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Text: HSB00128                          Text: HSB00130
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 129

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  239.5A  FAMILY SIZE LIMITATION ON
  1  2 AMOUNT OF ASSISTANCE.
  1  3    1.  If a family is a recipient on March 1, 1998, the
  1  4 recipient family's children eligible for assistance shall be
  1  5 limited to those children who were family members on or before
  1  6 March 1, 1998, and any children who become family members
  1  7 during the period beginning March 1, 1998, and ending December
  1  8 31, 1998.
  1  9    2.  If a family is not a recipient as of March 1, 1998, as
  1 10 a recipient in any period following March 1, 1998, the
  1 11 recipient family's children eligible for assistance shall be
  1 12 limited to those children who were family members on or before
  1 13 the date the family's eligibility for the assistance is first
  1 14 approved and to any children who become family members within
  1 15 ten months of the date the applicant was first approved as a
  1 16 recipient.
  1 17    3.  Except as provided in subsection 4, the eligibility
  1 18 limitations on a recipient family under this section shall
  1 19 remain applicable during any subsequent period of eligibility
  1 20 for assistance.
  1 21    4.  If necessary to provide for a child to live with a
  1 22 nonparent relative, the department may allow for a good cause
  1 23 exemption to the eligibility limitations of this section.
  1 24    Sec. 2.  NEW SECTION.  239.5B  SCHOOL ATTENDANCE.
  1 25    1.  If the department receives written notification from a
  1 26 school truancy officer under section 299.11A that a child
  1 27 deemed to be truant under chapter 299 is a member of a family
  1 28 receiving or applying for assistance under this chapter and
  1 29 has not completed the sixth grade, the department shall
  1 30 determine if the child's family is receiving or applying for
  1 31 assistance under this chapter.  If the department determines
  1 32 the child's family is receiving or applying for assistance
  1 33 under this chapter, the child's family shall be subject to
  1 34 sanction in accordance with this section.  The sanction shall
  1 35 continue to apply until the department receives written
  2  1 notification from the school truancy officer of any of the
  2  2 following:
  2  3    a.  The child is complying with the attendance policy
  2  4 applicable to the child's school.
  2  5    b.  The child has satisfactorily completed educational
  2  6 requirements through the sixth grade.
  2  7    c.  The child's school has determined there is good cause
  2  8 for the child's nonattendance and the school withdraws the
  2  9 written notification.
  2 10    d.  The child is no longer enrolled in the school for which
  2 11 the written notification was provided and the child's family
  2 12 demonstrates that the child is enrolled in and is attending
  2 13 another school or is otherwise receiving equivalent schooling
  2 14 as authorized under state law.
  2 15    2.  The sanction under this section shall be a deduction
  2 16 from cash benefit assistance payable to the child's family in
  2 17 an amount equivalent to twenty-five percent of the applicable
  2 18 family investment program payment standard.
  2 19    3.  Notwithstanding any other provision of law to the
  2 20 contrary, unless prohibited by federal law, the department may
  2 21 release information to a school truancy officer, as defined in
  2 22 section 299.11A, regarding persons applying for or receiving
  2 23 assistance under this chapter as necessary to verify the
  2 24 public assistance status of a child of a family who may be
  2 25 subject to sanction under this section.  The department may
  2 26 adopt rules as necessary to administer this section.
  2 27    Sec. 3.  Section 239.10, Code 1997, is amended to read as
  2 28 follows:
  2 29    239.10  IMMUNIZATION.
  2 30    1.  a.  To the extent feasible, the The department shall
  2 31 determine the immunization status of require immunizations of
  2 32 children who are preschool age and are a member of a family
  2 33 applying for or receiving assistance under this chapter.  The
  2 34 status shall be determined The department shall adopt rules
  2 35 setting forth the immunization requirements which shall be in
  3  1 accordance with the immunization recommendations adopted by
  3  2 the Iowa department of public health under section 139.9,
  3  3 including the exemption provisions in section 139.9,
  3  4 subsection 4.  If the department determines a child is not in
  3  5 compliance with the immunization recommendations, the
  3  6 department shall refer the child's parent or guardian to a
  3  7 local public health agency for immunization services for the
  3  8 child and other members of the child's family.  The rules
  3  9 shall specify the types of immunizations required, the age
  3 10 groupings to which the requirements apply, and other
  3 11 provisions.  The rules shall also include exemptions for good
  3 12 cause or for factors beyond the control of the child's parent,
  3 13 guardian, or custodian.  The exemptions shall be in addition
  3 14 to those established by the Iowa department of public health.
  3 15    b.  Unless exempt by rule, an applicant or recipient family
  3 16 which is not in compliance with an immunization requirement
  3 17 shall be subject to sanction.  The sanction shall be a
  3 18 deduction from cash benefit assistance payable to the child's
  3 19 family in an amount equivalent to twenty-five percent of the
  3 20 applicable family investment program payment standard.  The
  3 21 sanction shall apply until the family complies with the
  3 22 immunization requirement.
  3 23    2.  The department of human services shall cooperate with
  3 24 the Iowa department of public health to establish an
  3 25 interagency agreement allowing the sharing of pertinent client
  3 26 data, as permitted under federal law and regulation, for the
  3 27 purposes of determining immunization rates of recipients of
  3 28 persons applying for or receiving assistance, evaluating
  3 29 family investment program efforts to encourage require
  3 30 immunizations, and developing strategies to further encourage
  3 31 immunization of recipients of persons applying for or
  3 32 receiving assistance.
  3 33    Sec. 4.  NEW SECTION.  299.11A  TRUANT CHILDREN – FAMILY
  3 34 INVESTMENT PROGRAM.
  3 35    1.  For the purposes of this section, "school truancy
  4  1 officer" means a truancy officer appointed under section
  4  2 299.10 or any other person designated by a public school board
  4  3 or a governing body of an accredited nonpublic school to
  4  4 implement the provisions of this section.
  4  5    2.  If a child deemed to be truant under this chapter is a
  4  6 member of a family receiving or applying for family investment
  4  7 program assistance under chapter 239 and has not completed the
  4  8 sixth grade, the school truancy officer may provide
  4  9 notification to the department of human services as provided
  4 10 in section 239.5B.  An initial and any subsequent notification
  4 11 shall be made in writing.
  4 12    3.  Notwithstanding any other provision of law to the
  4 13 contrary, unless prohibited by federal law, a school truancy
  4 14 officer may release information to the department of human
  4 15 services and may receive information from the department
  4 16 regarding a child described in subsection 2.  In addition, the
  4 17 school truancy officer may utilize other sources available to
  4 18 the officer as necessary to verify whether a child is a member
  4 19 of a family receiving or applying for family investment
  4 20 program benefits.
  4 21    4.  It is the intent of this section that a public school
  4 22 board or governing body of an accredited nonpublic school
  4 23 shall exercise the authority granted under this section as a
  4 24 means of increasing and ensuring school attendance of young
  4 25 children, as education is a critical element in the success of
  4 26 individuals and good attendance habits should be developed and
  4 27 reinforced at an early age.
  4 28    Sec. 5.  EFFECTIVE DATE.  The following provisions of this
  4 29 Act take effect July 1, 1998:
  4 30    1.  Section 2, enacting new Code section 239.5B.
  4 31    2.  Section 3, amending Code section 239.10.
  4 32    3.  Section 4, enacting new Code section 299.11A.  
  4 33                           EXPLANATION
  4 34    This bill relates to applicant and recipient requirements
  4 35 under the family investment program.
  5  1    New Code section 239.5A is created to apply a limitation on
  5  2 the amount of assistance provided to recipient families under
  5  3 the family investment program.  If a family is a recipient as
  5  4 of March 1, 1998, the family's level of assistance will always
  5  5 be based upon the number of children who are family members as
  5  6 of March 1, 1998, and any children who become family members
  5  7 during the period beginning March 1, 1998, and ending December
  5  8 31, 1998.  For a family who is not a recipient as of March 1,
  5  9 1998, the family's level of assistance will always be based
  5 10 upon the number of children who are family members as of the
  5 11 date the family's eligibility for assistance is first approved
  5 12 and any children who become family members within the 10
  5 13 months following the approval date.  The department may
  5 14 provide for a good cause exemption if necessary for a child to
  5 15 live with a nonparent relative.
  5 16    New Code sections 239.5B and 299.11A are created relating
  5 17 to school attendance of children of families applying for or
  5 18 receiving assistance under the family investment program.  The
  5 19 provisions are applicable to truant children applying for or
  5 20 receiving assistance who have not completed the sixth grade.
  5 21 A school truancy officer or other person designated by a
  5 22 public school board or a governing body of an accredited
  5 23 nonpublic school may notify the department of human services
  5 24 that such a child is truant.  If the department determines the
  5 25 child's family is applying for or receiving assistance, the
  5 26 child's family is subject to sanction.  The sanction applies
  5 27 until the school truancy officer notifies the department that
  5 28 the child's attendance is changed as described in the bill.
  5 29 The sanction is a deduction from the cash benefits payable to
  5 30 the child's family.  The deduction amount is 25 percent of the
  5 31 family investment program payment standard applicable to the
  5 32 child's family.  The payment standard is the gross amount for
  5 33 cash benefits based on family size and other requirements as
  5 34 established in administrative rules prior to any adjustments.
  5 35 Subject to federal law, any contrary confidentiality
  6  1 provisions in state law are rendered inapplicable to
  6  2 disclosures necessary to implement the provisions.  These two
  6  3 new Code sections take effect July 1, 1998.
  6  4    Code section 239.10, relating to immunization of children
  6  5 applying for or receiving assistance under the family
  6  6 investment program, is amended to require immunization as a
  6  7 condition of the family receiving assistance.  The department
  6  8 of human services is directed to provide in rule exemptions to
  6  9 the requirement for good cause and for factors beyond the
  6 10 parent's control.  The department is to sanction families who
  6 11 do not comply with the immunization requirements.  The
  6 12 sanction is a deduction from cash benefits payable to the
  6 13 family until the family complies.  Current law is stricken
  6 14 which directs the department to make a referral of a recipient
  6 15 family who does not comply with the immunization provisions to
  6 16 a local public health agency.  This section takes effect July
  6 17 1, 1998.  
  6 18 LSB 1495XL 77 
  6 19 jp/jj/8.3 
     

Text: HSB00128                          Text: HSB00130
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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