IC 12-14-28
    Chapter 28. Temporary Assistance to Needy FamiliesExpenditures

IC 12-14-28-1
"Qualifying family" defined
    Sec. 1. As used in this chapter, "qualifying family" means a familythat meets all the following conditions:
        (1) The family consists of:
            (A) a pregnant woman;
            (B) a child who is less than eighteen (18) years of age; or
            (C) a child who is at least eighteen (18) years of age but lessthan twenty-four (24) years of age who is attendingsecondary or post secondary school at least half-time.
        (2) The child described in subdivision (1)(B) or (1)(C) resideswith a custodial parent or other adult caretaker relative, whichmay include a child that may be temporarily living away fromthe custodial parent or other adult caretaker relative whileattending school.
        (3) The gross family income is less than two hundred fiftypercent (250%) of the federal poverty level.
As added by P.L.273-1999, SEC.199.

IC 12-14-28-2
Application of other expenditures
    Sec. 2. (a) The division shall use the criteria for a qualifyingfamily set forth in section 1 of this chapter to determine and apply allother state or local program expenditures by all state agencies and bypolitical subdivisions that qualify as expenditures toward Indiana'smaintenance of effort under the federal Temporary Assistance forNeedy Families (TANF) program (45 CFR 260 et seq.).
    (b) The division shall determine whether the amount ofexpenditures that it projects will be reported to the federalgovernment as Indiana's maintenance of effort under the federalTemporary Assistance for Needy Families (TANF) program (45 CFR265) will be less than necessary to avoid a reduction in the federalTANF distribution to Indiana.
As added by P.L.273-1999, SEC.199. Amended by P.L.1-2009,SEC.102.

IC 12-14-28-3
Provisions of assistance
    Sec. 3. (a) The division may provide assistance under a plan oftemporary assistance to needy families for a qualifying family.
    (b) Individuals who may receive assistance for a qualifying familymust reside with the qualifying family and include the followingindividuals:
        (1) The custodial parent or other adult caretaker relative.
        (2) The spouse of the custodial parent or other adult caretakerrelative.        (3) A child who is less than eighteen (18) years of age.
        (4) A child who is at least eighteen (18) years of age but lessthan twenty-four (24) years of age and who is attendingsecondary or post secondary school at least half-time, eventhough the child may be temporarily living away from thecustodial parent or other adult caretaker relative while attendingschool.
        (5) A pregnant woman and her spouse if the family's eligibilityis based on the pregnancy.
        (6) The noncustodial parent of a child described in subdivision(3) or (4) even though the noncustodial parent is not residingwith the eligible family.
As added by P.L.273-1999, SEC.199.

IC 12-14-28-3.3
Eligibility of individuals with criminal convictions; participationin substance abuse or mental health treatment; substance abusetesting
    Sec. 3.3. (a) An individual who:
        (1) except for 21 U.S.C. 862a(a), meets the federal and IndianaTANF program eligibility requirements;
        (2) has been convicted of an offense under federal or state lawthat:
            (A) is classified as a felony;
            (B) has as an element the possession or use of a controlledsubstance (as defined in 21 U.S.C. 802(6)); and
            (C) does not have as an element the distribution ormanufacturing of a controlled substance (as defined in 21U.S.C. 802(6)); and
        (3) either has completed or is participating in substance abuseor mental health treatment provided by:
            (A) an addiction services provider certified by the divisionof mental health and addiction;
            (B) a mental health provider (as defined in IC 16-36-1.5-2);
            (C) the department of correction;
            (D) the federal government; or
            (E) a faith based program certified by the division of mentalhealth and addiction;
is eligible to receive assistance under this chapter for not more thantwelve (12) months.
    (b) For purposes of eligibility for assistance under this chapter, acourt may order an individual described in subsection (a) toparticipate in substance abuse or mental health treatment under thissection.
    (c) The department of correction shall assist an individual who:
        (1) is incarcerated by the department of correction; and
        (2) will be eligible for assistance under this chapter upon:
            (A) release to parole;
            (B) assignment to a community transition program; or
            (C) discharge from the department of correction;with applying for assistance under this chapter as described inIC 11-10-12-5.
    (d) An individual who is receiving TANF under this section mustbe tested not less than one (1) time every two (2) months for drugsat a time chosen by the provider of the substance abuse or mentalhealth treatment the individual completed or is participating in underthis section. Nothing in this section shall prevent the provider fromtesting for drugs more frequently if more frequent testing is part ofthe program operated by the provider.
As added by P.L.161-2007, SEC.32.

IC 12-14-28-3.8
State election to opt out
    Sec. 3.8. In accordance with 21 U.S.C. 862a(d)(1), the state electsto opt out of the application of 21 U.S.C. 862a(a) for an individualwho has completed or is participating in a substance abuse or mentalhealth treatment program described in section 3.3(a)(3) of thischapter.
As added by P.L.161-2007, SEC.33.

IC 12-14-28-4
Reserved

IC 12-14-28-5
Income eligibility limits
    Sec. 5. The division may establish income eligibility limits thatare lower than those specified in section 1 of this chapter for aparticular type of benefit or service.
As added by P.L.273-1999, SEC.199.

IC 12-14-28-6
Eligibility not considered entitlement
    Sec. 6. This chapter shall not be interpreted as an entitlement foran individual or family to assistance under a program establishedunder Indiana's plan of temporary assistance to needy families.
As added by P.L.273-1999, SEC.199.

IC 12-14-28-7
Rules
    Sec. 7. The division may adopt rules under IC 4-22-2 necessary toimplement this chapter.
As added by P.L.273-1999, SEC.199.