239B.2 - CONDITIONS OF ELIGIBILITY.
239B.2 CONDITIONS OF ELIGIBILITY.
Within available funding, the department shall make assistance
available to eligible families under the family investment program.
At a minimum, a family shall meet all of the following conditions of
eligibility:
1. Application. An application for the program is made to
the department. The application shall be in writing or reduced to
writing in the manner and upon the form prescribed by the department.
The application shall be made by the specified relative with whom the
child resides or will reside, and shall contain the information
required on the application form. One application may be made for
several children of the same family if the children reside or will
reside with the same specified relative.
2. Income and resources. The family meets income and
resource guidelines established by the department to attain or retain
financial eligibility. In determining a family's income and
resources, the department shall consider the income and resources of
the child, the child's parent, the child's stepparent living with the
child, or any other specified relative with whom the child resides or
will reside available to the family unless specifically exempted as
provided in section 239B.7 or by rule or unless otherwise provided by
federal law. A family's failure to meet the income or resource
guidelines shall result in denial of the family's eligibility for the
program.
3. Unemployment.
a. A determination of eligibility for a family with an
unemployed parent shall not include consideration of either parent's
number of hours of employment. Both parents must enter into and
participate in a family investment agreement and participate in JOBS
program activities unless good cause not to participate is
established in accordance with rules.
b. Any of the following reasons for refusing employment or
training are not good cause:
(1) Unsuitable or unpleasant work or training, if the parent is
able to perform the work or training without unusual danger to the
parent's health.
(2) The amount of wages or compensation, unless the wages for
employment are below the amount customary for the same work in the
community.
4. Written statement -- family investment agreement.
a. The department may require an applicant family to commit
to the initial actions the applicant family will take to achieve
self-sufficiency as contained in a signed, written statement. An
applicant family which fails to commit to the actions as contained in
the written statement shall be denied eligibility for the family
investment program. If the applicant family becomes a participant
family, the family's written statement may be replaced by,
incorporated within, or become the family investment agreement for
that family.
b. Unless exempt as provided in section 239B.8, a participant
family which is eligible for the program shall continue to comply
with the provisions of a written statement which contains actions
committed to by the family under paragraph "a" or shall enter
into a family investment agreement with the department. A
participant family must comply with the provisions of the written
statement or the conditions in the agreement in order to retain
eligibility. A participant family which does not comply shall be
deemed to have chosen a limited benefit plan.
5. Provision of information. The family provides requested
information to the department. The department shall adopt rules
specifying the conditions under which an applicant or participant
family is denied eligibility for family investment program assistance
for failure to provide requested information.
6. Cooperation with child support requirements. The
department shall provide for prompt notification of the department's
child support recovery unit if assistance is provided to a child
whose parent is absent from the home. An applicant or participant
shall cooperate with the child support recovery unit and the
department as provided in 42 U.S.C. § 608(a)(2) unless the applicant
or participant qualifies for good cause or other exception as
determined by the department in accordance with the best interest of
the child, parent, or specified relative, and with standards
prescribed by rule. The authorized good cause or other exceptions
shall include participation in a family investment agreement safety
plan option to address or prevent family or domestic violence and
other consideration given to the presence of family or domestic
violence. If a specified relative with whom a child is residing
fails to comply with these cooperation requirements, a sanction shall
be imposed as defined by rule in accordance with state and federal
law.
7. Periodic reviews. As a condition of eligibility, the
department may require periodic reports from a participant concerning
the participant's income, resources, family composition, and other
circumstances. If the participant's circumstances change, the
participant's assistance may be continued, renewed, suspended,
changed in amount, or entirely withdrawn, as determined in accordance
with rule.
8. Out-of-state assistance. Assistance shall be paid to a
participant residing temporarily out-of-state if the participant
retains residency in this state and remains otherwise eligible for
assistance. The department shall periodically redetermine the
eligibility of a participant who is temporarily residing
out-of-state. Section History: Recent Form
97 Acts, ch 41, §3, 34; 98 Acts, ch 1218, §50; 99 Acts, ch 100,
§1; 2000 Acts, ch 1088, §2; 2009 Acts, ch 41, §263
Referred to in § 239B.2B, 239B.3, 239B.9