IC 12-14-28
Chapter 28. Temporary Assistance to Needy Families
Expenditures
IC 12-14-28-1 "Qualifying family" defined
Sec. 1. As used in this chapter, "qualifying family" means a family
that 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 less
than twenty-four (24) years of age who is attending
secondary or post secondary school at least half-time.
(2) The child described in subdivision (1)(B) or (1)(C) resides
with a custodial parent or other adult caretaker relative, which
may include a child that may be temporarily living away from
the custodial parent or other adult caretaker relative while
attending school.
(3) The gross family income is less than two hundred fifty
percent (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 qualifying
family set forth in section 1 of this chapter to determine and apply all
other state or local program expenditures by all state agencies and by
political subdivisions that qualify as expenditures toward Indiana's
maintenance of effort under the federal Temporary Assistance for
Needy Families (TANF) program (45 CFR 260 et seq.).
(b) The division shall determine whether the amount of
expenditures that it projects will be reported to the federal
government as Indiana's maintenance of effort under the federal
Temporary Assistance for Needy Families (TANF) program (45 CFR
265) will be less than necessary to avoid a reduction in the federal
TANF 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 of
temporary assistance to needy families for a qualifying family.
(b) Individuals who may receive assistance for a qualifying family
must reside with the qualifying family and include the following
individuals:
(1) The custodial parent or other adult caretaker relative.
(2) The spouse of the custodial parent or other adult caretaker
relative.
(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 less
than twenty-four (24) years of age and who is attending
secondary or post secondary school at least half-time, even
though the child may be temporarily living away from the
custodial parent or other adult caretaker relative while attending
school.
(5) A pregnant woman and her spouse if the family's eligibility
is based on the pregnancy.
(6) The noncustodial parent of a child described in subdivision
(3) or (4) even though the noncustodial parent is not residing
with the eligible family. As added by P.L.273-1999, SEC.199.
IC 12-14-28-3.3 Eligibility of individuals with criminal convictions; participation
in substance abuse or mental health treatment; substance abuse
testing
Sec. 3.3. (a) An individual who:
(1) except for 21 U.S.C. 862a(a), meets the federal and Indiana
TANF program eligibility requirements;
(2) has been convicted of an offense under federal or state law
that:
(A) is classified as a felony;
(B) has as an element the possession or use of a controlled
substance (as defined in 21 U.S.C. 802(6)); and
(C) does not have as an element the distribution or
manufacturing of a controlled substance (as defined in 21
U.S.C. 802(6)); and
(3) either has completed or is participating in substance abuse
or mental health treatment provided by:
(A) an addiction services provider certified by the division
of 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 mental
health and addiction;
is eligible to receive assistance under this chapter for not more than
twelve (12) months.
(b) For purposes of eligibility for assistance under this chapter, a
court may order an individual described in subsection (a) to
participate in substance abuse or mental health treatment under this
section.
(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 in
IC 11-10-12-5.
(d) An individual who is receiving TANF under this section must
be tested not less than one (1) time every two (2) months for drugs
at a time chosen by the provider of the substance abuse or mental
health treatment the individual completed or is participating in under
this section. Nothing in this section shall prevent the provider from
testing for drugs more frequently if more frequent testing is part of
the 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 elects
to opt out of the application of 21 U.S.C. 862a(a) for an individual
who has completed or is participating in a substance abuse or mental
health treatment program described in section 3.3(a)(3) of this
chapter. 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 that
are lower than those specified in section 1 of this chapter for a
particular 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 for
an individual or family to assistance under a program established
under 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 to
implement this chapter. As added by P.L.273-1999, SEC.199.
IC 12-14-28
Chapter 28. Temporary Assistance to Needy Families
Expenditures
IC 12-14-28-1 "Qualifying family" defined
Sec. 1. As used in this chapter, "qualifying family" means a family
that 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 less
than twenty-four (24) years of age who is attending
secondary or post secondary school at least half-time.
(2) The child described in subdivision (1)(B) or (1)(C) resides
with a custodial parent or other adult caretaker relative, which
may include a child that may be temporarily living away from
the custodial parent or other adult caretaker relative while
attending school.
(3) The gross family income is less than two hundred fifty
percent (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 qualifying
family set forth in section 1 of this chapter to determine and apply all
other state or local program expenditures by all state agencies and by
political subdivisions that qualify as expenditures toward Indiana's
maintenance of effort under the federal Temporary Assistance for
Needy Families (TANF) program (45 CFR 260 et seq.).
(b) The division shall determine whether the amount of
expenditures that it projects will be reported to the federal
government as Indiana's maintenance of effort under the federal
Temporary Assistance for Needy Families (TANF) program (45 CFR
265) will be less than necessary to avoid a reduction in the federal
TANF 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 of
temporary assistance to needy families for a qualifying family.
(b) Individuals who may receive assistance for a qualifying family
must reside with the qualifying family and include the following
individuals:
(1) The custodial parent or other adult caretaker relative.
(2) The spouse of the custodial parent or other adult caretaker
relative.
(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 less
than twenty-four (24) years of age and who is attending
secondary or post secondary school at least half-time, even
though the child may be temporarily living away from the
custodial parent or other adult caretaker relative while attending
school.
(5) A pregnant woman and her spouse if the family's eligibility
is based on the pregnancy.
(6) The noncustodial parent of a child described in subdivision
(3) or (4) even though the noncustodial parent is not residing
with the eligible family. As added by P.L.273-1999, SEC.199.
IC 12-14-28-3.3 Eligibility of individuals with criminal convictions; participation
in substance abuse or mental health treatment; substance abuse
testing
Sec. 3.3. (a) An individual who:
(1) except for 21 U.S.C. 862a(a), meets the federal and Indiana
TANF program eligibility requirements;
(2) has been convicted of an offense under federal or state law
that:
(A) is classified as a felony;
(B) has as an element the possession or use of a controlled
substance (as defined in 21 U.S.C. 802(6)); and
(C) does not have as an element the distribution or
manufacturing of a controlled substance (as defined in 21
U.S.C. 802(6)); and
(3) either has completed or is participating in substance abuse
or mental health treatment provided by:
(A) an addiction services provider certified by the division
of 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 mental
health and addiction;
is eligible to receive assistance under this chapter for not more than
twelve (12) months.
(b) For purposes of eligibility for assistance under this chapter, a
court may order an individual described in subsection (a) to
participate in substance abuse or mental health treatment under this
section.
(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 in
IC 11-10-12-5.
(d) An individual who is receiving TANF under this section must
be tested not less than one (1) time every two (2) months for drugs
at a time chosen by the provider of the substance abuse or mental
health treatment the individual completed or is participating in under
this section. Nothing in this section shall prevent the provider from
testing for drugs more frequently if more frequent testing is part of
the 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 elects
to opt out of the application of 21 U.S.C. 862a(a) for an individual
who has completed or is participating in a substance abuse or mental
health treatment program described in section 3.3(a)(3) of this
chapter. 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 that
are lower than those specified in section 1 of this chapter for a
particular 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 for
an individual or family to assistance under a program established
under 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 to
implement this chapter. As added by P.L.273-1999, SEC.199.
IC 12-14-28
Chapter 28. Temporary Assistance to Needy Families
Expenditures
IC 12-14-28-1 "Qualifying family" defined
Sec. 1. As used in this chapter, "qualifying family" means a family
that 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 less
than twenty-four (24) years of age who is attending
secondary or post secondary school at least half-time.
(2) The child described in subdivision (1)(B) or (1)(C) resides
with a custodial parent or other adult caretaker relative, which
may include a child that may be temporarily living away from
the custodial parent or other adult caretaker relative while
attending school.
(3) The gross family income is less than two hundred fifty
percent (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 qualifying
family set forth in section 1 of this chapter to determine and apply all
other state or local program expenditures by all state agencies and by
political subdivisions that qualify as expenditures toward Indiana's
maintenance of effort under the federal Temporary Assistance for
Needy Families (TANF) program (45 CFR 260 et seq.).
(b) The division shall determine whether the amount of
expenditures that it projects will be reported to the federal
government as Indiana's maintenance of effort under the federal
Temporary Assistance for Needy Families (TANF) program (45 CFR
265) will be less than necessary to avoid a reduction in the federal
TANF 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 of
temporary assistance to needy families for a qualifying family.
(b) Individuals who may receive assistance for a qualifying family
must reside with the qualifying family and include the following
individuals:
(1) The custodial parent or other adult caretaker relative.
(2) The spouse of the custodial parent or other adult caretaker
relative.
(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 less
than twenty-four (24) years of age and who is attending
secondary or post secondary school at least half-time, even
though the child may be temporarily living away from the
custodial parent or other adult caretaker relative while attending
school.
(5) A pregnant woman and her spouse if the family's eligibility
is based on the pregnancy.
(6) The noncustodial parent of a child described in subdivision
(3) or (4) even though the noncustodial parent is not residing
with the eligible family. As added by P.L.273-1999, SEC.199.
IC 12-14-28-3.3 Eligibility of individuals with criminal convictions; participation
in substance abuse or mental health treatment; substance abuse
testing
Sec. 3.3. (a) An individual who:
(1) except for 21 U.S.C. 862a(a), meets the federal and Indiana
TANF program eligibility requirements;
(2) has been convicted of an offense under federal or state law
that:
(A) is classified as a felony;
(B) has as an element the possession or use of a controlled
substance (as defined in 21 U.S.C. 802(6)); and
(C) does not have as an element the distribution or
manufacturing of a controlled substance (as defined in 21
U.S.C. 802(6)); and
(3) either has completed or is participating in substance abuse
or mental health treatment provided by:
(A) an addiction services provider certified by the division
of 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 mental
health and addiction;
is eligible to receive assistance under this chapter for not more than
twelve (12) months.
(b) For purposes of eligibility for assistance under this chapter, a
court may order an individual described in subsection (a) to
participate in substance abuse or mental health treatment under this
section.
(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 in
IC 11-10-12-5.
(d) An individual who is receiving TANF under this section must
be tested not less than one (1) time every two (2) months for drugs
at a time chosen by the provider of the substance abuse or mental
health treatment the individual completed or is participating in under
this section. Nothing in this section shall prevent the provider from
testing for drugs more frequently if more frequent testing is part of
the 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 elects
to opt out of the application of 21 U.S.C. 862a(a) for an individual
who has completed or is participating in a substance abuse or mental
health treatment program described in section 3.3(a)(3) of this
chapter. 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 that
are lower than those specified in section 1 of this chapter for a
particular 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 for
an individual or family to assistance under a program established
under 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 to
implement this chapter. As added by P.L.273-1999, SEC.199.
