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PAG LIN 1 1 SENATE FILE 516 1 2 1 3 AN ACT 1 4 REVISING PUBLIC ASSISTANCE PROVISIONS INVOLVING THE FAMILY 1 5 INVESTMENT, JOB OPPORTUNITIES AND BASIC SKILLS, FOOD STAMP, 1 6 AND MEDICAL ASSISTANCE PROGRAMS ADMINISTERED BY THE DEPARTMENT 1 7 OF HUMAN SERVICES, AMENDING CERTAIN CHILD SUPPORT PROVISIONS, 1 8 PROVIDING FOR FRAUDULENT PRACTICES, AND PROVIDING EFFECTIVE 1 9 DATES. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 DIVISION I 1 14 Section 1. Section 234.12, Code 1997, is amended by adding 1 15 the following new unnumbered paragraph: 1 16 NEW UNNUMBERED PARAGRAPH. The provisions of the federal 1 17 Personal Responsibility and Work Opportunity Reconciliation 1 18 Act of 1996, Pub. L. No. 104-193, } 115, shall not apply to an 1 19 applicant for or recipient of food stamp benefits in this 1 20 state. However, the department of human services may apply 1 21 contingent eligibility requirements as provided under state 1 22 law and allowed under federal law. 1 23 Sec. 2. NEW SECTION. 239B.1 DEFINITIONS. 1 24 As used in this chapter, unless the context otherwise 1 25 requires: 1 26 1. "Applicant" means a person who files an application for 1 27 participation in the family investment program under this 1 28 chapter. 1 29 2. "Assistance" means a family investment program payment. 1 30 3. "Child" means an unmarried person who is less than 1 31 eighteen years of age or an unmarried person who is eighteen 1 32 years of age and is engaged full-time in completing high 1 33 school graduation or equivalency requirements in a manner 1 34 which is reasonably expected to result in completion of the 1 35 requirements prior to the person reaching nineteen years of 2 1 age. 2 2 4. "Department" means the department of human services. 2 3 5. "Family" means a family unit that includes at least one 2 4 child and at least one parent or other specified relative of 2 5 the child. 2 6 6. "Family investment agreement" means the agreement 2 7 developed with a participant in accordance with section 2 8 239B.8. 2 9 7. "Family investment program" means the family investment 2 10 program under this chapter. 2 11 8. "Limited benefit plan" means a period of time in which 2 12 a participant or member of a participant's family is either 2 13 eligible for reduced assistance only or ineligible for any 2 14 assistance under the family investment program, in accordance 2 15 with section 239B.9. 2 16 9. "Minor parent" means an applicant or participant parent 2 17 who is less than eighteen years of age and has never been 2 18 married. 2 19 10. "Participant" means a person who is receiving full or 2 20 partial family investment program assistance. 2 21 11. "PROMISE JOBS program" or "JOBS program" means the 2 22 promoting independence and self-sufficiency through employment 2 23 job opportunities and basic skills program created in section 2 24 239B.17. 2 25 12. "Specified relative" means a person who is or was at 2 26 any time, one of the following relatives of an applicant or 2 27 participant child, by means of blood relationship, marriage, 2 28 or adoption, or is a spouse of one of the following relatives: 2 29 a. Parent. 2 30 b. Grandparent. 2 31 c. Great-grandparent. 2 32 d. Great-great-grandparent. 2 33 e. Stepparent of the child, but not the parent of the 2 34 stepparent. 2 35 f. Sibling. 3 1 g. Stepsibling. 3 2 h. Sibling by at least the half blood. 3 3 i. Uncle or aunt by at least the half blood. 3 4 j. Great-uncle or great-aunt. 3 5 k. Great-great-uncle or great-great-aunt. 3 6 l. First cousin. 3 7 m. Nephew or niece. 3 8 n. Second cousin. 3 9 Sec. 3. NEW SECTION. 239B.2 CONDITIONS OF ELIGIBILITY. 3 10 Within available funding, the department shall make 3 11 assistance available to eligible families under the family 3 12 investment program. At a minimum, a family shall meet all of 3 13 the following conditions of eligibility: 3 14 1. APPLICATION. An application for the program is made to 3 15 the department. The application shall be in writing or 3 16 reduced to writing in the manner and upon the form prescribed 3 17 by the department. The application shall be made by the 3 18 specified relative with whom the child resides or will reside, 3 19 and shall contain the information required on the application 3 20 form. One application may be made for several children of the 3 21 same family if the children reside or will reside with the 3 22 same specified relative. 3 23 2. INCOME AND RESOURCES. The family meets income and 3 24 resource guidelines established by the department to attain or 3 25 retain financial eligibility. In determining a family's 3 26 income and resources, the department shall consider the income 3 27 and resources of the child, the child's parent, the child's 3 28 stepparent living with the child, or any other specified 3 29 relative with whom the child resides or will reside available 3 30 to the family unless specifically exempted as provided in 3 31 section 239B.7 or by rule or unless otherwise provided by 3 32 federal law. A family's failure to meet the income or 3 33 resource guidelines shall result in denial of the family's 3 34 eligibility for the program. 3 35 3. UNEMPLOYMENT. A determination of eligibility for a 4 1 family with an unemployed parent shall not include 4 2 consideration of either parent's number of hours of employment 4 3 except to establish the date assistance would begin in 4 4 accordance with rules. However, both parents must enter into 4 5 and participate in a family investment agreement and 4 6 participate in JOBS program activities unless good cause not 4 7 to participate is established in accordance with rules. For 4 8 the purposes of this chapter, an applicant family with a 4 9 parent who is partially or totally unemployed under any of the 4 10 following circumstances shall not be considered to be 4 11 unemployed: 4 12 a. The period of unemployment is less than thirty days 4 13 prior to commencing participation under this chapter. 4 14 b. The parent is partially or totally unemployed due to a 4 15 work stoppage which exists because of a labor dispute at the 4 16 factory, establishment, or other premises at which the parent 4 17 is or was last employed. 4 18 c. At any time during the thirty-day period prior to 4 19 commencing participation under this chapter, the parent has 4 20 not been available for employment, has not actively sought 4 21 employment, or has without good cause refused any bona fide 4 22 offer of employment or training for employment. Any of the 4 23 following reasons for refusing employment or training are not 4 24 good cause: 4 25 (1) Unsuitable or unpleasant work or training, if the 4 26 parent is able to perform the work or training without unusual 4 27 danger to the parent's health. 4 28 (2) The amount of wages or compensation, unless the wages 4 29 for employment are below the amount customary for the same 4 30 work in the community. 4 31 d. The parent has not registered for work with the state 4 32 employment service established pursuant to section 96.12, or 4 33 after registration has failed to report at an employment 4 34 office in accordance with regulations prescribed pursuant to 4 35 section 96.4, subsection 1. 5 1 e. The parent is eligible but refuses to apply for or to 5 2 draw upon unemployment benefits. 5 3 f. The parent or family fails to meet other requirements 5 4 adopted by the department applicable to the applicant parent 5 5 or family. The other requirements shall be limited to those 5 6 necessary to meet federal requirements and may be in addition 5 7 to or in lieu of the requirements of this subsection, for 5 8 eligibility under this chapter to children whose parents are 5 9 partially or totally unemployed. 5 10 4. FAMILY INVESTMENT AGREEMENT. Unless exempt as provided 5 11 in section 239B.8, a family which is eligible for the program 5 12 shall enter into a family investment agreement with the 5 13 department. A family must comply with the conditions in the 5 14 agreement in order to retain eligibility. 5 15 5. PROVISION OF INFORMATION. The family provides 5 16 requested information to the department. The department shall 5 17 adopt rules specifying the conditions under which an applicant 5 18 or participant family is denied eligibility for family 5 19 investment program assistance for failure to provide requested 5 20 information. 5 21 6. COOPERATION WITH CHILD SUPPORT REQUIREMENTS. The 5 22 department shall provide for prompt notification of the 5 23 department's child support recovery unit if assistance is 5 24 provided to a child whose parent is absent from the home. An 5 25 applicant or participant shall cooperate with the child 5 26 support recovery unit and the department as provided in 42 5 27 U.S.C. } 608(a)(2) unless the applicant or participant 5 28 qualifies for good cause or other exception as determined by 5 29 the department in accordance with the best interest of the 5 30 child and with standards prescribed by rule. If a specified 5 31 relative with whom a child is residing fails to comply with 5 32 these cooperation requirements, a sanction shall be imposed as 5 33 defined by rule in accordance with state and federal law. 5 34 7. PERIODIC REVIEWS. As a condition of eligibility, the 5 35 department may require periodic reports from a participant 6 1 concerning the participant's income, resources, family 6 2 composition, and other circumstances. If the participant's 6 3 circumstances change, the participant's assistance may be 6 4 continued, renewed, suspended, changed in amount, or entirely 6 5 withdrawn, as determined in accordance with rule. 6 6 8. OUT-OF-STATE ASSISTANCE. Assistance shall be paid to a 6 7 participant residing temporarily out-of-state if the 6 8 participant retains residency in this state and remains 6 9 otherwise eligible for assistance. The department shall 6 10 periodically redetermine the eligibility of a participant who 6 11 is temporarily residing out-of-state. 6 12 Sec. 4. NEW SECTION. 239B.3 CASH ASSISTANCE. 6 13 1. a. Within available funding, the department shall 6 14 provide an ongoing cash assistance grant under the family 6 15 investment program to a family eligible under section 239B.2. 6 16 b. For an eligibility decision involving an applicant 6 17 family with a specified relative, within thirty days of the 6 18 date of an application, the department shall issue a notice of 6 19 the department's decision to the specified relative. 6 20 2. For an applicant or participant family, the department 6 21 shall calculate and pay the cash assistance grant on a monthly 6 22 basis, taking into consideration all of the following: 6 23 a. The income and resources of the family. 6 24 b. Whether the family has entered into a limited benefit 6 25 plan. 6 26 c. The size of the family. 6 27 d. Available funding. 6 28 3. The department may pay cash assistance and other cash 6 29 benefits paid under this chapter by warrant, through a direct 6 30 deposit to a financial institution of a participant, or 6 31 through an electronic benefits transfer. 6 32 4. The department may pay, from funds appropriated for 6 33 this purpose, a maximum of four hundred dollars toward funeral 6 34 expenses on the death of a child who is a participant or has 6 35 been authorized to participate in the family investment 7 1 program, provided both of the following conditions apply: 7 2 a. The decedent does not leave an estate which may be 7 3 probated with sufficient proceeds to allow for payment of the 7 4 funeral expenses. 7 5 b. Payments which are due the decedent's estate or 7 6 beneficiary by reason of the liability of a life insurance, 7 7 death or funeral benefit company, association, or society, or 7 8 in the form of United States social security, railroad 7 9 retirement, or veterans' benefits upon the death of the 7 10 decedent, are deducted from the department's payment under 7 11 this section. 7 12 Sec. 5. NEW SECTION. 239B.4 DEPARTMENTAL ROLE. 7 13 1. The department is the state entity designated to 7 14 administer federal funds received for purposes of the family 7 15 investment program and the JOBS program under this chapter, 7 16 including, but not limited to, the funding received under the 7 17 federal temporary assistance for needy families block grant as 7 18 authorized under the federal Personal Responsibility and Work 7 19 Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 7 20 and as such is the lead agency in preparing and filing state 7 21 plans, state plan amendments, and other reports required by 7 22 federal law. 7 23 2. The department is responsible for a management 7 24 information system, eligibility determination, participant 7 25 grant calculations and issuance of payments, contracting for 7 26 services, provision of an appeal or resolution process to 7 27 applicants and participants, determining the suitability of a 7 28 family home maintained by a specified relative applicant or 7 29 participant, and other activities as necessary to administer 7 30 the family investment program and the JOBS program. 7 31 3. The department may adopt rules pursuant to chapter 17A 7 32 as necessary to administer this chapter. 7 33 Sec. 6. NEW SECTION. 239B.5 COMPLIANCE WITH FEDERAL LAW. 7 34 1. If, as a condition of receiving federal funds for the 7 35 family investment program, federal law requires implementation 8 1 and administration of certain activities during a period when 8 2 the general assembly is not in session, the department shall 8 3 proceed to implement and administer those provisions, even if 8 4 in conflict with other existing state law. However, the 8 5 period of implementation authorized under this subsection 8 6 shall end upon the adjournment of the regular session of the 8 7 general assembly immediately following the commencement of the 8 8 period of implementation. 8 9 2. The department may submit waiver requests to the United 8 10 States department of health and human services as necessary to 8 11 implement and administer any provision under this chapter, or 8 12 to implement any subsequent initiative that requires a waiver 8 13 from federal law. 8 14 3. a. The provisions of the federal Personal 8 15 Responsibility and Work Opportunity Reconciliation Act of 8 16 1996, Pub. L. No. 104-193, } 115, shall not apply to an 8 17 applicant or participant. 8 18 b. However, unless exempt for good cause under rules 8 19 adopted by the department for this purpose, an applicant or 8 20 participant convicted under federal or state law of a felony 8 21 offense, which has as an element the possession, use, or 8 22 distribution of a controlled substance, as defined in 21 8 23 U.S.C. } 802(6), shall be required to participate in drug 8 24 rehabilitation activities or to fulfill other requirements to 8 25 verify that the applicant or participant does not illegally 8 26 possess, use, or distribute a controlled substance. 8 27 Sec. 7. NEW SECTION. 239B.6 ASSIGNMENT OF SUPPORT RIGHTS 8 28 OR BENEFITS. 8 29 1. An assignment of support rights to the department is 8 30 created by either of the following: 8 31 a. An applicant and other persons covered by an 8 32 application are deemed to have assigned to the department at 8 33 the time of application all rights to periodic support 8 34 payments to the extent of the amount of assistance received by 8 35 the applicant and by other persons covered by the application. 9 1 b. A determination that a child or another person covered 9 2 by an application is eligible for assistance under this 9 3 chapter creates an assignment by operation of law to the 9 4 department of all rights to periodic support payments not to 9 5 exceed the amount of assistance received by the child and 9 6 other persons covered by the application. 9 7 2. An assignment takes effect upon determination that an 9 8 applicant or another person covered by an application is 9 9 eligible for assistance under this chapter, applies to both 9 10 current and accrued support obligations, and terminates when 9 11 an applicant or another person covered by an application 9 12 ceases to receive assistance under this chapter, except with 9 13 respect to the amount of unpaid support obligations accrued 9 14 under the assignment. If an applicant or another person 9 15 covered by an application ceases to receive assistance under 9 16 this chapter and the applicant or other person covered by the 9 17 application receives a periodic support payment, subject to 9 18 limitations under federal law, the department is entitled only 9 19 to that amount of the periodic support payment above the 9 20 current periodic support obligation. 9 21 3. Assistance paid or payable under this chapter is not 9 22 transferable or assignable at law or in equity, and none of 9 23 the assistance paid or payable is subject to execution, levy, 9 24 attachment, garnishment, or other legal process, or to the 9 25 operation of any bankruptcy or insolvency law. 9 26 Sec. 8. NEW SECTION. 239B.7 INCOME AND RESOURCE 9 27 EXEMPTIONS, DEDUCTIONS, AND DISREGARDS. 9 28 In determining a family's income and resources for purposes 9 29 of the family's initial and continuing eligibility for 9 30 assistance and for determining grant amounts, the provisions 9 31 of this section shall apply to the family and individual 9 32 family members. 9 33 1. WORK EXPENSE DEDUCTION. If an individual's earned 9 34 income is considered by the department, the individual shall 9 35 be allowed a work expense deduction equal to twenty percent of 10 1 the earned income. The work expense deduction is intended to 10 2 include all work-related expenses other than child day care. 10 3 These expenses shall include but are not limited to all of the 10 4 following: taxes, transportation, meals, uniforms, and other 10 5 work-related expenses. However, the work expense deduction 10 6 shall not be allowed for an individual who is subject to a 10 7 sanction for failure to comply with family investment program 10 8 requirements. 10 9 2. WORK-AND-EARN INCENTIVE. If an individual's earned 10 10 income is considered by the department, the individual shall 10 11 be allowed a work-and-earn incentive. The incentive shall be 10 12 equal to fifty percent of the amount of earned income 10 13 remaining after all other deductions are applied. The 10 14 department shall disregard the incentive amount when 10 15 considering the earned income available to the individual. 10 16 The incentive shall not have a time limit. The work-and-earn 10 17 incentive shall not be withdrawn as a penalty for failure to 10 18 comply with family investment program requirements. 10 19 3. CHILD DAY CARE DEDUCTION. A family shall be allowed a 10 20 child day care deduction as specified in rules. A family with 10 21 a stepparent shall be allowed a child day care deduction for 10 22 any children of the stepparent or the parent, subject to the 10 23 limits provided in applicable rules. 10 24 4. EMPLOYMENT EARNINGS DISREGARD. If an individual begins 10 25 employment but was unemployed for at least twelve months 10 26 before beginning employment and timely reports the earnings 10 27 from the employment, the earnings shall be subject to an 10 28 income disregard. This income disregard shall apply in 10 29 determining the individual's eligibility and cash grant levels 10 30 under the family investment program during the individual's 10 31 first four months of employment. To be eligible for the 10 32 income disregard, the employment must commence following the 10 33 date of the individual's application for the family investment 10 34 program. The department shall adopt rules defining the term 10 35 "unemployed" for the purposes of this subsection. The income 11 1 disregard shall not be withdrawn as a penalty for failure to 11 2 comply with family investment program requirements. 11 3 5. INCOME CONSIDERATION. If an individual has timely 11 4 reported an absence of income to the department, consideration 11 5 of the individual's income shall cease beginning in the first 11 6 month the income is absent. However, this provision shall not 11 7 apply to an individual who has quit employment without good 11 8 cause as defined in rules. 11 9 6. INTEREST INCOME. Interest income shall be disregarded. 11 10 7. INDIVIDUAL DEVELOPMENT ACCOUNT DEPOSITS. The 11 11 department shall disregard as income any moneys an individual 11 12 deposits in an individual development account established 11 13 pursuant to chapter 541A. 11 14 8. MOTOR VEHICLE DISREGARD. The department shall 11 15 disregard the first three thousand eight hundred eighty-nine 11 16 dollars in equity value of a motor vehicle. Beginning July 1, 11 17 1997, and continuing in succeeding fiscal years, the motor 11 18 vehicle equity value disregarded by the department shall be 11 19 increased by the latest increase in the consumer price index 11 20 for used vehicles during the previous state fiscal year. This 11 21 disregard shall be applicable to each adult and to each 11 22 working individual in a family who is nineteen years of age or 11 23 younger. The amount of a motor vehicle's equity in excess of 11 24 the amount of the motor vehicle disregard shall apply to the 11 25 resource limitation established in subsection 10. 11 26 9. RESOURCE LIMITATION. 11 27 a. The resource limitation for an applicant family for the 11 28 family investment program shall be two thousand dollars. 11 29 b. The resource limitation for a participant family shall 11 30 be five thousand dollars. 11 31 c. The department shall disregard not more than ten 11 32 thousand dollars of a self-employed individual's tools of the 11 33 trade or capital assets in considering the individual's 11 34 resources. 11 35 10. INDIVIDUAL DEVELOPMENT ACCOUNT EARNINGS AND BALANCE. 12 1 The department shall disregard any earnings and the balance of 12 2 an individual development account established pursuant to 12 3 chapter 541A in considering an individual's resources. 12 4 Sec. 9. NEW SECTION. 239B.8 FAMILY INVESTMENT 12 5 AGREEMENTS. 12 6 The department shall establish a policy regarding the 12 7 implementation of family investment agreements which limits 12 8 the period of eligibility for the family investment program 12 9 based upon the requirements of a family's plan for self- 12 10 sufficiency. The policy shall require a family's plan to be 12 11 specified in a family investment agreement between the family 12 12 and the department. The department shall adopt rules to 12 13 administer the policy. The components of the policy shall 12 14 include but are not limited to all of the following: 12 15 1. PARTICIPATION – EXEMPTIONS. A parent living in a home 12 16 with a child for whom an application for family investment 12 17 program assistance has been made or for whom the assistance is 12 18 provided, and all other individual members of the family whose 12 19 needs are included in the assistance shall be subject to a 12 20 family investment agreement unless any of the following 12 21 conditions exists: 12 22 a. The individual is completely unable to participate in 12 23 any agreement option due to disability. 12 24 b. The individual is less than sixteen years of age and is 12 25 not a parent. 12 26 c. The individual is sixteen through eighteen years of 12 27 age, is not a parent, and is attending elementary or secondary 12 28 school, or the equivalent level of vocational or technical 12 29 school, on a full-time basis. 12 30 2. AGREEMENT OPTIONS. A family investment agreement shall 12 31 require an individual to participate in one or more of the 12 32 options enumerated in this subsection. An individual's level 12 33 of participation in one or more of the options shall be 12 34 equivalent to the level of commitment required for full-time 12 35 employment or shall be significant so as to move the 13 1 individual's level of participation toward that level. The 13 2 department shall adopt rules for each option defining 13 3 requirements and establishing assistance provisions for child 13 4 day care, transportation, and other support services. The 13 5 options shall include but are not limited to all of the 13 6 following: 13 7 a. Full-time or part-time employment. 13 8 b. Active job search. 13 9 c. Participation in the JOBS program. 13 10 d. Participation in other education or training 13 11 programming. 13 12 e. Participation in a family development and self- 13 13 sufficiency grant program under section 217.12 or other family 13 14 development program. 13 15 f. Work experience placement. 13 16 g. Unpaid community service. Community service shall be 13 17 authorized in any nonprofit association which has been 13 18 determined under section 501(c)(3) of the Internal Revenue 13 19 Code to be exempt from taxation or in any government agency. 13 20 Upon request, the department shall provide a listing of 13 21 potential community service placements to an individual. 13 22 However, an individual shall locate the individual's own 13 23 placement and perform the number of hours required by the 13 24 agreement. The individual shall file a monthly report with 13 25 the department which is signed by the director of the 13 26 community service placement verifying the community service 13 27 hours performed by the individual during that month. The 13 28 department shall develop a form for this purpose. 13 29 h. Any other arrangement which would strengthen the 13 30 individual's ability to be a better parent, including but not 13 31 limited to participation in a parenting education program. 13 32 Parental leave from employment shall be authorized for a 13 33 parent of a child who is less than three months of age. An 13 34 opportunity to participate in a parental education program 13 35 shall also be authorized for such a parent. An individual who 14 1 is not a parent who is nineteen years of age or younger or a 14 2 parent of a child who is less than three months of age shall 14 3 simultaneously participate in at least one other option 14 4 enumerated in this subsection. 14 5 3. LIMITED BENEFIT PLAN. If a participant fails to comply 14 6 with the provisions of the participant's family investment 14 7 agreement during the period of the agreement, the limited 14 8 benefit plan provisions of section 239B.9 shall apply. 14 9 4. COMPLETION OF AGREEMENT. 14 10 a. Upon the completion of the terms of the agreement, 14 11 family investment program assistance to a participant family 14 12 covered by the agreement shall cease or be reduced in 14 13 accordance with rules. 14 14 b. However, if the period in which a participant family is 14 15 without cash assistance is one month or less and the 14 16 participant family has not become exempt from JOBS program 14 17 participation at the time the participant family reapplies for 14 18 cash assistance, the participant family's family investment 14 19 agreement shall be reinstated at the time the participant 14 20 family reapplies. The reinstated agreement may be revised to 14 21 accommodate changed circumstances present at the time of 14 22 reapplication. 14 23 c. The department shall adopt rules to administer this 14 24 subsection and to determine when a family is eligible to 14 25 reenter the family investment program. 14 26 5. CONTRACTS. The department may contract with the 14 27 department of workforce development, department of economic 14 28 development, or any other entity to provide services relating 14 29 to a family investment agreement. 14 30 6. CONFIDENTIAL INFORMATION DISCLOSURE. The department 14 31 may disclose confidential information described in section 14 32 217.30, subsection 1, to other state agencies or to any other 14 33 entity which is not subject to the provisions of chapter 17A 14 34 and is providing services to a participant family who is 14 35 subject to a family investment agreement, if necessary in 15 1 order for the participant family to receive the services. The 15 2 department shall adopt rules establishing standards for 15 3 disclosure of confidential information if disclosure is 15 4 necessary in order for a participant to receive services. 15 5 Sec. 10. NEW SECTION. 239B.9 LIMITED BENEFIT PLAN. 15 6 1. GENERAL PROVISIONS. If a participant responsible for 15 7 signing and fulfilling the terms of a family investment 15 8 agreement, as defined by the director of human services in 15 9 accordance with section 239B.8, chooses not to sign or fulfill 15 10 the terms of the agreement, the participant's family, or the 15 11 individual participant shall enter into a limited benefit 15 12 plan. A limited benefit plan shall apply for the period of 15 13 time specified in this section. The first month of the 15 14 limited benefit plan is the first month after the month in 15 15 which timely and adequate notice of the limited benefit plan 15 16 is given to the participant as defined by the director of 15 17 human services. A participant who is exempt from the JOBS 15 18 program but who volunteers for the program is not subject to 15 19 imposition of a limited benefit plan. The elements of a 15 20 limited benefit plan shall be specified in the department's 15 21 rules. 15 22 2. PLAN APPLIED. The department shall apply the limited 15 23 benefit plan to the participants responsible for the family 15 24 investment agreement and other members of the participant's 15 25 family as follows: 15 26 a. PARENT. If the participant responsible for the family 15 27 investment agreement is a parent or a specified relative, for 15 28 a first limited benefit plan, the participant's family is 15 29 eligible for up to three months of reduced assistance based on 15 30 the needs of the children only. At the end of the three-month 15 31 period of reduced assistance, the family becomes ineligible 15 32 for assistance for a six-month period. For a second or 15 33 subsequent limited benefit plan chosen by the same participant 15 34 a six-month period of ineligibility applies beginning with the 15 35 effective date of the limited benefit plan. If the family 16 1 reapplies for assistance after a six-month ineligibility 16 2 period, eligibility shall be established in the same manner as 16 3 for any other new applicant. A limited benefit plan imposed 16 4 in error shall not be considered a first limited benefit plan. 16 5 b. NEEDY RELATIVE PAYEE. If the participant choosing a 16 6 limited benefit plan is a needy relative who acts as payee 16 7 when the parent is in the home but is unable to act as payee, 16 8 or is a dependent child's stepparent whose needs are included 16 9 in the assistance because of incapacity or caregiving, the 16 10 limited benefit plan shall apply only to the individual 16 11 participant choosing the plan. The individual participant 16 12 choosing the limited benefit plan is ineligible for nine 16 13 months from the effective date of the limited benefit plan. 16 14 For a second or subsequent limited benefit plan chosen by the 16 15 same individual participant, a six-month period of 16 16 ineligibility applies beginning with the effective date of the 16 17 limited benefit plan. 16 18 c. MINOR PARENT LIVING WITH ADULT PARENT OR SPECIFIED 16 19 RELATIVE. If the participant family includes a minor parent 16 20 living with the minor parent's adult parent or specified 16 21 relative who receives family investment program assistance and 16 22 both individuals are responsible for developing a family 16 23 investment agreement, each individual is responsible for a 16 24 separate family investment agreement, and the limited benefit 16 25 plan shall be applied as follows: 16 26 (1) If the adult parent or specified relative chooses the 16 27 limited benefit plan, the requirements of the limited benefit 16 28 plan shall apply to the entire participant family, even though 16 29 the minor parent has not chosen the limited benefit plan. 16 30 However, the minor parent may reapply for assistance as a 16 31 minor parent living with self-supporting parents or living 16 32 independently and continue in the family investment agreement 16 33 process. 16 34 (2) If the minor parent chooses the limited benefit plan, 16 35 the requirements of the limited benefit plan shall apply to 17 1 the minor parent and any child of the minor parent. 17 2 d. MINOR PARENT – ONLY CHILD. If the minor parent is the 17 3 only child in the adult parent or specified relative's home 17 4 and the minor parent chooses the limited benefit plan, 17 5 assistance shall not be paid to the adult parent or specified 17 6 relative in this instance. 17 7 e. CHILDREN WHO ARE MANDATORY JOBS PROGRAM PARTICIPANTS. 17 8 If the participant family includes children who are mandatory 17 9 JOBS program participants, the children shall not have a 17 10 separate family investment agreement but shall be asked to 17 11 sign the family investment agreement applicable to the family 17 12 and to carry out the responsibilities of that family 17 13 investment agreement. A limited benefit plan shall be applied 17 14 as follows: 17 15 (1) If the parent or specified relative responsible for a 17 16 family investment agreement meets the responsibilities of the 17 17 family investment agreement but a child who is a mandatory 17 18 JOBS program participant chooses an individual limited benefit 17 19 plan, the family is eligible for reduced assistance during the 17 20 child's limited benefit plan. However, the child, as part of 17 21 the family, is ineligible for nine months for a first limited 17 22 benefit plan and six months for a second or subsequent limited 17 23 benefit plan. 17 24 (2) If the child who chooses a limited benefit plan under 17 25 subparagraph (1) is the only child in the participant family, 17 26 assistance shall not be paid to the adult parent, parents, or 17 27 specified relative in this instance. 17 28 f. EXEMPT PARENT. If a participant family includes a 17 29 parent, parents, or specified relative who are exempt from 17 30 JOBS program participation and children who are mandatory JOBS 17 31 program participants, the children are responsible for 17 32 completing a family investment agreement. If a child who is a 17 33 mandatory JOBS program participant chooses the limited benefit 17 34 plan, the limited benefit plan shall be applied in the manner 17 35 provided in paragraph "e". 18 1 g. TWO PARENTS. If the participant family includes two 18 2 parents, a limited benefit plan shall be applied as follows: 18 3 (1) If only one parent of a child in the family is 18 4 responsible for a family investment agreement and that parent 18 5 chooses the limited benefit plan, the limited benefit plan 18 6 cannot be ended by the voluntary participation in a family 18 7 investment agreement by the exempt parent. However, the 18 8 exempt parent may continue to be included in the participant 18 9 family's grant during the three-month reduced assistance 18 10 period by volunteering to participate in the JOBS family 18 11 investment program-unemployed parent work program. If a 18 12 second or subsequent limited benefit plan is chosen by either 18 13 parent, the family becomes ineligible for a six-month period 18 14 beginning with the effective date of the limited benefit plan. 18 15 (2) If both parents of a child in the family are 18 16 responsible for a family investment agreement, both parents 18 17 shall sign the agreement. If either parent chooses the 18 18 limited benefit plan, the limited benefit plan cannot be ended 18 19 by the participation of the other parent in a family 18 20 investment agreement. However, the other parent may continue 18 21 to be included in the family's grant during the three-month 18 22 reduced assistance period by participating in the JOBS family 18 23 investment program-unemployed parent work program. If a 18 24 second or subsequent limited benefit plan is chosen by either 18 25 parent, the family becomes ineligible for a six-month period 18 26 beginning with the effective date of the limited benefit plan. 18 27 (3) If the parents from a two-parent family in a limited 18 28 benefit plan separate, the limited benefit plan shall follow 18 29 only the parent who chose the limited benefit plan and any 18 30 children in the home of that parent. 18 31 3. PLAN CHOSEN. A participant shall be considered to have 18 32 chosen a limited benefit plan under any of the following 18 33 circumstances: 18 34 a. A participant who does not establish an orientation 18 35 appointment with the JOBS program or who fails to keep or 19 1 reschedule an orientation appointment shall receive a reminder 19 2 letter which informs the participant that those who do not 19 3 attend orientation have elected to choose a limited benefit 19 4 plan. A participant who chooses not to respond to the 19 5 reminder letter within ten calendar days from the mailing date 19 6 shall receive notice establishing the effective date of the 19 7 limited benefit plan, the beginning date of the period of 19 8 reduced assistance, and the beginning and ending dates of the 19 9 six-month period of ineligibility. If a participant is deemed 19 10 to have chosen a limited benefit plan, timely and adequate 19 11 notice provisions, as determined by the director of human 19 12 services, shall apply. 19 13 b. A participant who chooses not to sign the family 19 14 investment agreement after attending a JOBS program 19 15 orientation shall enter into a limited benefit plan as 19 16 described in paragraph "a". 19 17 c. A participant who has signed a family investment 19 18 agreement but then chooses a limited benefit plan under 19 19 circumstances defined by the director of human services. 19 20 4. RECONSIDERATION. A participant who chooses a limited 19 21 benefit plan may reconsider that choice as follows: 19 22 a. A participant who chooses a first limited benefit plan 19 23 rather than sign a family investment agreement shall have the 19 24 entire three-month period of reduced assistance following the 19 25 effective date of the limited benefit plan to reconsider and 19 26 begin development of the family investment agreement. The 19 27 participant may contact the department or the appropriate JOBS 19 28 program office anytime during the first three months of the 19 29 limited benefit plan to begin the reconsideration process. 19 30 Although family investment program assistance shall not begin 19 31 until the participant signs a family investment agreement 19 32 during the JOBS program orientation and assessment process, 19 33 retroactive assistance shall be issued as defined by the 19 34 director of human services. A limited benefit plan imposed in 19 35 error shall not be considered a first limited benefit plan. 20 1 b. A participant who signs a family investment agreement 20 2 but does not carry out the family investment agreement 20 3 responsibilities shall be deemed to have chosen a limited 20 4 benefit plan and shall not be allowed to reconsider that 20 5 choice. 20 6 c. A participant who chooses a second or subsequent 20 7 limited benefit plan shall not be allowed to reconsider that 20 8 choice. 20 9 5. WELL-BEING VISIT. If a participant has chosen a 20 10 limited benefit plan, a qualified social services professional 20 11 shall attempt to visit with the participant to inquire into 20 12 the family's well-being. The visit shall be performed as an 20 13 extension of the family investment program and the family 20 14 investment agreement philosophy of supporting families as they 20 15 move toward self-sufficiency. The department may contract for 20 16 these services. The visit shall be made in accordance with 20 17 the following: 20 18 a. For a participant in a first limited benefit plan who 20 19 has the reconsideration option, a qualified social services 20 20 professional, as defined by the director of human services, 20 21 shall inquire into the well-being of the family during month 20 22 two of the period of reduced assistance. If the participant 20 23 who is responsible for a family investment agreement indicates 20 24 a desire to develop a family investment agreement, the 20 25 qualified social services professional shall assist the 20 26 participant in establishing an appointment with the 20 27 appropriate JOBS program office. 20 28 b. For a participant in a first limited benefit plan who 20 29 does not enter into the family investment agreement process 20 30 during the three-month reconsideration period, a qualified 20 31 social services professional shall make another inquiry as to 20 32 the well-being of the family during month four of the limited 20 33 benefit plan. 20 34 c. A participant who signs the family investment agreement 20 35 but does not carry out family investment agreement 21 1 responsibilities and, consequently, has chosen a first limited 21 2 benefit plan, shall not be allowed to reconsider that choice. 21 3 However, a social services professional shall inquire as to 21 4 the well-being of the family during month four of the limited 21 5 benefit plan. 21 6 d. A participant who has chosen a second or subsequent 21 7 limited benefit plan shall not be allowed to reconsider that 21 8 choice. However, a qualified social services professional 21 9 shall make inquiry into the well-being of the family during 21 10 month two of the limited benefit plan. 21 11 6. APPEAL. A participant has the right to appeal the 21 12 establishment of the limited benefit plan only once, except 21 13 for a first limited benefit plan two opportunities to appeal 21 14 shall be available. A participant in a first limited benefit 21 15 plan has the right to appeal the limited benefit plan at the 21 16 time the department issues timely and adequate notice 21 17 establishing the limited benefit plan, or at the time the 21 18 department issues the subsequent notice that establishes the 21 19 six-month period of ineligibility. A participant who has 21 20 chosen a second or subsequent limited benefit plan has the 21 21 right to appeal only at the time the department issues the 21 22 timely and adequate notice that establishes the six-month 21 23 period of ineligibility. However, if the reason for the 21 24 appeal is based on an incorrect grant computation, an error in 21 25 determining the composition of the family, or another worker 21 26 error, a hearing shall be granted, regardless of the person's 21 27 limited benefit plan status. 21 28 Sec. 11. NEW SECTION. 239B.10 MINOR AND YOUNG PARENTS – 21 29 OTHER REQUIREMENTS. 21 30 1. LIVING ARRANGEMENT. Unless any of the following 21 31 conditions apply, a minor parent shall be required to live 21 32 with the minor's parent or legal guardian: 21 33 a. The parent or guardian of the minor parent is deceased, 21 34 missing, or living in another state. 21 35 b. The minor parent's health or safety would be 22 1 jeopardized if the minor parent is required to live with the 22 2 parent or guardian. 22 3 c. The minor parent is in foster care. 22 4 d. The minor parent is participating in the job corps solo 22 5 parent program or independent living program. 22 6 e. Other good cause exists, which is identified in rules 22 7 adopted by the department for this purpose, for the minor 22 8 parent to participate in the family investment program while 22 9 living apart from the minor parent's parent or guardian. 22 10 2. FAMILY DEVELOPMENT. A minor parent who is a 22 11 participant and is not required to live with the minor 22 12 parent's parent or guardian pursuant to subsection 1 shall be 22 13 required to participate in a family development program 22 14 identified in rules adopted by the department. 22 15 3. PARENTING CLASSES. Participant parents who are 22 16 nineteen years of age or younger shall be required to attend 22 17 parenting classes. 22 18 4. EDUCATION. The department shall require, subject to 22 19 the availability of child day care for a minor parent's 22 20 children, that a minor parent must either have graduated from 22 21 high school or have received a high school equivalency 22 22 diploma, or be engaged full-time in completing high school 22 23 graduation or equivalency requirements. 22 24 5. EARNINGS DISREGARD. In determining family investment 22 25 program eligibility and calculating the amount of assistance, 22 26 the department shall disregard earnings of an applicant or a 22 27 participant who is nineteen years of age or younger who is 22 28 engaged full-time in completing high school graduation or 22 29 equivalency requirements. 22 30 6. FAMILY PLANNING. The department shall do all of the 22 31 following with newly eligible and existing participant 22 32 parents: 22 33 a. Discuss orally and in writing the financial 22 34 implications of newly born children on the participant's 22 35 family. 23 1 b. Discuss orally and in writing the available family 23 2 planning resources. 23 3 c. Include family planning counseling as an optional 23 4 component of the JOBS program. 23 5 d. Include the participant's family planning objectives in 23 6 the family investment agreement. 23 7 Sec. 12. NEW SECTION. 239B.11 FAMILY INVESTMENT PROGRAM 23 8 ACCOUNT. 23 9 1. An account is established in the state treasury to be 23 10 known as the family investment program account under control 23 11 of the department to which shall be credited all funds 23 12 appropriated by the state for the payment of assistance and 23 13 JOBS program expenditures. All other moneys received at any 23 14 time for these purposes, including child support revenues, 23 15 shall be deposited into the account as provided by law. All 23 16 assistance and JOBS program expenditures under this chapter 23 17 shall be paid from the account. 23 18 2. A diversion program subaccount is created within the 23 19 family investment program account. The subaccount may be used 23 20 to provide incentives to divert applicants' participation in 23 21 the family investment program if the applicants would 23 22 otherwise be eligible for assistance. Incentives may be 23 23 provided in the form of payment or services with a focus on 23 24 helping applicants to obtain or retain employment. The 23 25 diversion program subaccount may also be used for payments to 23 26 participants as necessary to cover the expenses of removing 23 27 barriers to employment. 23 28 Sec. 13. NEW SECTION. 239B.12 IMMUNIZATION. 23 29 1. To the extent feasible, the department shall determine 23 30 the immunization status of children receiving assistance under 23 31 this chapter. The status shall be determined in accordance 23 32 with the immunization recommendations adopted by the Iowa 23 33 department of public health under section 139.9, including the 23 34 exemption provisions in section 139.9, subsection 4. If the 23 35 department determines a child is not in compliance with the 24 1 immunization recommendations, the department shall refer the 24 2 child's parent or guardian to a local public health agency for 24 3 immunization services for the child and other members of the 24 4 child's family. 24 5 2. The department of human services shall cooperate with 24 6 the Iowa department of public health to establish an 24 7 interagency agreement allowing the sharing of pertinent client 24 8 data, as permitted under federal law and regulation, for the 24 9 purposes of determining immunization rates of participants, 24 10 evaluating family investment program efforts to encourage 24 11 immunizations, and developing strategies to further encourage 24 12 immunization of participants. 24 13 Sec. 14. NEW SECTION. 239B.13 NEEDY RELATIVE PAYEE – 24 14 PROTECTIVE PAYEE – VENDOR PAYMENT. 24 15 1. The department may provide for a needy relative to act 24 16 as a payee when the parent of a participant family is in the 24 17 home but is unable to act as the payee. 24 18 2. The department may order the cash assistance under this 24 19 chapter to be paid to a protective payee if it has been 24 20 demonstrated that the specified relative with whom the child 24 21 is residing is unable to manage the assistance in the best 24 22 interest of the child. Protective payment of cash assistance 24 23 shall not be made beyond a period of two years. The 24 24 department may petition the district court sitting in probate 24 25 to establish, pursuant to chapter 633, a conservatorship over 24 26 a participant. If a conservatorship is established, the 24 27 participant's cash assistance shall be paid to the 24 28 conservator. In addition to the cash assistance, an amount 24 29 not to exceed ten dollars per case per month may be allowed 24 30 for conservatorship or guardianship fees if authorized by 24 31 court order. The department may pay cash assistance or other 24 32 cash benefits to a third party if the department determines 24 33 that a third-party payment is essential to assure the proper 24 34 use of the assistance or benefits. 24 35 Sec. 15. NEW SECTION. 239B.14 FRAUDULENT PRACTICES – 25 1 RECOVERY. 25 2 1. An individual who obtains, or attempts to obtain, or 25 3 aids or abets an individual to obtain, by means of a willfully 25 4 false statement or representation, by knowingly failing to 25 5 disclose a material fact, or by impersonation, or any 25 6 fraudulent device, any assistance or other benefits under this 25 7 chapter to which the individual is not entitled, commits a 25 8 fraudulent practice. 25 9 2. An individual who commits a fraudulent practice under 25 10 this section is personally liable for the amount of assistance 25 11 or other benefits fraudulently obtained. The amount of the 25 12 assistance or other benefits may be recovered from the 25 13 offender or the offender's estate in an action brought or by 25 14 claim filed in the name of the state and the recovered funds 25 15 shall be deposited in the family investment program account. 25 16 The action or claim filed in the name of the state shall not 25 17 be considered an election of remedies to the exclusion of 25 18 other remedies. 25 19 Sec. 16. NEW SECTION. 239B.15 COUNTY ATTORNEY TO 25 20 ENFORCE. 25 21 Violations of law relating to the family investment program 25 22 shall be prosecuted by county attorneys. Area prosecutors of 25 23 the office of the attorney general shall provide prosecution 25 24 assistance. 25 25 Sec. 17. NEW SECTION. 239B.16 APPEAL – JUDICIAL REVIEW. 25 26 If an applicant's application is not acted upon within a 25 27 reasonable time, if it is denied in whole or in part, or if a 25 28 participant's assistance or other benefits under this chapter 25 29 are modified, suspended, or canceled under a provision of this 25 30 chapter, the applicant or participant may appeal to the 25 31 department of human services which shall request the 25 32 department of inspections and appeals to conduct a hearing. 25 33 Upon completion of a hearing, the department of inspections 25 34 and appeals shall issue a decision which is subject to review 25 35 by the department of human services. Judicial review of the 26 1 actions of the department of human services may be sought in 26 2 accordance with chapter 17A. Upon receipt of a notice of the 26 3 filing of a petition for judicial review, the department of 26 4 human services shall furnish the petitioner with a copy of any 26 5 papers filed in support of the petitioner's position, a 26 6 transcript of any testimony taken, and a copy of the 26 7 department's decision. 26 8 Sec. 18. NEW SECTION. 239B.17 PROMISE-JOBS PROGRAM. 26 9 1. PROGRAM ESTABLISHED. The promoting independence and 26 10 self-sufficiency through employment – job opportunities and 26 11 basic skills program is established for applicants and 26 12 participants of the family investment program. The 26 13 requirements of the JOBS program shall vary as provided in the 26 14 family investment agreement applicable to a family. The 26 15 department of workforce development, department of economic 26 16 development, department of education, and all other state, 26 17 county, and public educational agencies and institutions 26 18 providing vocational rehabilitation, adult education, or 26 19 vocational or technical training shall assist and cooperate in 26 20 the JOBS program. The departments, agencies, and institutions 26 21 shall make agreements and arrangements for maximum cooperation 26 22 and use of all available resources in the program. By mutual 26 23 agreement the department of human services may delegate any of 26 24 the department of human services' powers and duties under this 26 25 chapter to the department of workforce development or to the 26 26 department of economic development. 26 27 2. PROGRAM ACTIVITIES. The JOBS program shall include, 26 28 but is not limited to, provision of the following activities: 26 29 a. Placing applicants and participants in employment and 26 30 on-the-job training. 26 31 b. Institutional and work experience training for 26 32 applicants and participants for whom the training is likely to 26 33 lead to regular employment. 26 34 c. Special work projects for applicants and participants 26 35 for whom a job in the regular economy cannot be found. 27 1 d. Incentives, opportunities, services, and other benefits 27 2 to aid applicants and participants. 27 3 Sec. 19. NEW SECTION. 239B.18 JOBS PROGRAM 27 4 PARTICIPATION. 27 5 Except for participants who are exempt from the requirement 27 6 to enter into a family investment agreement under section 27 7 239B.8, a participant in the family investment program shall 27 8 participate in JOBS program activities as provided in the 27 9 participant's family investment agreement. A participant who 27 10 is exempt may voluntarily participate in the JOBS program. 27 11 Sec. 20. NEW SECTION. 239B.19 JOBS PROGRAM AVAILABILITY. 27 12 1. Within available funding, the department shall make 27 13 JOBS program services and benefits available to individuals 27 14 who are participating in the JOBS program. 27 15 2. An individual's efforts under the JOBS program to 27 16 attain a certificate of general educational development, high 27 17 school diploma, or adult basic literacy where the individual 27 18 has not previously received the certification shall be 27 19 optional except as otherwise required by this chapter or by 27 20 federal law. The department shall provide incentives to 27 21 encourage optional efforts to attain such certifications. 27 22 3. When needed, arrangements shall be made for the care of 27 23 children during the absence from the home of an individual 27 24 participating in the JOBS program. 27 25 Sec. 21. NEW SECTION. 239B.20 JOBS PROGRAM HEALTH AND 27 26 SAFETY. 27 27 The director shall establish and maintain reasonable 27 28 standards for health, safety, and other conditions under the 27 29 JOBS program. 27 30 Sec. 22. NEW SECTION. 239B.21 JOBS PROGRAM – WORKERS' 27 31 COMPENSATION LAW APPLICABLE. 27 32 A participant, with respect to employment performed under 27 33 the JOBS program, shall be covered by the workers' 27 34 compensation law or shall otherwise be provided with 27 35 comparable protection. 28 1 Sec. 23. NEW SECTION. 239B.22 JOBS PROGRAM – 28 2 PARTICIPANT NOT STATE EMPLOYEE. 28 3 A participant shall not be deemed to be an employee of the 28 4 state or any of its political subdivisions by reason of 28 5 participation in the JOBS program. However, this section 28 6 shall not prevent the participant from having the status of an 28 7 employee for the purposes of workers' compensation. 28 8 Sec. 24. NEW SECTION. 239B.23 CHILD DAY CARE PROVISIONS. 28 9 The following provisions involving child day care benefits 28 10 shall apply to individuals who no longer receive family 28 11 investment program assistance due to employment: 28 12 1. Eligibility for transitional child care benefits for a 28 13 period of twenty-four months. 28 14 2. The department shall automatically determine an 28 15 individual's eligibility for other child day care benefits if 28 16 the individual is not eligible for transitional child care or 28 17 eligibility for transitional child care benefits is exhausted. 28 18 Sec. 25. Section 249A.2, Code 1997, is amended by adding 28 19 the following new subsection: 28 20 NEW SUBSECTION. 4A. "Family investment program" means the 28 21 family investment program eligibility requirements under 28 22 chapter 239B, except to the extent federal law requires 28 23 application of the eligibility requirements under chapter 239, 28 24 Code 1997, as in effect on July 16, 1996. 28 25 Sec. 26. Section 249A.3, subsection 1, paragraphs b, e, f, 28 26 and m, Code 1997, are amended to read as follows: 28 27 b. Isa recipient ofan individual who is eligible for the 28 28 family investment programpayments under chapter 239or is an 28 29 individual who would be eligible for unborn child payments 28 30 under the family investment program, as authorized by Title 28 31 IV-A of the federal Social Security Act, if the family 28 32 investment programunder chapter 239provided for unborn child 28 33 payments during the entire pregnancy. 28 34 e. Is a pregnant woman whose pregnancy has been medically 28 35 verified and who qualifies under either of the following: 29 1 (1) The woman would be eligible foracashpayment29 2 assistance under the family investment programunder chapter29 3239, if the child were born and living with the woman in the 29 4 month of payment. 29 5 (2) The woman meets the income and resource requirements 29 6 of the family investment programunder chapter 239, provided 29 7 the unborn child is considered a member of the household, and 29 8 the woman's family is treated as though deprivation exists. 29 9 f. Is a child who is less than seven years of age and who 29 10 meets the income and resource requirements of the family 29 11 investment programunder chapter 239. 29 12 m. Is an individual or family who is ineligible for the 29 13 family investment programunder chapter 239because of 29 14 requirements that do not apply under Title XIX of the federal 29 15 Social Security Act. 29 16 Sec. 27. Section 249A.3, subsection 1, Code 1997, is 29 17 amended by adding the following new paragraphs: 29 18 NEW PARAGRAPH. r. Is an individual who is no longer 29 19 eligible for the family investment program due to earned 29 20 income. The department shall provide transitional medical 29 21 assistance to the individual for the maximum period allowed 29 22 for federal financial participation under federal law. 29 23 NEW PARAGRAPH. s. Is an individual who is no longer 29 24 eligible for the family investment program due to the receipt 29 25 of child or spousal support. The department shall provide 29 26 transitional medical assistance to the individual for the 29 27 maximum period allowed for federal financial participation 29 28 under federal law. 29 29 Sec. 28. Section 249A.3, subsection 2, paragraph c, Code 29 30 1997, is amended to read as follows: 29 31 c. Individuals who are receiving care in an institution 29 32 for mental diseases, and who are under twenty-one years of age 29 33 and whose income and resources are such that they are eligible 29 34 for the family investment programunder chapter 239, or who 29 35 are sixty-five years of age or older and who meet the 30 1 conditions for eligibility in paragraph "a" of this 30 2 subsection. 30 3 Sec. 29. 30 4 1. Chapters 239 and 249C, Code 1997, are repealed. 30 5 2. Section 249A.17, Code 1997, is repealed. 30 6 Sec. 30. UNEMPLOYED PARENT PROGRAM. The department of 30 7 human services shall simplify family investment program 30 8 eligibility criteria applicable to families with an unemployed 30 9 parent in order to be consistent with the criteria applicable 30 10 to other families. The simplification shall reduce from 30 11 thirty days to seven days the period required before 30 12 assistance can be granted to a family with an unemployed 30 13 parent. The department shall apply the provisions of this 30 14 section effective January 1, 1998. 30 15 Sec. 31. FAMILY OR DOMESTIC VIOLENCE. The department of 30 16 human services shall consider options for implementing special 30 17 family and domestic violence provisions authorized under the 30 18 federal Personal Responsibility and Work Opportunity 30 19 Reconciliation Act of 1996, Pub. L. No. 104-193. The options 30 20 considered shall include screening, identification, provision 30 21 of services, and waiving of program requirements for a family 30 22 investment program applicant or participant who is or has been 30 23 a victim of family or domestic violence if the violence is 30 24 deemed to have impaired the applicant's or participant's 30 25 ability to participate in the PROMISE JOBS program. The 30 26 department shall work with the welfare reform advisory group 30 27 or an associated work group in considering the options. The 30 28 department may implement the provisions by adopting 30 29 administrative rules or may propose implementation legislation 30 30 for consideration by the general assembly in the 1998 30 31 legislative session. 30 32 Sec. 32. CODE EDITOR. 30 33 1. The Code editor shall revise references in the Code to 30 34 any section in chapter 239 to instead refer to the appropriate 30 35 section in chapter 239B. The references revised by the Code 31 1 editor pursuant to this section shall take effect July 1, 31 2 1997. The reference changes considered by the Code editor 31 3 shall include but are not limited to the following: sections 31 4 217.30, 234.6, 239A.1, 239A.3, 252B.3, 252B.4, 252B.5, 31 5 252B.20, 252C.1, 252D.8, 252E.1, 422.9, 541A.2, and 598.22A. 31 6 2. If the Code editor deems the revisions to be 31 7 appropriate, the Code editor shall revise references to the 31 8 "job opportunities and basic skills program" to instead refer 31 9 to the "promoting independence and self-sufficiency through 31 10 employment job opportunities and basic skills program" and to 31 11 comparable references in chapter 239B, as enacted by this Act. 31 12 The reference revisions shall include but are not limited to 31 13 the following sections: 84A.6, 217.30, 239A.1, and 541A.2. 31 14 3. In lieu of revising a reference under this section, the 31 15 Code editor may instead submit a coordinating amendment in a 31 16 Code editor's bill for the 1998 or 1999 legislative session. 31 17 Sec. 33. ADMINISTRATIVE RULES. Administrative rules of 31 18 the department of human services in effect on the effective 31 19 date of this Act which provide for medical assistance 31 20 eligibility based upon receipt of assistance under the family 31 21 investment program shall be deemed to apply the definition of 31 22 family investment program in section 249A.2, subsection 4A, as 31 23 enacted by this Act. 31 24 Sec. 34. EFFECTIVE DATE. This division of this Act, being 31 25 deemed of immediate importance, takes effect upon enactment. 31 26 However, the department of human services shall implement the 31 27 following provisions on or after the date indicated: 31 28 1. The department shall include a second cousin as a 31 29 specified relative as provided in section 239B.1, subsection 31 30 12, paragraph "n", as enacted in this Act, beginning July 1, 31 31 1997. 31 32 2. The department shall phase in the required 31 33 participation in a family investment agreement for individuals 31 34 who meet the conditions described in paragraph "a" or "b". 31 35 The phase-in shall be implemented in a manner so that the 32 1 required participation applies to all family investment 32 2 program participants on or before July 1, 1998. The phase-in 32 3 of the required participation applies to individuals who meet 32 4 either of the following conditions: 32 5 a. The individual is a parent or specified relative of a 32 6 child who is less than three months of age and began caring 32 7 for the child before a referral of the individual to the job 32 8 opportunities and basic skills program. 32 9 b. The individual is working thirty hours or more per week 32 10 and began working before a referral of the individual to the 32 11 job opportunities and basic skills program. 32 12 DIVISION II 32 13 Sec. 35. Section 239B.7, subsection 4, as enacted by this 32 14 Act, is amended by striking the subsection. 32 15 Sec. 36. EFFECTIVE DATE AND APPLICABILITY. This division 32 16 of this Act takes effect October 1, 1997. However, the 32 17 earnings disregard under section 239B.7, subsection 4, as 32 18 enacted in this Act, shall remain applicable for the full 32 19 period of time for those individuals who are eligible for the 32 20 employment earnings disregard as of September 30, 1997. 32 21 32 22 32 23 32 24 MARY E. KRAMER 32 25 President of the Senate 32 26 32 27 32 28 32 29 RON J. CORBETT 32 30 Speaker of the House 32 31 32 32 I hereby certify that this bill originated in the Senate and 32 33 is known as Senate File 516, Seventy-seventh General Assembly. 32 34 32 35 33 1 33 2 MARY PAT GUNDERSON 33 3 Secretary of the Senate 33 4 Approved , 1997 33 5 33 6 33 7 33 8 TERRY E. BRANSTAD 33 9 Governor
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