CHAPTER 2. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES; GRANTING OF ASSISTANCE
IC 12-14-2
Chapter 2. Temporary Assistance for Needy Families; Grantingof Assistance
IC 12-14-2-0.5
"Essential person" defined
Sec. 0.5. As used in this chapter, "essential person" means aperson other than a parent who:
(1) is the relative of a dependent child;
(2) cares for the dependent child; and
(3) complies with IC 12-14-1-1.
As added by P.L.46-1995, SEC.11.
IC 12-14-2-1
Determination of eligibility; amount of assistance and beginningdate; money in individual development accounts may not beconsidered
Sec. 1. (a) After the investigation under IC 12-14-1-6, the countyoffice shall decide the following:
(1) Whether the child is eligible for assistance under this article.
(2) The amount of assistance.
(3) The date assistance begins.
(b) The county office may not consider:
(1) money in an individual development account underIC 4-4-28 that belongs to the child or a member of the child'sfamily;
(2) five thousand dollars ($5,000) of equity value (as defined in470 IAC 10.1-3-1) in one (1) motor vehicle that belongs to amember of the child's family; or
(3) a Holocaust victim's settlement payment received by thechild or a member of the child's family;
when determining whether the child is eligible for assistance underthis article.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.66;P.L.5-1993, SEC.79; P.L.15-1997, SEC.3; P.L.126-1998, SEC.1;P.L.128-1999, SEC.9.
IC 12-14-2-2
Investigations made by division
Sec. 2. The division may make investigations as necessary andshall make a decision relative to the granting of assistance.
As added by P.L.2-1992, SEC.8.
IC 12-14-2-3
Amount of assistance; determination
Sec. 3. (a) Except as provided in subsection (b), when determiningthe amount of assistance, an accounting must be taken of any incomeor property of the child that the child may receive from anothersource.
(b) The following may not be considered as income or property of
the child when determining the amount of assistance for the child:
(1) Money in an individual development account establishedunder IC 4-4-28 that belongs to a child or a member of thechild's family.
(2) A Holocaust victim's settlement payment received by thechild or a member of the child's family.
As added by P.L.2-1992, SEC.8. Amended by P.L.15-1997, SEC.4;P.L.128-1999, SEC.10.
IC 12-14-2-4
Amount of assistance; considerations
Sec. 4. The division shall determine the amount of assistancegranted for a dependent child considering the following:
(1) The resources and necessary expenditures of the family.
(2) The conditions existing in each case and in accordance withthe rules adopted under IC 4-22-2 by the director of thedivision.
However, a Holocaust victim's settlement payment received by thechild or a member of the child's family may not be considered aresource of the family when determining the amount of assistance forthe child.
As added by P.L.2-1992, SEC.8. Amended by P.L.128-1999, SEC.11.
IC 12-14-2-5
Amount of need recognized and payment made; maximumamounts
Sec. 5. Except as provided in sections 5.1 and 5.3 of this chapter,the following apply to the amount of need recognized and paymentmade under this chapter:
(1) The total amount of need recognized and payment made fora dependent child, other than for medical expenses, for acalendar month may not exceed one hundred fifty-five dollars($155).
(2) The total amount of need recognized and payment made tothe person essential to the well-being of the dependent child,other than for medical expenses, for a calendar month may notexceed one hundred fifty-five dollars ($155).
(3) The total amount of need recognized and payment made toone (1) dependent child and to the person essential to thewell-being of the dependent child, other than for medicalexpenses, for a calendar month may not exceed two hundredfifty-five dollars ($255).
(4) If there is more than one (1) dependent child in the samehome, the total amount of need recognized and payment made,other than for medical expenses, for a calendar month may notexceed sixty-five dollars ($65) for each additional child and, ifthe second parent of the child is incapacitated and is living inthe home, the amount of need recognized and payment mademay not exceed sixty-five dollars ($65) for the benefit of theincapacitated parent.As added by P.L.2-1992, SEC.8. Amended by P.L.46-1995, SEC.12.
IC 12-14-2-5.1
Time limitations on receipt of assistance
Sec. 5.1. (a) Subject to section 5.2 of this chapter, a parent or anessential person may not receive payments if the person has receivedassistance under this article during the person's lifetime fortwenty-four (24) months after June 30, 1995.
(b) Subject to the time limits contained in subsection (a), a personwho qualifies for TANF under section 5 of this chapter remainscategorically eligible to receive TANF assistance when the personbecomes employed and the person's family's net earnings fromemployment calculated under rules adopted by the director of thedivision under IC 4-22-2, in combination with other sources offamily income, is greater than the amount of need recognized undersection 5 of this chapter, but the family's gross income is less thanone hundred percent (100%) of the federal income poverty level.
As added by P.L.46-1995, SEC.13. Amended by P.L.1-1997, SEC.57;P.L.161-2007, SEC.15.
IC 12-14-2-5.2
Employment credit
Sec. 5.2. (a) A person may earn credit for one (1) month of TANFassistance for each six (6) consecutive months the person isemployed full time. However, credit may not be earned foremployment completed before the date the person first applies forassistance under this article.
(b) To qualify for credit under subsection (a), a person mustsupply the county office with proof of the periods during which theperson was employed.
(c) A person may not retain credit for more than twenty-four (24)months of TANF assistance under this article at any time.
(d) Credit earned by one (1) member of an assistance group underthis section applies to all members of the assistance group.
As added by P.L.46-1995, SEC.14. Amended by P.L.161-2007,SEC.16.
IC 12-14-2-5.3
Payments for child born more than ten months after familyqualifies for assistance
Sec. 5.3. (a) This section does not apply to a dependent child:
(1) described in section 5.1(b)(3) or 5.1(b)(4) of this chapter;
(2) who is the firstborn of a child less than eighteen (18) yearsof age who is included in a TANF assistance group when thechild becomes a first time minor parent (including all childrenin the case of a multiple birth); or
(3) who was conceived in a month the family was not receivingTANF assistance.
(b) Except as provided in subsection (c), after July 1, 1995, anadditional payment (other than for medical expenses payable under
IC 12-15) may not be made for a dependent child who is born morethan ten (10) months after the date the family qualifies for assistanceunder this article.
(c) The division may adopt rules under IC 4-22-2 that authorizea voucher for goods and services related to child care that do notexceed one-half (1/2) of the assistance that a dependent childdescribed in subsection (b) would otherwise receive under section 5of this chapter.
(d) A dependent child described in subsection (b) is eligible forall child support enforcement services provided in IC 31-25.
(e) Families receiving TANF assistance are encouraged to receivefamily planning counseling.
As added by P.L.46-1995, SEC.15. Amended by P.L.2-1997, SEC.36;P.L.145-2006, SEC.79; P.L.161-2007, SEC.17.
IC 12-14-2-5.4
Repealed
(Repealed by P.L.161-2007, SEC.40.)
IC 12-14-2-6
Need of child; age excluded as factor
Sec. 6. Age may not be a factor in determining the need of a child.
As added by P.L.2-1992, SEC.8.
IC 12-14-2-7
Repealed
(Repealed by P.L.161-2007, SEC.40.)
IC 12-14-2-8
Repealed
(Repealed by P.L.161-2007, SEC.40.)
IC 12-14-2-9
Application of percentage reduction to total needs in computingbenefits payable
Sec. 9. The division shall apply a percentage reduction of ninetypercent (90%) to the total needs of TANF applicants and recipientsin computing the TANF benefits payable.
As added by P.L.2-1992, SEC.8. Amended by P.L.161-2007, SEC.18.
IC 12-14-2-10
Repealed
(Repealed by P.L.161-2007, SEC.40.)
IC 12-14-2-11
Compliance with awards
Sec. 11. The county office shall make an award that, including asubsequent modification, is binding and must be complied with bythe county office until the award or modified award is vacated.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.68;
P.L.5-1993, SEC.81.
IC 12-14-2-12
Notification of assistance decision
Sec. 12. The county office shall notify the applicant and thedivision of the county office's decision concerning assistance inwriting.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.69;P.L.5-1993, SEC.82.
IC 12-14-2-13
Reporting of assistance decisions
Sec. 13. The county office shall immediately report to the divisionthe decision for each application for assistance to a dependent child.
As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.70;P.L.5-1993, SEC.83.
IC 12-14-2-14
Repealed
(Repealed by P.L.273-1999, SEC.124.)
IC 12-14-2-15
Amount granted; justification; conformance with article
Sec. 15. The amount of the assistance granted must be justifiedand conform with this article.
As added by P.L.2-1992, SEC.8.
IC 12-14-2-16
Child living with relative prescribed in IC 12-7-2-58
Sec. 16. If an investigation discloses that a child is a dependentchild and the child is living or will live with at least one (1) of therelatives prescribed in IC 12-7-2-58, assistance may be allowed forthe support of the child without complying with an Indiana law otherthan this article.
As added by P.L.2-1992, SEC.8.
IC 12-14-2-17
Mandatory school attendance
Sec. 17. (a) To retain eligibility for TANF assistance under thisarticle, a recipient of TANF assistance and a dependent child who isa recipient of TANF assistance must attend school if all of thefollowing apply:
(1) The recipient or the dependent child meets the compulsoryattendance requirements under IC 20-33-2.
(2) The recipient or the dependent child has not graduated froma high school or has not obtained a high school equivalencycertificate (as defined in IC 12-14-5-2).
(3) The recipient or the dependent child is not excused fromattending school under IC 20-33-2-14 through IC 20-33-2-17.
(4) The recipient or the dependent child does not have good
cause for failing to attend school, as determined by rulesadopted by the director under IC 4-22-2.
(5) If the recipient or the dependent child is the mother of achild, a physician has not determined that the recipient or thedependent child should delay returning to school after givingbirth.
(b) A recipient or the dependent child of a recipient described insubsection (a) who has more than three (3) unexcused absencesduring a school year is subject to revocation or suspension ofassistance as provided in section 18 of this chapter.
(c) The director, in consultation with the department of education,shall adopt rules under IC 4-22-2 to establish a definition for the term"unexcused absence".
As added by P.L.46-1995, SEC.17. Amended by P.L.1-2005,SEC.130; P.L.161-2007, SEC.19.
IC 12-14-2-18
Revocation or suspension of assistance; sanctions
Sec. 18. (a) A recipient or dependent child who fails to meet therequirements of section 17 of this chapter is subject to the revocationor suspension of assistance as provided under rules adopted by thedivision.
(b) A TANF recipient or applicant who refuses to participate inan employment opportunity or a job training opportunity offered tothe recipient or applicant under IC 12-8-12 is subject to sanctionsestablished by the director under IC 12-8-12-6(2).
(c) Except in a case in which the parent, custodian, or guardian ofthe dependent child qualifies for a good cause or other exceptionprovided by statute or administrative rule, a parent, custodian, orguardian who refuses to cooperate with the Title IV-D agency asrequired by IC 12-14-7-2, IC 12-14-7-3, or IC 12-14-2-24 in:
(1) a paternity action; or
(2) the establishment or enforcement of a child support order;
is subject to sanctions or revocation or suspension of assistance asprovided under rules adopted by the division.
(d) The division may adopt rules under IC 4-22-2 to implementsubsection (c).
As added by P.L.46-1995, SEC.18. Amended by P.L.2-1997, SEC.37;P.L.161-2007, SEC.20; P.L.80-2010, SEC.16.
IC 12-14-2-19
Release of school attendance records
Sec. 19. The division may require consent to the release of schoolattendance records as a condition of eligibility to receive assistanceunder this chapter.
As added by P.L.46-1995, SEC.19.
IC 12-14-2-20
Voluntary leave of employment or reduction in hours
Sec. 20. (a) This section does not apply to a person who
voluntarily leaves an employer for any of the following reasons:
(1) The person accepted previously secured permanent full-timework with another employer that offered reasonable expectationof higher wages or better working conditions.
(2) The person left the employer due to a medicallysubstantiated physical disability and is involuntarilyunemployed after having made reasonable efforts to maintainthe employment relationship.
(3) The person left work to enter the armed forces of the UnitedStates.
(4) The person's employment was terminated under thecompulsory retirement provision of a collective bargainingagreement to which the employer is a party, or under any otherplan, system, or program, public or private, providing forcompulsory retirement.
(5) The person voluntarily left the employer, and:
(A) the person's previous employment was outside theperson's labor market;
(B) the person left to accept previously secured full-timework with an employer in the person's labor market; and
(C) the person actually became employed with the employerin the person's labor market within the area surrounding theperson's permanent residence, outside which the personcannot reasonably commute on a daily basis. In determiningwhether a person can reasonably commute under this clause,the division shall consider the nature of the person's job.
(6) The person was laid off by the employer.
(b) A person who applies for TANF assistance under this articleand:
(1) voluntarily leaves the person's most recent employer:
(A) within six (6) months before applying for TANF; or
(B) at any time after becoming a recipient of TANF underthis chapter; or
(2) voluntarily reduces the number of hours the person works inorder to qualify for or retain eligibility for assistance under thisarticle;
is ineligible to receive assistance under IC 12-14 for six (6) monthsafter leaving the person's employer or reducing the person's hours.
As added by P.L.46-1995, SEC.20. Amended by P.L.161-2007,SEC.21.
IC 12-14-2-21
Personal responsibility agreement
Sec. 21. (a) A TANF recipient or the parent or essential person ofa TANF recipient, if the TANF recipient is less than eighteen (18)years of age, must sign a personal responsibility agreement to do thefollowing:
(1) Develop an individual self-sufficiency plan with otherfamily members and a caseworker.
(2) Accept any reasonable employment as soon as it becomes
available.
(3) Agree to a loss of assistance, including TANF assistanceunder this article, if convicted of a felony under IC 35-43-5-7 orIC 35-43-5-7.1 for ten (10) years after the conviction.
(4) Subject to section 5.3 of this chapter, understand thatadditional TANF assistance under this article will not beavailable for a child born more than ten (10) months after theperson qualifies for assistance.
(5) Accept responsibility for ensuring that each child of theperson receives all appropriate vaccinations against disease atan appropriate age.
(6) If the person is less than eighteen (18) years of age and is aparent, live with the person's parents, legal guardian, or an adultrelative other than a parent or legal guardian in order to receivepublic assistance.
(7) Subject to IC 12-8-1-12 and section 5.1 of this chapter,agree to accept assistance for not more than twenty-four (24)months under the TANF program (IC 12-14).
(8) Be available for and actively seek and maintainemployment.
(9) Participate in any training program required by the division.
(10) Accept responsibility for ensuring that the person and eachchild of the person attend school until the person and each childof the person graduate from high school or attain a high schoolequivalency certificate (as defined in IC 12-14-5-2).
(11) Raise the person's children in a safe, secure home.
(12) Agree not to abuse illegal drugs or other substances thatwould interfere with the person's ability to attainself-sufficiency.
(b) Except as provided in subsection (c), assistance under theTANF program shall be withheld or denied to a person who does notfulfill the requirements of the personal responsibility agreementunder subsection (a).
(c) A person who is granted an exemption under section 23 of thischapter may be excused from specific provisions of the personalresponsibility agreement as determined by the director.
As added by P.L.46-1995, SEC.21. Amended by P.L.161-2007,SEC.22.
IC 12-14-2-22
Repealed
(Repealed by P.L.161-2007, SEC.40.)
IC 12-14-2-23
Exemptions
Sec. 23. (a) This section applies only to a person's eligibility forassistance under section 5.1 of this chapter.
(b) As used in this section, "school" means a program resulting inhigh school graduation.
(c) Due to extraordinary circumstances, a person who is the parent
of a dependent child, an essential person, or a dependent child mayapply, in a manner prescribed by the division, for an exemption fromthe requirements of this chapter if the person can document that theperson has complied with the personal responsibility agreementunder section 21 of this chapter and the person demonstrates any ofthe following:
(1) The person has a substantial physical or mental disabilitythat prevents the person from obtaining or participating ingainful employment.
(2) The person is a minor parent who is in school full time andwho has a dependent child.
(3) The person is a minor parent who is enrolled full time in aneducational program culminating in a high school equivalencycertificate and who has a dependent child.
A person seeking an exemption under this section must showdocumentation to the division to substantiate the person's claim foran exemption under subdivision (1), (2), or (3).
(d) After receiving an application for exemption from a parent, anessential person, or a dependent child under subsection (c), thedivision shall investigate and determine if the parent, essentialperson, or dependent child qualifies for an exemption from thischapter. The director shall make a final determination regarding:
(1) whether to grant an exemption;
(2) the length of an exemption, if granted, subject to subsection(f); and
(3) the extent of an exemption, if granted.
(e) If the director determines that a parent, an essential person, ora dependent child qualifies for an exemption under this chapter, theparent, essential person, or dependent child is entitled to receive onehundred percent (100%) of the payments that the parent, essentialperson, or dependent child is entitled to receive under section 5 ofthis chapter, subject to any ratable reduction.
(f) An exemption granted under this section may not exceed one(1) year, but may be renewed.
(g) The division shall send a report each quarter to the legislativecouncil and the budget committee detailing the number and type ofexemptions granted under this section. A report sent under thissubsection to the legislative council must be in an electronic formatunder IC 5-14-6.
(h) The division may adopt rules under IC 4-22-2 to carry out thissection.
As added by P.L.46-1995, SEC.23. Amended by P.L.28-2004,SEC.101.
IC 12-14-2-24
Establishing paternity required; exceptions; revocation; good faitheffort to cooperate required; presumption of good faith effort;other considerations
Sec. 24. (a) A dependent child and a parent or an essential personare not eligible for TANF assistance under this chapter unless the
mother of the dependent child:
(1) initiates a court proceeding to establish paternity, other thanan adoption proceeding, except as provided in IC 31-14-20-2;
(2) executes a paternity affidavit under IC 16-37-2-2.1; or
(3) requests, at the time of application or renewal, that the TitleIV-D agency or its agents file a paternity action underIC 31-14-4-3.
(b) A person applying for assistance under this chapter is notrequired to comply with subsection (a) if:
(1) the father of the dependent child has been charged with anact of rape, incest, or child molesting that occurred against thedependent child's mother within ten (10) months before thebirth of the dependent child;
(2) the mother of the dependent child is deceased;
(3) the division determines under rules adopted by the divisionunder IC 4-22-2 that the mother of the dependent child couldnot know the identity of the child's father;
(4) the mother of the dependent child provides proof, and thedivision agrees, that the physical health or safety of the motheror the dependent child would be jeopardized if the mothercomplies with subsection (a); or
(5) the dependent child is living in the family home of a relativeother than the mother of the child as described underIC 12-14-1-1(a) and the relative provides proof, and the divisionagrees, that the physical health or safety of the mother, relative,or dependent child would be jeopardized if the relative complieswith subsection (a).
(c) If a dependent child's mother is a party to a paternity actionfiled under IC 31-14 (or IC 31-6-6.1 before its repeal), a countyoffice shall revoke assistance under this chapter if the mother fails topursue the paternity action.
(d) The office may not delay payments otherwise owing to aprovider if the mother fails to comply with this section.
(e) Except as provided in subsection (b)(1), (b)(3), and (b)(5), ifa child is residing with a nonparent guardian or custodian, thenonparent guardian or custodian shall make a good faith effort tocooperate with a prosecuting attorney or the division by providing tothe prosecuting attorney or the division any information regardingthe potential paternity of the child.
(f) The nonparent custodian or guardian is presumed to make agood faith effort under subsection (e) if the nonparent custodian orguardian does one (1) or more of the following:
(1) Responds to telephone calls from a prosecuting attorney orcorrespondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone, witha prosecuting attorney.
(3) Appears at a court hearing when requested by a prosecutingattorney.
(4) Does one (1) or more of the following:
(A) Provides information described in IC 12-7-2-43.5(b), to
the extent the information is known.
(B) Affirms that the information described inIC 12-7-2-43.5(b) is not known.
(g) Before making a determination that the nonparent custodianor guardian is not making a good faith effort to cooperate, theprosecuting attorney shall consider one (1) or more of the following:
(1) Whether the nonparent custodian or guardian couldreasonably be expected to provide the information.
(2) The age of the child for whom child support is being sought.
(3) The circumstances surrounding the conception of the child.
(4) The age and mental capacity of the nonparent custodian orguardian.
(5) The time that has expired since the nonparent custodian orguardian has last had contact with:
(A) the alleged father of the child;
(B) a parent of the child; or
(C) a relative of the persons listed in clause (A) or (B).
(6) Any credible information that demonstrates an inability toprovide correct information about an alleged father or a parentof the child because of deception by the alleged father or parent.
(7) Any other credible information obtained by the prosecutingattorney that demonstrates the nonparent custodian or guardianhas knowledge of the information sought by the prosecutingattorney.
As added by P.L.46-1995, SEC.24. Amended by P.L.1-1997, SEC.58;P.L.161-2007, SEC.23; P.L.80-2010, SEC.17.
IC 12-14-2-25
Information on receipt of previous assistance
Sec. 25. (a) When a person applies for assistance under thischapter, the county office shall determine whether the person hasreceived assistance under the TANF program from another statewithin the past three (3) years.
(b) The county office shall require each applicant to provide proofof all addresses used by the applicant and each member of theapplicant's immediate family during the three (3) years beforecompleting the application.
(c) The county office shall contact the agency administeringTANF in any state where the applicant alleges to have lived withinthe past three (3) years to determine if the applicant has receivedassistance under the TANF program in that state.
(d) Each month of assistance the applicant has received under theTANF program from another state within the past three (3) yearscounts as one (1) month against the person's lifetime eligibility forassistance in Indiana as determined under section 5.1 of this chapter.
(e) Each county office shall provide information to another stateregarding assistance provided to a person in Indiana if the other statehas, or is willing to provide, similar information as needed to thecounty office.
As added by P.L.46-1995, SEC.25. Amended by P.L.161-2007,
SEC.24.
IC 12-14-2-26
Registration at employment and training office
Sec. 26. (a) To be eligible for assistance under this article, aparent or an essential person must register at the parent's or essentialperson's local employment and training office:
(1) when the person first applies for assistance; and
(2) each time the person reapplies for assistance.
(b) Assistance shall be denied to a person who does not complywith subsection (a).
As added by P.L.46-1995, SEC.26.