L. 1997, ch. 182, § 68; L. 2015, ch. 42, § 8; L. 2016, ch. 94, § 1; July 1.

Law Review and Bar Journal References:

"Exclusionary Zoning and Its Effects on Group Homes in Areas Zoned for Single-Family Dwellings," 24 K.L.R. 677, 699 (1976).

Attorney General's Opinions:

Delinquent tax collection; poverty affidavit limiting issuance or execution of tax warrant. 91-34.

When SRS delegates administration of certain assistance to another agency, that agency is bound by the same requirements of confidentiality regarding the information concerning applicants and recipients. 2010-5.


1. Action for recovery of reasonable charges; plaintiff's class provided medical assistance under statutes. Seneca Nursing Home v. Kansas State Bd. of Social Welf., 490 F.2d 1324, 1333.

2. General assistance recipient who is VISTA worker is employed and not required to participate in work projects; general assistance may not be reduced by amount worker receives. In re McGhee, 5 Kan. App. 2d 461, 618 P.2d 859.

3. Recovery of support under K.S.A. 39-718a and 39-755 constitutional; absent parent may assert defenses before judgment. State ex rel. Secretary of SRS v. Castro, 235 Kan. 704, 709, 714, 684 P.2d 379 (1984).

4. Where father's action did not constitute continued absence, mother not entitled to AFDC. State ex rel. Secretary of S.R.S. v. Fomby, 11 Kan. App. 2d 138, 145, 146, 715 P.2d 1045 (1986).

5. Cited; theft (K.S.A. 21-3701) as independent from welfare fraud (K.S.A. 39-720), sufficiency of charge examined. State v. Micheaux, 242 Kan. 192, 200, 747 P.2d 784 (1987).

6. Liability of parents to SRS for reimbursement of birth expenses includes medical expenses; assistance construed. State ex rel. Secretary of SRS v. Cunningham, 24 Kan. App. 2d 587, 588, 948 P.2d 1140 (1997).

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