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-IR- Database: Indiana Register

TITLE 470 DIVISION OF FAMILY RESOURCES

Final Rule
LSA Document #08-203(F)

DIGEST

Amends 470 IAC 10.3-2-1 to allow the Division of Family Resources to accept electronic signatures. Amends 470 IAC 10.3-2-3 to allow the Division of Family Resources to conduct the reinvestigation interview of eligibility for the Temporary Assistance for Needy Families (TANF) Cash Assistance Program and Medicaid by mail, by phone, or in person. Amends 470 IAC 10.3-10-1 to exempt adults caring for a disabled household member from the TANF IMPACT program. Effective 30 days after filing with the Publisher.



SECTION 1. 470 IAC 10.3-2-1 IS AMENDED TO READ AS FOLLOWS:

470 IAC 10.3-2-1 Date of application

Authority: IC 12-13
Affected: IC 12-14-1-2


Sec. 1. (a) For the purpose of determining when notice of the decision to grant or deny assistance must be mailed to an applicant for TANF assistance, the date of application is the date on which the signed application is received by the division or the division's designee.

(b) The division will accept an application for cash assistance signed with an electronic signature.
(Division of Family Resources; 470 IAC 10.3-2-1; filed Oct 31, 2007, 9:57 a.m.: 20071128-IR-470070087FRA; filed Apr 3, 2009, 2:14 p.m.: 20090429-IR-470080203FRA)


SECTION 2. 470 IAC 10.3-2-3 IS AMENDED TO READ AS FOLLOWS:

470 IAC 10.3-2-3 Investigations

Authority: IC 12-13; IC 12-14-28-7
Affected: IC 12-14-1-6


Sec. 3. (a) A representative of the applicant or recipient assistance group shall be interviewed by the division or designee at the time of the initial investigation and at each semiannual reinvestigation of eligibility. The initial investigation interview may be conducted:
(1) in the division office;
(2) at a home visit;
(3) by telephone; or
(4) at a community location designated by the division or designee.

(b) A representative of the applicant or recipient assistance group shall participate in any interview or The reinvestigation required under subsection (a) may be conducted:
(1) in the division office;
(2) at a home visit;
(3) by telephone;
(4) by mail; or
(5) at a community location designated by the division or designee.

(c) The division shall approve or deny the application within thirty (30) days of the date of application.
(Division of Family Resources; 470 IAC 10.3-2-3; filed Oct 31, 2007, 9:57 a.m.: 20071128-IR-470070087FRA; filed Apr 3, 2009, 2:14 p.m.: 20090429-IR-470080203FRA)


SECTION 3. 470 IAC 10.3-10-1 IS AMENDED TO READ AS FOLLOWS:

470 IAC 10.3-10-1 Applicant and recipient IMPACT responsibilities

Authority: IC 12-13; IC 12-14-28-7
Affected: IC 12-14-5


Sec. 1. (a) The requirements of this rule apply to the TANF assistance program.

(b) The IMPACT program provides the following employment and training activities:
(1) Employment services, including the following:
(A) Job search.
(B) Job placement.
(C) Job development.
(D) On-the-job training.
(E) Community work experience.
(F) Other work programs.
(2) Training activities, including the following:
(A) Job skills assessment.
(B) Adult basic education.
(C) High school completion.
(D) Vocational and other job skills training.
Training and education beyond high school is limited to twelve (12) months. Educational placement is to emphasize vocational skills in a course of study that has the greatest possibility for job placement immediately upon completion. Educational placement must be consistent with the comprehensive assessment completed on the recipient.

(c) The IMPACT program shall be operational statewide.

(d) All:
(1) applicants for; and
(2) recipients of;
TANF assistance must comply with the requirements of this section.

(e) Unless exempted under subsection (f), the following participating members of a TANF assistance group are required to participate in the IMPACT program:
(1) Caretaker relatives.
(2) Individuals who are at least sixteen (16) years of age.

(f) The following are exempt from participating in the IMPACT program:
(1) Individuals under sixteen (16) years of age.
(2) Individuals in their third trimester of pregnancy.
(3) Individuals responsible for the care for a child under twelve (12) weeks of age.
(4) Individuals receiving:
(A) Supplemental Security Income (SSI);
(B) Social Security Disability Assistance (SSDA); or
(C) other assistance due to disability.
(5) Individuals eligible for Medicaid for the disabled or blind.
(6) Individuals in the SSI application process.
(7) Individuals sixteen (16) or seventeen (17) years of age who are:
(A) full-time students, as defined by the school, attending secondary or elementary school; and
(B) not a minor parent TANF head of household.
(8) Individuals at least sixty (60) years of age.
(9) Individuals required in the home to care for an incapacitated or disabled household member.

(g) All applicants of TANF assistance who are required to participate will be:
(1) referred to IMPACT; and
(2) required to participate in:
(A) orientation;
(B) assessment; and
(C) job search;
activities as a condition of eligibility.

(h) All recipients of TANF assistance who are required to participate in the IMPACT program will be referred to IMPACT. IMPACT participants will be considered for placement in an appropriate employment or training activity with an emphasis on immediate job placement, which may be complemented by education or training, consistent with the comprehensive assessment of the recipient.

(i) The following actions constitute failure to cooperate with any of the TANF assistance program provisions administered through IMPACT:
(1) Failure to:
(A) attend orientation or an assessment interview; or
(B) go to a job interview.
(2) Voluntary termination of employment without the prior approval of the division or designee.
(3) Refusal to accept employment.
(4) Voluntary reduction of employment hours without the prior approval of the division or designee.
(5) Refusal to cooperate with any employment or training agency whose services are included on an individual's employability plan.
(6) Failure to attend seventy-five percent (75%) of the scheduled hours for any activity.
(7) Termination of employment by the employer, because of disciplinary reasons, for example, firing for good cause.
(8) Failure to cooperate or accept employment.

(j) An individual's failure to cooperate is considered to have ceased when the participant:
(1) accepts employment of at least thirty (30) hours per week at minimum wage; or
(2) agrees to participate in the program by completing the assigned activity or attending the assigned activity for two (2) weeks.

(k) An individual may be temporarily excused from activities with good cause. Good cause for failure to cooperate with any of the TANF assistance program provisions administered through IMPACT shall be limited to the following reasons:
(1) The required actions were beyond the capability of the individual to perform.
(2) The agency did not provide the services needed by the individual to perform the required actions.

(l) Participants who fail to cooperate will be subject to the program penalties specified in 470 IAC 10.3-8-3.

(m) All IMPACT participants will be notified of their rights to a hearing when aggrieved by any action resulting from the IMPACT provisions in accordance with 470 IAC 10.3-11-1.
(Division of Family Resources; 470 IAC 10.3-10-1; filed Oct 31, 2007, 9:57 a.m.: 20071128-IR-470070087FRA; errata filed Feb 4, 2008, 10:26 a.m.: 20080213-IR-470070087ACA; filed Apr 3, 2009, 2:14 p.m.: 20090429-IR-470080203FRA)


LSA Document #08-203(F)
Notice of Intent: 20080326-IR-470080203NIA
Proposed Rule: 20081217-IR-470080203PRA
Hearing Held: January 8, 2009
Approved by Attorney General: March 24, 2009
Approved by Governor: April 3, 2009
Filed with Publisher: April 3, 2009, 2:14 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: James Dunn, TANF/IMPACT Program Manager, Indiana Government Center South, 402 West Washington Street, Room W363 MS09, Indianapolis, IN 46204, (317) 232-4908, james.dunn@fssa.in.gov

Posted: 04/29/2009 by Legislative Services Agency

DIN: 20090429-IR-470080203FRA
Composed: Mar 28,2024 4:04:33PM EDT
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