NC - Shaniya Davis, 5, Fayetteville, 10 Nov 2009 - Allegedly sold by mother #24

[panthera]

If she was receiving public assistance and he was paying shild support, the child support would go to the county, not to her. She might get a little of the money above her assistance.

If she is receiving public assistance, she would have to identify the father. The govt is not going to just let the taxpayer pay. They are going to try to get the father to pay.

If she has been receiving assistance, she has a 5 year limit to receive assistance. Then sanctions start setting in. She would have to get a job or her assistance would be cut off.

(bolding mine)

Coincidence then that Shaniya was 5 and AD just got a job? :waitasec:

 

[lbminnesota]

Assuming the article is correct and he was already paying child support to AD for Shaniya, it makes more sense that he'd allow AD to take care of her. MOO

There were two court filings - one from grandparents and one from GF in Florida. I'd assume that is the three children (two minors with grandparents are C &C).

 

[not_my_kids]

If she was receiving public assistance and he was paying shild support, the child support would go to the county, not to her. She might get a little of the money above her assistance.

If she is receiving public assistance, she would have to identify the father. The govt is not going to just let the taxpayer pay. They are going to try to get the father to pay.

If she has been receiving assistance, she has a 5 year limit to receive assistance. Then sanctions start setting in. She would have to get a job or her assistance would be cut off.

Does NC cap children's benefits? Most states don't. They keep paying for minor children, but cut the adults off.

 

[momof2boys]

If she was receiving public assistance and he was paying shild support, the child support would go to the county, not to her. She might get a little of the money above her assistance.

If she is receiving public assistance, she would have to identify the father. The govt is not going to just let the taxpayer pay. They are going to try to get the father to pay.

If she has been receiving assistance, she has a 5 year limit to receive assistance. Then sanctions start setting in. She would have to get a job or her assistance would be cut off.

You are correct that she would have to identify the father but I think in this case she has not received assitance for her since he has basically took care of her since age 1. I think that Aunt Carey is the one that has been getting the assistance. If BL gave her guardianship then and since AC is not the biological mom she would automatically be eligible for medicaid as long as she was living with AC. The 5 year limit thing is not right. In NC they went to work first 7 years ago and you must be trying to work at least PT for you to be eligible for benefits unless you are disabled.

 

[kiki the parrot]

Btw for anyone else interested... chances are Shaniya's older 7 yr-old bro was probably placed w NC DSS (DHHS) foster care (vs private). I've been unable to speak w anyone by phone to even confirm this much (if so I was hoping they might agree to forward a gift to him) so sent an email and awaiting reply. Might be next week tho at this point. Will let you know if I hear back, if they're the agency (in all likelihood) their privacy/confidentiality laws may very well prevent them from accepting--as to do so is an effective acknowledgement of placement. Am just going on the chance it might be them--and that they might allow it.

arrot:

 

[kiki the parrot]

I mostly just pray he's in a stable home now w a loving family, that may one day adopt, who knows. Doesn't sound like dad's stepping up... and he's lost pretty much everything else in his little world.

arrot:

 

[not_my_kids]

2. Work: Shortening the length of time that families are on Work First Family Assistance by making work mandatory and by limiting how long a family can receive cash assistance.

To receive Work First Family Assistance benefits, parents must register with the First Stop Employment Assistance Program, sign a Mutual Responsibility Agreement (MRA) and, once they move into the work components of the program, they can continue to receive benefits for up to 24 months. In most cases, families who have reached the 24-month limit cannot receive Work First Family Assistance for three years.
http://www.dhhs.state.nc.us/dss/workfirst/index.htm

But, for food stamps only
Some individuals are required to participate in Food and Nutrition Services work programs, such as Employment and Training and Workfare. These individuals must meet special work requirements. Able-bodied adults between 18 and 49 who do not have any dependent children can get benefits only for 3 months in a 36-month period if they do not work or participate in a Workfare or Employment and Training program other than job search. Other members of the household may continue to get benefits even if this person is not eligible. In some locations, this requirement does not apply.

This limited eligibility requirement does not apply if the adult:

Works 20 hours a week (or 80 hours a month), or is engaging in a variety of allowable work-related activities for the same amount of time (such as Employment and Training, WIA, etc.), or
Is pregnant or disabled, or
Lives in a home where a child under the age of 18 resides.
In addition, adults in certain economically distressed counties are exempt from this requirement.
http://www.ncdhhs.gov/dss/foodstamp/index.htm

With a family size of 3, she would have been getting $526 a month in food stamps, with no need to do anything for it, as long as she had a child in the home.
And if she was working more than 20 hours, the Work First money would have been rolling in too.

I found this interesting, even though we don't know for a fact that she was on welfare, or to what extent, if she was.

 

[momof2boys]

The birth certificate is still a big if, I don't see any indication that he wouldn't be on it. In fact, if AD really was getting child support for Shaniya, then he has to be listed as her father somewhere.

If he was paying child support and his name was not on the birth certificate then they would amend it once child support was set in court. I dont think he was paying support for shaniya since he has her with him since she was a little over a year and only visited mom ever once in awhile.

 

[momof2boys]

2. Work: Shortening the length of time that families are on Work First Family Assistance by making work mandatory and by limiting how long a family can receive cash assistance.

To receive Work First Family Assistance benefits, parents must register with the First Stop Employment Assistance Program, sign a Mutual Responsibility Agreement (MRA) and, once they move into the work components of the program, they can continue to receive benefits for up to 24 months. In most cases, families who have reached the 24-month limit cannot receive Work First Family Assistance for three years.
http://www.dhhs.state.nc.us/dss/workfirst/index.htm

But, for food stamps only
Some individuals are required to participate in Food and Nutrition Services work programs, such as Employment and Training and Workfare. These individuals must meet special work requirements. Able-bodied adults between 18 and 49 who do not have any dependent children can get benefits only for 3 months in a 36-month period if they do not work or participate in a Workfare or Employment and Training program other than job search. Other members of the household may continue to get benefits even if this person is not eligible. In some locations, this requirement does not apply.

This limited eligibility requirement does not apply if the adult:

Works 20 hours a week (or 80 hours a month), or is engaging in a variety of allowable work-related activities for the same amount of time (such as Employment and Training, WIA, etc.), or
Is pregnant or disabled, or
Lives in a home where a child under the age of 18 resides.
In addition, adults in certain economically distressed counties are exempt from this requirement.
http://www.ncdhhs.gov/dss/foodstamp/index.htm

With a family size of 3, she would have been getting $526 a month in food stamps, with no need to do anything for it, as long as she had a child in the home.
And if she was working more than 20 hours, the Work First money would have been rolling in too.

I found this interesting, even though we don't know for a fact that she was on welfare, or to what extent, if she was.

Yes that was what I was talking about.

 

[adtwah]

Not as coarse and cheap as human trafficker and child prost. pimp.
That's what the state says she is.

I don't see why the one night stand comment is that big of a deal under these circumstances. IMO

No, it's not as coarse and cheap as human trafficking, but I feel Brad's statement that AD was a "one-night-stand" is tactless to say the least. Some things are better left unsaid. It's been suggested he made that statement to distance himself from AD, but I don't think he's doing himself any favors. I don't think much of someone who goes on TV talking about one-night stands, but that's just me. Yet there's no doubt BL is a very godly man, and of course that makes all the difference in the world. JMO.

 

[panthera]

I mostly just pray he's in a stable home now w a loving family, that may one day adopt, who knows. Doesn't sound like dad's stepping up... and he's lost pretty much everything else in his little world.

arrot:

I feel very sorry for the little boy too, and I'm also praying he's with a loving foster family right now. rayer:

 

[momof2boys]

Btw for anyone else interested... chances are Shaniya's older 7 yr-old bro was probably placed w NC DSS (DHHS) foster care (vs private). I've been unable to speak w anyone by phone to even confirm this much (if so I was hoping they might agree to forward a gift to him) so sent an email and awaiting reply. Might be next week tho at this point. Will let you know if I hear back, if they're the agency (in all likelihood) their privacy/confidentiality laws may very well prevent them from accepting--as to do so is an effective acknowledgement of placement. Am just going on the chance it might be them--and that they might allow it.

arrot:

I hope that he has been placed in a loving home as well. Do you think that he might of got placed within the family like grandma,cousin, aunt... they normally place kids with other family members when available that is what I thought.

 

[panthera]

If he was paying child support and his name was not on the birth certificate then they would amend it once child support was set in court. I dont think he was paying support for shaniya since he has her with him since she was a little over a year and only visited mom ever once in awhile.

Even though I posted a link to the article, I'm doubting it for the same reason. Why would he pay her and at the same time be the one who was caring for Shaniya? Or if he did pay anything, it seems it wasn't a formalized amount or there would've been a custody agreement, imo. MOO

 

[kiki the parrot]

"He said he knew she wasn't supposed to be over there, but he wanted to give her biological mother a chance," Allen said. On Oct. 3, Lockhart left town, Allen said, returning the day Shaniya went missing.

The more I think about this--and having learned now that prior DFS investigation concerned more than the 7 year-old sibling--the more I wonder if it hadn't been expressly prohibited by DFS, that at least Shaniya was legally not supposed to be there due to previous problems.

Could BL have violated an actual order of the court or something by even leaving Shaniya there? Is that why the attorney? Sorry I'm slow :snail:

http://www.fayobserver.com/Articles/2009/11/18/953110


arrot:

 

[everyoneneedsavoice]

If he was paying child support and his name was not on the birth certificate then they would amend it once child support was set in court. I dont think he was paying support for shaniya since he has her with him since she was a little over a year and only visited mom ever once in awhile.

Maybe in NC but I know for a fact that in my state that is not required. My son's father is not listed on BC (no, he wasn't a one night stand) it was just my preference...anyway, he's paid child support through the state since month 1 and to this day still is not listed on BC. He even took me to court in an attempt to get himself added, when his child support was modified and they told him that he would have to pursue that elsewhere - not part of child support hearing / cases. FWIW it hasn't mattered at all, he still has to cover his health benefits, etc. and BTW his dad is active duty military.

so...from my experience naming father on BC doesn't automatically include or exclude any benefits to the child.

 

[lbminnesota]

Yes that was what I was talking about.

We know she was living in public housing and was evicted. That is public assistance - much harder to qualify if you have child support for one. IMO - he wasn't paying child support. That's why the police had to go to the school to look at their records.

 

[everyoneneedsavoice]

"He said he knew she wasn't supposed to be over there, but he wanted to give her biological mother a chance," Allen said. On Oct. 3, Lockhart left town, Allen said, returning the day Shaniya went missing.

The more I think about this--and having heard that the prior DFS investigation concerned more than the 7 year-old sibling--the more I wonder if it hadn't been expressly prohibited by DFS, that Shaniya was legally not supposed to be there because of previous problems.

Could BL have violated an actual order of the court or something by even leaving Shaniya there? Is that why the attorney? Sorry if I'm slow :snail:

arrot:

Not sure what you're asking me or if you quoted the wrong post??? Maybe just used my quoted post to lead your question...but, I posted this in response to another poster re: child support.

eta: in reference to BL violating an order, I won't speculate on that as the only facts we have is that there was no formal custody agreement. http://abclocal.go.com/wtvd/story?section=news/local&id=7129274

 

[human]

Food stamps is a different program. Cash assisance is what people would call the "welfare check". There is a federal 5 year limit on that. You have to be looking for a job 40 hours a week or enrolled in school.

If you have a baby, there is a one year lifetime waiver from looking for work. But it counts for your 5 years. If you take the waiver, you have 4 more years.

If you arene't looking for work and you don't get a job, the cash assistance ends.

You can get food stamps and other programs, but no cash. It's over for you in the US of A. President Clinton signed this into law whe he was Pres.

I'm not sure of all of the rules of sanctions, but they start deducting a little each month until you are to zero cash assistance.

There is no "welfare check" when your time is up. Food stamps, fuel assisstance, medical assisstance,yes. But no check.

What was AD living on? She had a parttime job for only a few months. I suppose she could live with friends and relatives for awhile. I suppose she got food stamps to help with food.

Aunt Carey would be eligible for nothing from BL. BL's income would disqualify him from receiving any govt. assistance. You don't get to have his house and a beemer and get assistance. Anything Aunt Cary got would be from BL himself or if she qualified her ownself under her income.

I don't care what state you are in. They ask you to name the father if you get assistance. Public assistance. The taxpayer is paying. States DO NOT allow that. They want the parents to pay, if they can. No free ride.

 

[GetSmart]

I am not so sure AD's little boy went in foster care. I am sure the system is stressed. It would seem maybe they would try to place him with family.
Just thinking out loud

 

[KivaSupporter]

Maybe in NC but I know for a fact that in my state that is not required. My son's father is not listed on BC (no, he wasn't a one night stand) it was just my preference...anyway, he's paid child support through the state since month 1 and to this day still is not listed on BC. He even took me to court in an attempt to get himself added, when his child support was modified and they told him that he would have to pursue that elsewhere - not part of child support hearing / cases. FWIW it hasn't mattered at all, he still has to cover his health benefits, etc. and BTW his dad is active duty military.

so...from my experience naming father on BC doesn't automatically include or exclude any benefits to the child.

He sounds like a decent and honest guy. Blessings to you all.

And especially to our military!!! We appreciate their sacrifices. I speak for myself and many of my friends and acquaintances.

:clap: