CHAPTER 1. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES; ELIGIBILITY AND APPLICATION FOR ASSISTANCE
IC 12-14
ARTICLE 14. FAMILY ASSISTANCE SERVICES
IC 12-14-1
Chapter 1. Temporary Assistance for Needy Families; Eligibilityand Application for Assistance
IC 12-14-1-1
Eligibility
Sec. 1. (a) Assistance under TANF shall be given to a dependentchild who otherwise qualifies for assistance if the child is living ina family home of a person who is:
(1) at least eighteen (18) years of age; and
(2) the child's relative, including:
(A) the child's mother, father, stepmother, stepfather,grandmother, or grandfather; or
(B) a relative not listed in clause (A) who has custody of thechild.
(b) A parent or relative and a dependent child of the parent orrelative are not eligible for TANF assistance when the physicalcustody of the dependent child was obtained for the purpose ofestablishing TANF eligibility.
(c) Except as provided in IC 12-14-28-3.3, a person convicted ofa felony under IC 35-43-5-7 or IC 35-48-4 is not eligible to receiveassistance under TANF for ten (10) years after the conviction.
(d) The assistance paid to a dependent child under this sectionmay not be affected by the conviction of a parent or an essentialperson of the dependent child under subsection (c).
As added by P.L.2-1992, SEC.8. Amended by P.L.46-1995, SEC.9;P.L.161-2007, SEC.12.
IC 12-14-1-1.5
Qualifications for eligible dependent child to receive assistance
Sec. 1.5. (a) This section does not apply if the:
(1) dependent child does not have a living parent or legalguardian;
(2) whereabouts of the dependent child's parent or legalguardian are unknown;
(3) dependent child lived apart from the child's parent or legalguardian for a period of at least one (1) year before either:
(A) the birth of the dependent child's child; or
(B) the dependent child's application for TANF;
(4) dependent child provides proof, and the division agrees, thatthe physical health or safety of the dependent child or a child ofthe dependent child would be jeopardized if the dependent childor a child of the dependent child resides with the dependentchild's parent, legal guardian, or adult relative; or
(5) dependent child is less than eighteen (18) years of age andis not married, but the dependent child or a child of thedependent child: (A) has been alleged or adjudicated a child in need ofservices under IC 31-34 (or IC 31-6 before its repeal); or
(B) has been placed under the wardship or guardianship ofthe county office.
(b) Except as provided in subsection (d), a dependent child whois less than eighteen (18) years of age and is:
(1) not married; or
(2) married but not residing with or receiving support from aspouse;
is entitled to assistance under TANF only if the dependent child andany children of the dependent child reside with a parent, a legalguardian, or an adult relative other than a parent or legal guardian ofthe dependent child. A legal guardian or an adult relative not listedin section 1(a)(2)(A) of this chapter must have custody of the childunder a court order.
(c) The assistance for an eligible dependent child and each childof an eligible dependent child as described in subsection (b) shall beprovided to the dependent child's parent, legal guardian, or otheradult relative based on the eligibility of the parent, legal guardian, orother adult relative to receive assistance under TANF.
(d) This subsection applies to the parent of:
(1) a dependent child who has never married and who:
(A) has a child; or
(B) is pregnant; and
(2) a dependent child who has never married and is adjudicatedto be the father of a child.
The parent of a dependent child described in subdivision (1) or (2)is financially responsible for the care of a child of the dependentchild until the dependent child becomes eighteen (18) years of age.
As added by P.L.46-1995, SEC.10. Amended by P.L.1-1997, SEC.56;P.L.161-2007, SEC.13.
IC 12-14-1-2
Application; residence of child
Sec. 2. An application for a dependent child under this articlemust be made to the county office of the county where the dependentchild resides.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.64;P.L.5-1993, SEC.77.
IC 12-14-1-3
Application; form; oath; required information; notice ofassignment of rights
Sec. 3. An application must meet the following conditions:
(1) Be in writing.
(2) Be made in the manner and upon the form required by thedivision.
(3) Be made and verified by the oath of the parent or guardianof the dependent child or another person standing in locoparentis to the dependent child. (4) Contain the age and residence of the child and anyinformation required by rules adopted under IC 4-22-2 by thedirector of the division.
(5) Contain a notice that, if the application is approved andassistance is granted, the applicant's signature on the applicationassigns the applicant's right to:
(A) accrued;
(B) present; and
(C) pending;
support payments to the agency of the state responsible foradministering Title IV-D of the federal Social Security Act.
As added by P.L.2-1992, SEC.8.
IC 12-14-1-4
Single application made for more than one child
Sec. 4. One (1) application may be made for more than one (1)child of the same family if the children reside with the same person.
As added by P.L.2-1992, SEC.8.
IC 12-14-1-5
Signature as assignment for purposes of IC 12-14-7
Sec. 5. An applicant's signature on an approved application is anassignment for purposes of IC 12-14-7.
As added by P.L.2-1992, SEC.8.
IC 12-14-1-6
Investigations
Sec. 6. (a) Whenever the county office receives:
(1) notification of the dependency of a child; or
(2) an application for assistance;
an investigation and record shall promptly be made of thecircumstances of the child to determine the dependency of the child,the facts supporting the application made under this article, and otherinformation required by rules adopted under IC 4-22-2 by thedirector of the division.
(b) The investigation may include a visit to the home of the childand the person who will have the custody of the child during the timeassistance is granted.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.65;P.L.5-1993, SEC.78.
IC 12-14-1-7
Confidentiality of TANF records; TANF information that may bedisclosed by the division
Sec. 7. (a) A record that identifies an individual who has appliedfor, or is receiving, cash assistance or supportive services under theTANF program:
(1) is confidential; and
(2) is exempt from the disclosure requirements of IC 5-14-3-3.
(b) The division may use or disclose information concerning a
TANF applicant or recipient only for purposes directly connected tothe following:
(1) The administration, including establishing eligibility,determining the amount of assistance, and providing servicesfor applicants and recipients, of a state plan or programapproved under:
(A) Title I;
(B) Title IV-A;
(C) Title IV-B;
(D) Title IV-D;
(E) Title IV-E;
(F) Title X;
(G) Title XIV;
(H) Title XV;
(I) Title XVI;
(J) Title XIX;
(K) Title XX; or
(L) Title XXI;
of the federal Social Security Act.
(2) An investigation, a prosecution, or a civil or criminalproceeding conducted concerning the administration of theTANF program or a program described in subdivision (1).
(3) The administration of any federal, state, or townshipprogram that provides assistance or services to individuals onthe basis of need.
(c) The division shall safeguard information, including thefollowing:
(1) The name and address of an applicant or a recipient.
(2) Information concerning the economic and social conditionsof an individual.
(3) The evaluation of information concerning an individual.
(4) Medical information.
As added by P.L.161-2007, SEC.14.