TN 102 (06-24)

RM 10205.050 Proper Applicant is a State Agency with Legal Custody

A. State agency as proper applicant

A State agency (including State foster care and child protective service agencies, State mental institutions or hospitals, and State adoption agencies) or a State-licensed agency (including State contractors and private adoption agencies) is a proper applicant if it has legal custody of the number holder (NH) when no one higher on the priority list in RM 10205.025 exists.

B. Evidence needed for State agency to be a proper applicant

In addition to documents required for the person to whom the SSN is issued, i.e., evidence of age, identity, and U.S. citizenship or current lawful alien status (or, if not authorized to work in the U.S., evidence of a current valid nonwork need) appropriate to the type of SSN card requested, you must also obtain the following evidence from the proper applicant.

1. Proof of identity of the applicant

We must see proof of identity for the person filing the application.

A court custody document is not acceptable evidence of identity for the person filing the application or for the individual for whom the SSN is assigned.

When the State Agency employee’s State ID is used to establish relationship to the NH, the State employee ID, which is secondary evidence of identity, may also serve as evidence of identity for the State employee if they do not have available primary evidence of identity.

2. Authority to act on behalf of agency

One or more officials of the court-appointed Agency may be authorized to sign on behalf of the Agency (e.g., a welfare office supervisor can sign an application on behalf of a State administrator).

When an Agency employee files an SSN card application on behalf of an individual in the custody of that Agency, document the employee’s authority to act as an agent of the agency by asking to see either:

  • A letter signed by an Agency administrator documenting that the named Agency employee has authority to file for the NH; or

  • An employee identification (ID) card that shows that the applicant is an employee of the Agency that was granted custody as noted on the custody papers.

3. Evidence of relationship/custody/responsibility

We must see original or certified court custody documents that give a State agency, or State-licensed agency, custody of the NH. Court custody documents establish the Agency’s relationship, as well as custody and responsibility of the Agency for the individual.

We may accept a photocopy of a document or a computer printout of a record only when:

  • The agency submitting the application is the custodian of the original documents or records, and

  • The individual signing or attesting the application is an employee of the agency with custody of the record.

C. References

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RM 10205.050 - Proper Applicant is a State Agency with Legal Custody - 06/14/2024
Batch run: 06/14/2024