CHAPTER 2. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES; GRANTING OF ASSISTANCE
IC 12-14-2
Chapter 2. Temporary Assistance for Needy Families; Granting
of Assistance
IC 12-14-2-0.5
"Essential person" defined
Sec. 0.5. As used in this chapter, "essential person" means a
person 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 beginning
date; money in individual development accounts may not be
considered
Sec. 1. (a) After the investigation under IC 12-14-1-6, the county
office 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 under
IC 4-4-28 that belongs to the child or a member of the child's
family;
(2) five thousand dollars ($5,000) of equity value (as defined in
470 IAC 10.1-3-1) in one (1) motor vehicle that belongs to a
member of the child's family; or
(3) a Holocaust victim's settlement payment received by the
child or a member of the child's family;
when determining whether the child is eligible for assistance under
this 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 and
shall 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 determining
the amount of assistance, an accounting must be taken of any income
or property of the child that the child may receive from another
source.
(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 established
under IC 4-4-28 that belongs to a child or a member of the
child's family.
(2) A Holocaust victim's settlement payment received by the
child 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 assistance
granted 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 with
the rules adopted under IC 4-22-2 by the director of the
division.
However, a Holocaust victim's settlement payment received by the
child or a member of the child's family may not be considered a
resource of the family when determining the amount of assistance for
the 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; maximum
amounts
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 payment
made under this chapter:
(1) The total amount of need recognized and payment made for
a dependent child, other than for medical expenses, for a
calendar month may not exceed one hundred fifty-five dollars
($155).
(2) The total amount of need recognized and payment made to
the person essential to the well-being of the dependent child,
other than for medical expenses, for a calendar month may not
exceed one hundred fifty-five dollars ($155).
(3) The total amount of need recognized and payment made to
one (1) dependent child and to the person essential to the
well-being of the dependent child, other than for medical
expenses, for a calendar month may not exceed two hundred
fifty-five dollars ($255).
(4) If there is more than one (1) dependent child in the same
home, the total amount of need recognized and payment made,
other than for medical expenses, for a calendar month may not
exceed sixty-five dollars ($65) for each additional child and, if
the second parent of the child is incapacitated and is living in
the home, the amount of need recognized and payment made
may not exceed sixty-five dollars ($65) for the benefit of the
incapacitated 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 an
essential person may not receive payments if the person has received
assistance under this article during the person's lifetime for
twenty-four (24) months after June 30, 1995.
(b) Subject to the time limits contained in subsection (a), a person
who qualifies for TANF under section 5 of this chapter remains
categorically eligible to receive TANF assistance when the person
becomes employed and the person's family's net earnings from
employment calculated under rules adopted by the director of the
division under IC 4-22-2, in combination with other sources of
family income, is greater than the amount of need recognized under
section 5 of this chapter, but the family's gross income is less than
one 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 TANF
assistance for each six (6) consecutive months the person is
employed full time. However, credit may not be earned for
employment completed before the date the person first applies for
assistance under this article.
(b) To qualify for credit under subsection (a), a person must
supply the county office with proof of the periods during which the
person 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 under
this 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 family
qualifies 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) years
of age who is included in a TANF assistance group when the
child becomes a first time minor parent (including all children
in the case of a multiple birth); or
(3) who was conceived in a month the family was not receiving
TANF assistance.
(b) Except as provided in subsection (c), after July 1, 1995, an
additional payment (other than for medical expenses payable under
IC 12-15) may not be made for a dependent child who is born more
than ten (10) months after the date the family qualifies for assistance
under this article.
(c) The division may adopt rules under IC 4-22-2 that authorize
a voucher for goods and services related to child care that do not
exceed one-half (1/2) of the assistance that a dependent child
described in subsection (b) would otherwise receive under section 5
of this chapter.
(d) A dependent child described in subsection (b) is eligible for
all child support enforcement services provided in IC 31-25.
(e) Families receiving TANF assistance are encouraged to receive
family 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 computing
benefits payable
Sec. 9. The division shall apply a percentage reduction of ninety
percent (90%) to the total needs of TANF applicants and recipients
in 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 a
subsequent modification, is binding and must be complied with by
the 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 the
division of the county office's decision concerning assistance in
writing.
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 division
the 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 justified
and 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 dependent
child and the child is living or will live with at least one (1) of the
relatives prescribed in IC 12-7-2-58, assistance may be allowed for
the support of the child without complying with an Indiana law other
than 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 this
article, a recipient of TANF assistance and a dependent child who is
a recipient of TANF assistance must attend school if all of the
following apply:
(1) The recipient or the dependent child meets the compulsory
attendance requirements under IC 20-33-2.
(2) The recipient or the dependent child has not graduated from
a high school or has not obtained a high school equivalency
certificate (as defined in IC 12-14-5-2).
(3) The recipient or the dependent child is not excused from
attending 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 rules
adopted by the director under IC 4-22-2.
(5) If the recipient or the dependent child is the mother of a
child, a physician has not determined that the recipient or the
dependent child should delay returning to school after giving
birth.
(b) A recipient or the dependent child of a recipient described in
subsection (a) who has more than three (3) unexcused absences
during a school year is subject to revocation or suspension of
assistance 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 the
requirements of section 17 of this chapter is subject to the revocation
or suspension of assistance as provided under rules adopted by the
division.
(b) A TANF recipient or applicant who refuses to participate in
an employment opportunity or a job training opportunity offered to
the recipient or applicant under IC 12-8-12 is subject to sanctions
established by the director under IC 12-8-12-6(2).
(c) Except in a case in which the parent, custodian, or guardian of
the dependent child qualifies for a good cause or other exception
provided by statute or administrative rule, a parent, custodian, or
guardian who refuses to cooperate with the Title IV-D agency as
required 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 as
provided under rules adopted by the division.
(d) The division may adopt rules under IC 4-22-2 to implement
subsection (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 school
attendance records as a condition of eligibility to receive assistance
under 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-time
work with another employer that offered reasonable expectation
of higher wages or better working conditions.
(2) The person left the employer due to a medically
substantiated physical disability and is involuntarily
unemployed after having made reasonable efforts to maintain
the employment relationship.
(3) The person left work to enter the armed forces of the United
States.
(4) The person's employment was terminated under the
compulsory retirement provision of a collective bargaining
agreement to which the employer is a party, or under any other
plan, system, or program, public or private, providing for
compulsory retirement.
(5) The person voluntarily left the employer, and:
(A) the person's previous employment was outside the
person's labor market;
(B) the person left to accept previously secured full-time
work with an employer in the person's labor market; and
(C) the person actually became employed with the employer
in the person's labor market within the area surrounding the
person's permanent residence, outside which the person
cannot reasonably commute on a daily basis. In determining
whether 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 article
and:
(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 under
this chapter; or
(2) voluntarily reduces the number of hours the person works in
order to qualify for or retain eligibility for assistance under this
article;
is ineligible to receive assistance under IC 12-14 for six (6) months
after 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 of
a TANF recipient, if the TANF recipient is less than eighteen (18)
years of age, must sign a personal responsibility agreement to do the
following:
(1) Develop an individual self-sufficiency plan with other
family members and a caseworker.
(2) Accept any reasonable employment as soon as it becomes
available.
(3) Agree to a loss of assistance, including TANF assistance
under this article, if convicted of a felony under IC 35-43-5-7 or
IC 35-43-5-7.1 for ten (10) years after the conviction.
(4) Subject to section 5.3 of this chapter, understand that
additional TANF assistance under this article will not be
available for a child born more than ten (10) months after the
person qualifies for assistance.
(5) Accept responsibility for ensuring that each child of the
person receives all appropriate vaccinations against disease at
an appropriate age.
(6) If the person is less than eighteen (18) years of age and is a
parent, live with the person's parents, legal guardian, or an adult
relative other than a parent or legal guardian in order to receive
public 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 maintain
employment.
(9) Participate in any training program required by the division.
(10) Accept responsibility for ensuring that the person and each
child of the person attend school until the person and each child
of the person graduate from high school or attain a high school
equivalency 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 that
would interfere with the person's ability to attain
self-sufficiency.
(b) Except as provided in subsection (c), assistance under the
TANF program shall be withheld or denied to a person who does not
fulfill the requirements of the personal responsibility agreement
under subsection (a).
(c) A person who is granted an exemption under section 23 of this
chapter may be excused from specific provisions of the personal
responsibility 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 for
assistance under section 5.1 of this chapter.
(b) As used in this section, "school" means a program resulting in
high school graduation.
(c) Due to extraordinary circumstances, a person who is the parent
of a dependent child, an essential person, or a dependent child may
apply, in a manner prescribed by the division, for an exemption from
the requirements of this chapter if the person can document that the
person has complied with the personal responsibility agreement
under section 21 of this chapter and the person demonstrates any of
the following:
(1) The person has a substantial physical or mental disability
that prevents the person from obtaining or participating in
gainful employment.
(2) The person is a minor parent who is in school full time and
who has a dependent child.
(3) The person is a minor parent who is enrolled full time in an
educational program culminating in a high school equivalency
certificate and who has a dependent child.
A person seeking an exemption under this section must show
documentation to the division to substantiate the person's claim for
an exemption under subdivision (1), (2), or (3).
(d) After receiving an application for exemption from a parent, an
essential person, or a dependent child under subsection (c), the
division shall investigate and determine if the parent, essential
person, or dependent child qualifies for an exemption from this
chapter. 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, or
a dependent child qualifies for an exemption under this chapter, the
parent, essential person, or dependent child is entitled to receive one
hundred percent (100%) of the payments that the parent, essential
person, or dependent child is entitled to receive under section 5 of
this 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 legislative
council and the budget committee detailing the number and type of
exemptions granted under this section. A report sent under this
subsection to the legislative council must be in an electronic format
under IC 5-14-6.
(h) The division may adopt rules under IC 4-22-2 to carry out this
section.
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 faith
effort to cooperate required; presumption of good faith effort;
other considerations
Sec. 24. (a) A dependent child and a parent or an essential person
are not eligible for TANF assistance under this chapter unless the
mother of the dependent child:
(1) initiates a court proceeding to establish paternity, other than
an 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 Title
IV-D agency or its agents file a paternity action under
IC 31-14-4-3.
(b) A person applying for assistance under this chapter is not
required to comply with subsection (a) if:
(1) the father of the dependent child has been charged with an
act of rape, incest, or child molesting that occurred against the
dependent child's mother within ten (10) months before the
birth of the dependent child;
(2) the mother of the dependent child is deceased;
(3) the division determines under rules adopted by the division
under IC 4-22-2 that the mother of the dependent child could
not know the identity of the child's father;
(4) the mother of the dependent child provides proof, and the
division agrees, that the physical health or safety of the mother
or the dependent child would be jeopardized if the mother
complies with subsection (a); or
(5) the dependent child is living in the family home of a relative
other than the mother of the child as described under
IC 12-14-1-1(a) and the relative provides proof, and the division
agrees, that the physical health or safety of the mother, relative,
or dependent child would be jeopardized if the relative complies
with subsection (a).
(c) If a dependent child's mother is a party to a paternity action
filed under IC 31-14 (or IC 31-6-6.1 before its repeal), a county
office shall revoke assistance under this chapter if the mother fails to
pursue the paternity action.
(d) The office may not delay payments otherwise owing to a
provider if the mother fails to comply with this section.
(e) Except as provided in subsection (b)(1), (b)(3), and (b)(5), if
a child is residing with a nonparent guardian or custodian, the
nonparent guardian or custodian shall make a good faith effort to
cooperate with a prosecuting attorney or the division by providing to
the prosecuting attorney or the division any information regarding
the potential paternity of the child.
(f) The nonparent custodian or guardian is presumed to make a
good faith effort under subsection (e) if the nonparent custodian or
guardian does one (1) or more of the following:
(1) Responds to telephone calls from a prosecuting attorney or
correspondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone, with
a prosecuting attorney.
(3) Appears at a court hearing when requested by a prosecuting
attorney.
(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 in
IC 12-7-2-43.5(b) is not known.
(g) Before making a determination that the nonparent custodian
or guardian is not making a good faith effort to cooperate, the
prosecuting attorney shall consider one (1) or more of the following:
(1) Whether the nonparent custodian or guardian could
reasonably 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 or
guardian.
(5) The time that has expired since the nonparent custodian or
guardian 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 to
provide correct information about an alleged father or a parent
of the child because of deception by the alleged father or parent.
(7) Any other credible information obtained by the prosecuting
attorney that demonstrates the nonparent custodian or guardian
has knowledge of the information sought by the prosecuting
attorney.
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 this
chapter, the county office shall determine whether the person has
received assistance under the TANF program from another state
within the past three (3) years.
(b) The county office shall require each applicant to provide proof
of all addresses used by the applicant and each member of the
applicant's immediate family during the three (3) years before
completing the application.
(c) The county office shall contact the agency administering
TANF in any state where the applicant alleges to have lived within
the past three (3) years to determine if the applicant has received
assistance under the TANF program in that state.
(d) Each month of assistance the applicant has received under the
TANF program from another state within the past three (3) years
counts as one (1) month against the person's lifetime eligibility for
assistance in Indiana as determined under section 5.1 of this chapter.
(e) Each county office shall provide information to another state
regarding assistance provided to a person in Indiana if the other state
has, or is willing to provide, similar information as needed to the
county 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, a
parent or an essential person must register at the parent's or essential
person'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 comply
with subsection (a).
As added by P.L.46-1995, SEC.26.