Text: SSB00202 Text: SSB00204 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 239B.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Applicant" means a person who files an application for 1 5 participation in the family investment program under this 1 6 chapter. 1 7 2. "Assistance" means a family investment program payment. 1 8 3. "Child" means an unmarried person who is less than 1 9 eighteen years of age or an unmarried person who is eighteen 1 10 years of age and is engaged full-time in completing high 1 11 school graduation or equivalency requirements in a manner 1 12 which is reasonably expected to result in completion of the 1 13 requirements prior to the person reaching nineteen years of 1 14 age. 1 15 4. "Department" means the department of human services. 1 16 5. "Family" means a family unit that includes at least one 1 17 child and at least one parent or other specified relative of 1 18 the child. 1 19 6. "Family investment agreement" means the agreement 1 20 developed with a participant in accordance with section 1 21 239B.8. 1 22 7. "Family investment program" means the family investment 1 23 program under this chapter. 1 24 8. "Limited benefit plan" means a period of time in which 1 25 a participant or member of a participant's family is either 1 26 eligible for reduced assistance only or ineligible for any 1 27 assistance under the family investment program, in accordance 1 28 with section 239B.9. 1 29 9. "Minor parent" means an applicant or participant parent 1 30 who is less than eighteen years of age and has never been 1 31 married. 1 32 10. "Participant" means a person who is receiving full or 1 33 partial family investment program assistance. 1 34 11. "PROMISE JOBS program" or "JOBS program" means the 1 35 promoting independence and self-sufficiency through employment 2 1 job opportunities and basic skills program created in section 2 2 239B.17. 2 3 12. "Specified relative" means a person who is or was at 2 4 any time, one of the following relatives of an applicant or 2 5 participant child, by means of blood relationship, marriage, 2 6 or adoption, or is a spouse of one of the following relatives: 2 7 a. Parent. 2 8 b. Grandparent. 2 9 c. Great-grandparent. 2 10 d. Great-great-grandparent. 2 11 e. Stepparent of the child, but not the parent of the 2 12 stepparent. 2 13 f. Sibling. 2 14 g. Stepsibling. 2 15 h. Sibling by at least the half blood. 2 16 i. Uncle or aunt by at least the half blood. 2 17 j. Great-uncle or great-aunt. 2 18 k. Great-great-uncle or great-great-aunt. 2 19 l. First cousin. 2 20 m. Nephew or niece. 2 21 Sec. 2. NEW SECTION. 239B.2 CONDITIONS OF ELIGIBILITY. 2 22 Within available funding, the department shall make 2 23 assistance available to eligible families under the family 2 24 investment program. At a minimum, a family shall meet all of 2 25 the following conditions of eligibility: 2 26 1. APPLICATION. An application for the program is made to 2 27 the department. The application shall be in writing or 2 28 reduced to writing in the manner and upon the form prescribed 2 29 by the department. The application shall be made by the 2 30 specified relative with whom the child resides or will reside, 2 31 and shall contain the information required on the application 2 32 form. One application may be made for several children of the 2 33 same family if the children reside or will reside with the 2 34 same specified relative. 2 35 2. INCOME AND RESOURCES. The family meets income and 3 1 resource guidelines established by the department to attain or 3 2 retain financial eligibility. In determining a family's 3 3 income and resources, the department shall consider the income 3 4 and resources of the child, the child's parent, the child's 3 5 stepparent living with the child, or any other specified 3 6 relative with whom the child resides or will reside available 3 7 to the family unless specifically exempted as provided in 3 8 section 239B.7 or by rule or unless otherwise provided by 3 9 federal law. A family's failure to meet the income or 3 10 resource guidelines shall result in denial of the family's 3 11 eligibility for the program. 3 12 3. UNEMPLOYMENT. A determination of eligibility for a 3 13 family with an unemployed parent shall not include 3 14 consideration of either parent's number of hours of employment 3 15 except to establish the date assistance would begin in 3 16 accordance with rules. However, both parents must enter into 3 17 and participate in a family investment agreement and 3 18 participate in JOBS program activities unless good cause not 3 19 to participate is established in accordance with rules. For 3 20 the purposes of this chapter, an applicant family with a 3 21 parent who is partially or totally unemployed under any of the 3 22 following circumstances shall not be considered to be 3 23 unemployed: 3 24 a. The period of unemployment is less than thirty days 3 25 prior to commencing participation under this chapter. 3 26 b. The parent is partially or totally unemployed due to a 3 27 work stoppage which exists because of a labor dispute at the 3 28 factory, establishment, or other premises at which the parent 3 29 is or was last employed. 3 30 c. At any time during the thirty-day period prior to 3 31 commencing participation under this chapter, the parent has 3 32 not been available for employment, has not actively sought 3 33 employment, or has without good cause refused any bona fide 3 34 offer of employment or training for employment. Any of the 3 35 following reasons for refusing employment or training are not 4 1 good cause: 4 2 (1) Unsuitable or unpleasant work or training, if the 4 3 parent is able to perform the work or training without unusual 4 4 danger to the parent's health. 4 5 (2) The amount of wages or compensation, unless the wages 4 6 for employment are below the amount customary for the same 4 7 work in the community. 4 8 d. The parent has not registered for work with the state 4 9 employment service established pursuant to section 96.12, or 4 10 after registration has failed to report at an employment 4 11 office in accordance with regulations prescribed pursuant to 4 12 section 96.4, subsection 1. 4 13 e. The parent is eligible but refuses to apply for or to 4 14 draw upon unemployment benefits. 4 15 f. The parent or family fails to meet other requirements 4 16 adopted by the department applicable to the applicant parent 4 17 or family. The other requirements shall be limited to those 4 18 necessary to meet federal requirements and may be in addition 4 19 to or in lieu of the requirements of this subsection, for 4 20 eligibility under this chapter to children whose parents are 4 21 partially or totally unemployed. 4 22 4. FAMILY INVESTMENT AGREEMENT. Unless exempt as provided 4 23 in section 239B.8, a family which is eligible for the program 4 24 shall enter into a family investment agreement with the 4 25 department. A family must comply with the conditions in the 4 26 agreement in order to attain or retain eligibility. 4 27 5. PROVISION OF INFORMATION. The family provides 4 28 requested information to the department. The department shall 4 29 adopt rules specifying the conditions under which an applicant 4 30 or participant family is denied eligibility for family 4 31 investment program assistance for failure to provide requested 4 32 information. 4 33 6. COOPERATION WITH CHILD SUPPORT REQUIREMENTS. The 4 34 department shall provide for prompt notification of the 4 35 department's child support recovery unit if assistance is 5 1 provided to a child whose parent is absent from the home. An 5 2 applicant or participant shall cooperate with the child 5 3 support recovery unit and the department as provided in 42 5 4 U.S.C. } 608(a)(2) unless the applicant or participant 5 5 qualifies for good cause or other exception as determined by 5 6 the department in accordance with the best interest of the 5 7 child and with standards prescribed by rule. If a specified 5 8 relative with whom a child is residing fails to comply with 5 9 these cooperation requirements, a sanction shall be imposed as 5 10 defined by rule in accordance with federal law. 5 11 7. PERIODIC REVIEWS. As a condition of eligibility, the 5 12 department may require periodic reports from a participant 5 13 concerning the participant's income, resources, family 5 14 composition, and other circumstances. If the participant's 5 15 circumstances change, the participant's assistance may be 5 16 continued, renewed, suspended, changed in amount, or entirely 5 17 withdrawn, as determined in accordance with rule. 5 18 8. OUT-OF-STATE ASSISTANCE. Assistance shall be paid to a 5 19 participant residing temporarily out-of-state if the 5 20 participant retains residency in this state and remains 5 21 otherwise eligible for assistance. The department shall 5 22 periodically redetermine the eligibility of a participant who 5 23 is temporarily residing out-of-state. 5 24 Sec. 3. NEW SECTION. 239B.3 CASH ASSISTANCE. 5 25 1. a. Within available funding, the department shall 5 26 provide an ongoing cash assistance grant under the family 5 27 investment program to a family eligible under section 239B.2. 5 28 b. For an eligibility decision involving an applicant 5 29 family with a specified relative, within thirty days of the 5 30 date of an application, the department shall issue a notice of 5 31 the department's decision to the specified relative. 5 32 2. For an applicant or participant family, the department 5 33 shall calculate and pay the cash assistance grant on a monthly 5 34 basis, taking into consideration all of the following: 5 35 a. The income and resources of the family. 6 1 b. Whether the family has entered into a limited benefit 6 2 plan. 6 3 c. The size of the family. 6 4 d. Available funding. 6 5 3. The department may pay cash assistance and other cash 6 6 benefits paid under this chapter by warrant, through a direct 6 7 deposit to a financial institution of a participant, or 6 8 through an electronic benefits transfer. 6 9 4. The department may pay, from funds appropriated for 6 10 this purpose, a maximum of four hundred dollars toward funeral 6 11 expenses on the death of a child who is a participant or has 6 12 been authorized to participate in the family investment 6 13 program, provided both of the following conditions apply: 6 14 a. The decedent does not leave an estate which may be 6 15 probated with sufficient proceeds to allow for payment of the 6 16 funeral expenses. 6 17 b. Payments which are due the decedent's estate or 6 18 beneficiary by reason of the liability of a life insurance, 6 19 death or funeral benefit company, association, or society, or 6 20 in the form of United States social security, railroad 6 21 retirement, or veterans' benefits upon the death of the 6 22 decedent, are deducted from the department's payment under 6 23 this section. 6 24 Sec. 4. NEW SECTION. 239B.4 DEPARTMENTAL ROLE. 6 25 1. The department is the state entity designated to 6 26 administer federal funds received for purposes of the family 6 27 investment program and the JOBS program under this chapter, 6 28 including, but not limited to, the funding received under the 6 29 federal temporary assistance for needy families block grant as 6 30 authorized under the federal Personal Responsibility and Work 6 31 Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 6 32 and as such is the lead agency in preparing and filing state 6 33 plans, state plan amendments, and other reports required by 6 34 federal law. 6 35 2. The department is responsible for a management 7 1 information system, eligibility determination, participant 7 2 grant calculations and issuance of payments, contracting for 7 3 services, provision of an appeal or resolution process to 7 4 applicants and participants, determining the suitability of a 7 5 family home maintained by a specified relative applicant or 7 6 participant, and other activities as necessary to administer 7 7 the family investment program and the JOBS program. 7 8 3. The department may adopt rules pursuant to chapter 17A 7 9 as necessary to administer this chapter. 7 10 Sec. 5. NEW SECTION. 239B.5 COMPLIANCE WITH FEDERAL LAW. 7 11 1. If, as a condition of receiving federal funding for the 7 12 family investment program, federal law requires the 7 13 implementation and administration of certain activities, the 7 14 department shall proceed to implement and administer those 7 15 provisions, even if in conflict with other existing state law. 7 16 2. The department may submit waiver requests to the United 7 17 States department of health and human services as necessary to 7 18 implement and administer any provision under this chapter, or 7 19 to implement any subsequent initiative that requires a waiver 7 20 from federal law. 7 21 Sec. 6. NEW SECTION. 239B.6 ASSIGNMENT OF SUPPORT RIGHTS 7 22 OR BENEFITS. 7 23 1. An assignment of support rights to the department is 7 24 created by either of the following: 7 25 a. An applicant and other persons covered by an 7 26 application are deemed to have assigned to the department at 7 27 the time of application all rights to periodic support 7 28 payments to the extent of the amount of assistance received by 7 29 the applicant and by other persons covered by the application. 7 30 b. A determination that a child or another person covered 7 31 by an application is eligible for assistance under this 7 32 chapter creates an assignment by operation of law to the 7 33 department of all rights to periodic support payments not to 7 34 exceed the amount of assistance received by the child and 7 35 other persons covered by the application. 8 1 2. An assignment takes effect upon determination that an 8 2 applicant or another person covered by an application is 8 3 eligible for assistance under this chapter, applies to both 8 4 current and accrued support obligations, and terminates when 8 5 an applicant or another person covered by an application 8 6 ceases to receive assistance under this chapter, except with 8 7 respect to the amount of unpaid support obligations accrued 8 8 under the assignment. If an applicant or another person 8 9 covered by an application ceases to receive assistance under 8 10 this chapter and the applicant or other person covered by the 8 11 application receives a periodic support payment, subject to 8 12 limitations under federal law, the department is entitled only 8 13 to that amount of the periodic support payment above the 8 14 current periodic support obligation. 8 15 3. Assistance paid or payable under this chapter is not 8 16 transferable or assignable at law or in equity, and none of 8 17 the assistance paid or payable is subject to execution, levy, 8 18 attachment, garnishment, or other legal process, or to the 8 19 operation of any bankruptcy or insolvency law. 8 20 Sec. 7. NEW SECTION. 239B.7 INCOME AND RESOURCE 8 21 EXEMPTIONS, DEDUCTIONS, AND DISREGARDS. 8 22 In determining a family's income and resources for purposes 8 23 of the family's initial and continuing eligibility for 8 24 assistance and for determining grant amounts, the provisions 8 25 of this section shall apply to the family and individual 8 26 family members. 8 27 1. WORK EXPENSE DEDUCTION. If an individual's earned 8 28 income is considered by the department, the individual shall 8 29 be allowed a work expense deduction equal to twenty percent of 8 30 the earned income. The work expense deduction is intended to 8 31 include all work-related expenses other than child day care. 8 32 These expenses shall include but are not limited to all of the 8 33 following: taxes, transportation, meals, uniforms, and other 8 34 work-related expenses. However, the work expense deduction 8 35 shall not be allowed for an individual who is subject to a 9 1 sanction for failure to comply with family investment program 9 2 requirements. 9 3 2. WORK-AND-EARN INCENTIVE. If an individual's earned 9 4 income is considered by the department, the individual shall 9 5 be allowed a work-and-earn incentive. The incentive shall be 9 6 equal to fifty percent of the amount of earned income 9 7 remaining after all other deductions are applied. The 9 8 department shall disregard the incentive amount when 9 9 considering the earned income available to the individual. 9 10 The incentive shall not have a time limit. The work-and-earn 9 11 incentive shall not be withdrawn as a penalty for failure to 9 12 comply with family investment program requirements. 9 13 3. CHILD DAY CARE DEDUCTION. A family shall be allowed a 9 14 child day care deduction as specified in rules. A family with 9 15 a stepparent shall be allowed a child day care deduction for 9 16 any children of the stepparent or the parent, subject to the 9 17 limits provided in applicable rules. 9 18 4. EMPLOYMENT EARNINGS DISREGARD. If an individual begins 9 19 employment but was unemployed for at least twelve months 9 20 before beginning employment and timely reports the earnings 9 21 from the employment, the earnings shall be subject to an 9 22 income disregard. This income disregard shall apply in 9 23 determining the individual's eligibility and cash grant levels 9 24 under the family investment program during the individual's 9 25 first four months of employment. To be eligible for the 9 26 income disregard, the employment must commence following the 9 27 date of the individual's application for the family investment 9 28 program. The department shall adopt rules defining the term 9 29 "unemployed" for the purposes of this subsection. The income 9 30 disregard shall not be withdrawn as a penalty for failure to 9 31 comply with family investment program requirements. 9 32 5. INCOME CONSIDERATION. If an individual has timely 9 33 reported an absence of income to the department, consideration 9 34 of the individual's income shall cease beginning in the first 9 35 month the income is absent. However, this provision shall not 10 1 apply to an individual who has quit employment without good 10 2 cause as defined in rules. 10 3 6. INTEREST INCOME. Interest income shall be disregarded. 10 4 7. INDIVIDUAL DEVELOPMENT ACCOUNT DEPOSITS. The 10 5 department shall disregard as income any moneys an individual 10 6 deposits in an individual development account established 10 7 pursuant to chapter 541A. 10 8 8. MOTOR VEHICLE DISREGARD. The department shall 10 9 disregard the first three thousand eight hundred eighty-nine 10 10 dollars in equity value of a motor vehicle. Beginning July 1, 10 11 1997, and continuing in succeeding fiscal years, the motor 10 12 vehicle equity value disregarded by the department shall be 10 13 increased by the latest increase in the consumer price index 10 14 for used vehicles during the previous state fiscal year. This 10 15 disregard shall be applicable to each adult and to each 10 16 working individual in a family who is nineteen years of age or 10 17 younger. The amount of a motor vehicle's equity in excess of 10 18 the amount of the motor vehicle disregard shall apply to the 10 19 resource limitation established in subsection 10. 10 20 9. RESOURCE LIMITATION. 10 21 a. The resource limitation for an applicant family for the 10 22 family investment program shall be two thousand dollars. 10 23 b. The resource limitation for a participant family shall 10 24 be five thousand dollars. 10 25 c. The department shall disregard not more than ten 10 26 thousand dollars of a self-employed individual's tools of the 10 27 trade or capital assets in considering the individual's 10 28 resources. 10 29 10. INDIVIDUAL DEVELOPMENT ACCOUNT EARNINGS AND BALANCE. 10 30 The department shall disregard any earnings and the balance of 10 31 an individual development account established pursuant to 10 32 chapter 541A in considering an individual's resources. 10 33 Sec. 8. NEW SECTION. 239B.8 FAMILY INVESTMENT 10 34 AGREEMENTS. 10 35 The department shall establish a policy regarding the 11 1 implementation of family investment agreements which limits 11 2 the period of eligibility for the family investment program 11 3 based upon the requirements of a family's plan for self- 11 4 sufficiency. The policy shall require a family's plan to be 11 5 specified in a family investment agreement between the family 11 6 and the department. The department shall adopt rules to 11 7 administer the policy. The components of the policy shall 11 8 include but are not limited to all of the following: 11 9 1. PARTICIPATION – EXEMPTIONS. A parent living in a home 11 10 with a child for whom an application for family investment 11 11 program assistance has been made or for whom the assistance is 11 12 provided, and all other individual members of the family whose 11 13 needs are included in the assistance shall be subject to a 11 14 family investment agreement unless any of the following 11 15 conditions exists: 11 16 a. The individual is a parent or specified relative of a 11 17 child who is less than three months of age. If both parents 11 18 are in the child's home, this exemption shall apply to only 11 19 one parent. This exemption does not apply to parents who are 11 20 nineteen years of age or less. This exemption does not apply 11 21 when the individual begins caring for a child less than three 11 22 months old after referral to the JOBS program. 11 23 b. The individual is working thirty hours or more per 11 24 week. This exemption does not apply to parents who are 11 25 nineteen years of age or less. This exemption does not apply 11 26 to an individual who begins working after referral to the JOBS 11 27 program. 11 28 c. The individual is completely unable to participate in 11 29 any agreement option due to disability. 11 30 d. The individual is less than sixteen years of age and is 11 31 not a parent. 11 32 e. The individual is sixteen through eighteen years of 11 33 age, is not a parent, and is attending elementary or secondary 11 34 school, or the equivalent level of vocational or technical 11 35 school, on a full-time basis. 12 1 2. AGREEMENT OPTIONS. A family investment agreement shall 12 2 require an individual to participate in one or more of the 12 3 options enumerated in this subsection. An individual's level 12 4 of participation in one or more of the options shall be 12 5 equivalent to the level of commitment required for full-time 12 6 employment or shall be significant so as to move the 12 7 individual's level of participation toward that level. The 12 8 department shall adopt rules for each option defining 12 9 requirements and establishing assistance provisions for child 12 10 day care, transportation, and other support services. The 12 11 options shall include but are not limited to all of the 12 12 following: 12 13 a. Full-time or part-time employment. 12 14 b. Active job search. 12 15 c. Participation in the JOBS program. 12 16 d. Participation in other education or training 12 17 programming. 12 18 e. Participation in a family development and self- 12 19 sufficiency grant program under section 217.12 or other family 12 20 development program. 12 21 f. Work experience placement. 12 22 g. Unpaid community service. Community service shall be 12 23 authorized in any nonprofit association which has been 12 24 determined under section 501(c)(3) of the Internal Revenue 12 25 Code to be exempt from taxation or in any government agency. 12 26 Upon request, the department shall provide a listing of 12 27 potential community service placements to an individual. 12 28 However, an individual shall locate the individual's own 12 29 placement and perform the number of hours required by the 12 30 agreement. The individual shall file a monthly report with 12 31 the department which is signed by the director of the 12 32 community service placement verifying the community service 12 33 hours performed by the individual during that month. The 12 34 department shall develop a form for this purpose. 12 35 h. Any other arrangement which would strengthen the 13 1 individual's ability to be a better parent, including but not 13 2 limited to participation in a parenting education program. An 13 3 individual who is not a parent that is nineteen years of age 13 4 or younger must simultaneously participate in at least one 13 5 other option enumerated in this subsection. 13 6 3. LIMITED BENEFIT PLAN. If a participant fails to comply 13 7 with the provisions of the participant's family investment 13 8 agreement during the period of the agreement, the limited 13 9 benefit plan provisions of section 239B.9 shall apply. 13 10 4. COMPLETION OF AGREEMENT. 13 11 a. Upon the completion of the terms of the agreement, 13 12 family investment program assistance to a participant family 13 13 covered by the agreement shall cease or be reduced in 13 14 accordance with rules. 13 15 b. However, if the period in which a participant family is 13 16 without cash assistance is one month or less and the 13 17 participant family has not become exempt from JOBS program 13 18 participation at the time the participant family reapplies for 13 19 cash assistance, the participant family's family investment 13 20 agreement shall be reinstated at the time the participant 13 21 family reapplies. The reinstated agreement may be revised to 13 22 accommodate changed circumstances present at the time of 13 23 reapplication. 13 24 c. The department shall adopt rules to administer this 13 25 subsection and to determine when a family is eligible to 13 26 reenter the family investment program. 13 27 5. CONTRACTS. The department may contract with the 13 28 department of workforce development, department of economic 13 29 development, or any other entity to provide services relating 13 30 to a family investment agreement. 13 31 6. CONFIDENTIAL INFORMATION DISCLOSURE. The department 13 32 may disclose confidential information described in section 13 33 217.30, subsection 1, to other state agencies or to any other 13 34 entity which is not subject to the provisions of chapter 17A 13 35 and is providing services to a participant family who is 14 1 subject to a family investment agreement, if necessary in 14 2 order for the participant family to receive the services. The 14 3 department shall adopt rules establishing standards for 14 4 disclosure of confidential information if disclosure is 14 5 necessary in order for a participant to receive services. 14 6 Sec. 9. NEW SECTION. 239B.9 LIMITED BENEFIT PLAN. 14 7 1. GENERAL PROVISIONS. If a participant responsible for 14 8 signing and fulfilling the terms of a family investment 14 9 agreement, as defined by the director of human services in 14 10 accordance with section 239B.8, chooses not to sign or fulfill 14 11 the terms of the agreement, the participant's family, or the 14 12 individual participant shall enter into a limited benefit 14 13 plan. A limited benefit plan shall apply for the period of 14 14 time specified in this section. The first month of the 14 15 limited benefit plan is the first month after the month in 14 16 which timely and adequate notice of the limited benefit plan 14 17 is given to the participant as defined by the director of 14 18 human services. A participant who is exempt from the JOBS 14 19 program but who volunteers for the program is not subject to 14 20 imposition of a limited benefit plan. The elements of a 14 21 limited benefit plan shall be specified in the department's 14 22 rules. 14 23 2. PLAN APPLIED. The department shall apply the limited 14 24 benefit plan to the participants responsible for the family 14 25 investment agreement and other members of the participant's 14 26 family as follows: 14 27 a. PARENT. If the participant responsible for the family 14 28 investment agreement is a parent or a specified relative, for 14 29 a first limited benefit plan, the participant's family is 14 30 eligible for up to three months of reduced assistance based on 14 31 the needs of the children only. At the end of the three-month 14 32 period of reduced assistance, the family becomes ineligible 14 33 for assistance for a six-month period. For a second or 14 34 subsequent limited benefit plan chosen by the same participant 14 35 a six-month period of ineligibility applies beginning with the 15 1 effective date of the limited benefit plan. If the family 15 2 reapplies for assistance after a six-month ineligibility 15 3 period, eligibility shall be established in the same manner as 15 4 for any other new applicant. A limited benefit plan imposed 15 5 in error shall not be considered a first limited benefit plan. 15 6 b. NEEDY RELATIVE PAYEE. If the participant choosing a 15 7 limited benefit plan is a needy relative who acts as payee 15 8 when the parent is in the home but is unable to act as payee, 15 9 or is a dependent child's stepparent whose needs are included 15 10 in the assistance because of incapacity or caregiving, the 15 11 limited benefit plan shall apply only to the individual 15 12 participant choosing the plan. The individual participant 15 13 choosing the limited benefit plan is ineligible for nine 15 14 months from the effective date of the limited benefit plan. 15 15 For a second or subsequent limited benefit plan chosen by the 15 16 same individual participant, a six-month period of 15 17 ineligibility applies beginning with the effective date of the 15 18 limited benefit plan. 15 19 c. MINOR PARENT LIVING WITH ADULT PARENT OR SPECIFIED 15 20 RELATIVE. If the participant family includes a minor parent 15 21 living with the minor parent's adult parent or specified 15 22 relative who receives family investment program assistance and 15 23 both individuals are responsible for developing a family 15 24 investment agreement, each individual is responsible for a 15 25 separate family investment agreement, and the limited benefit 15 26 plan shall be applied as follows: 15 27 (1) If the adult parent or specified relative chooses the 15 28 limited benefit plan, the requirements of the limited benefit 15 29 plan shall apply to the entire participant family, even though 15 30 the minor parent has not chosen the limited benefit plan. 15 31 However, the minor parent may reapply for assistance as a 15 32 minor parent living with self-supporting parents or living 15 33 independently and continue in the family investment agreement 15 34 process. 15 35 (2) If the minor parent chooses the limited benefit plan, 16 1 the requirements of the limited benefit plan shall apply to 16 2 the minor parent and any child of the minor parent. 16 3 d. MINOR PARENT – ONLY CHILD. If the minor parent is the 16 4 only child in the adult parent or specified relative's home 16 5 and the minor parent chooses the limited benefit plan, 16 6 assistance shall not be paid to the adult parent or specified 16 7 relative in this instance. 16 8 e. CHILDREN WHO ARE MANDATORY JOBS PROGRAM PARTICIPANTS. 16 9 If the participant family includes children who are mandatory 16 10 JOBS program participants, the children shall not have a 16 11 separate family investment agreement but shall be asked to 16 12 sign the family investment agreement applicable to the family 16 13 and to carry out the responsibilities of that family 16 14 investment agreement. A limited benefit plan shall be applied 16 15 as follows: 16 16 (1) If the parent or specified relative responsible for a 16 17 family investment agreement meets the responsibilities of the 16 18 family investment agreement but a child who is a mandatory 16 19 JOBS program participant chooses an individual limited benefit 16 20 plan, the family is eligible for reduced assistance during the 16 21 child's limited benefit plan. However, the child, as part of 16 22 the family, is ineligible for nine months for a first limited 16 23 benefit plan and six months for a second or subsequent limited 16 24 benefit plan. 16 25 (2) If the child who chooses a limited benefit plan under 16 26 subparagraph (1) is the only child in the participant family, 16 27 assistance shall not be paid to the adult parent, parents, or 16 28 specified relative in this instance. 16 29 f. EXEMPT PARENT. If a participant family includes a 16 30 parent, parents, or specified relative who are exempt from 16 31 JOBS program participation and children who are mandatory JOBS 16 32 program participants, the children are responsible for 16 33 completing a family investment agreement. If a child who is a 16 34 mandatory JOBS program participant chooses the limited benefit 16 35 plan, the limited benefit plan shall be applied in the manner 17 1 provided in paragraph "e". 17 2 g. TWO PARENTS. If the participant family includes two 17 3 parents, a limited benefit plan shall be applied as follows: 17 4 (1) If only one parent of a child in the family is 17 5 responsible for a family investment agreement and that parent 17 6 chooses the limited benefit plan, the limited benefit plan 17 7 cannot be ended by the voluntary participation in a family 17 8 investment agreement by the exempt parent. However, the 17 9 exempt parent may continue to be included in the participant 17 10 family's grant during the three-month reduced assistance 17 11 period by volunteering to participate in the JOBS family 17 12 investment program-unemployed parent work program. If a 17 13 second or subsequent limited benefit plan is chosen by either 17 14 parent, the family becomes ineligible for a six-month period 17 15 beginning with the effective date of the limited benefit plan. 17 16 (2) If both parents of a child in the family are 17 17 responsible for a family investment agreement, both parents 17 18 shall sign the agreement. If either parent chooses the 17 19 limited benefit plan, the limited benefit plan cannot be ended 17 20 by the participation of the other parent in a family 17 21 investment agreement. However, the other parent may continue 17 22 to be included in the family's grant during the three-month 17 23 reduced assistance period by participating in the JOBS family 17 24 investment program-unemployed parent work program. If a 17 25 second or subsequent limited benefit plan is chosen by either 17 26 parent, the family becomes ineligible for a six-month period 17 27 beginning with the effective date of the limited benefit plan. 17 28 (3) If the parents from a two-parent family in a limited 17 29 benefit plan separate, the limited benefit plan shall follow 17 30 only the parent who chose the limited benefit plan and any 17 31 children in the home of that parent. 17 32 3. PLAN CHOSEN. A participant shall be considered to have 17 33 chosen a limited benefit plan under any of the following 17 34 circumstances: 17 35 a. A participant who does not establish an orientation 18 1 appointment with the JOBS program or who fails to keep or 18 2 reschedule an orientation appointment shall receive a reminder 18 3 letter which informs the participant that those who do not 18 4 attend orientation have elected to choose a limited benefit 18 5 plan. A participant who chooses not to respond to the 18 6 reminder letter within ten calendar days from the mailing date 18 7 shall receive notice establishing the effective date of the 18 8 limited benefit plan, the beginning date of the period of 18 9 reduced assistance, and the beginning and ending dates of the 18 10 six-month period of ineligibility. If a participant is deemed 18 11 to have chosen a limited benefit plan, timely and adequate 18 12 notice provisions, as determined by the director of human 18 13 services, shall apply. 18 14 b. A participant who chooses not to sign the family 18 15 investment agreement after attending a JOBS program 18 16 orientation shall enter into a limited benefit plan as 18 17 described in paragraph "a". 18 18 c. A participant who has signed a family investment 18 19 agreement but then chooses a limited benefit plan under 18 20 circumstances defined by the director of human services. 18 21 4. RECONSIDERATION. A participant who chooses a limited 18 22 benefit plan may reconsider that choice as follows: 18 23 a. A participant who chooses a first limited benefit plan 18 24 rather than sign a family investment agreement shall have the 18 25 entire three-month period of reduced assistance following the 18 26 effective date of the limited benefit plan to reconsider and 18 27 begin development of the family investment agreement. The 18 28 participant may contact the department or the appropriate JOBS 18 29 program office anytime during the first three months of the 18 30 limited benefit plan to begin the reconsideration process. 18 31 Although family investment program assistance shall not begin 18 32 until the participant signs a family investment agreement 18 33 during the JOBS program orientation and assessment process, 18 34 retroactive assistance shall be issued as defined by the 18 35 director of human services. A limited benefit plan imposed in 19 1 error shall not be considered a first limited benefit plan. 19 2 b. A participant who signs a family investment agreement 19 3 but does not carry out the family investment agreement 19 4 responsibilities shall be deemed to have chosen a limited 19 5 benefit plan and shall not be allowed to reconsider that 19 6 choice. 19 7 c. A participant who chooses a second or subsequent 19 8 limited benefit plan shall not be allowed to reconsider that 19 9 choice. 19 10 5. WELL-BEING VISIT. If a participant has chosen a 19 11 limited benefit plan, a qualified social services professional 19 12 shall attempt to visit with the participant to inquire into 19 13 the family's well-being. The visit shall be performed as an 19 14 extension of the family investment program and the family 19 15 investment agreement philosophy of supporting families as they 19 16 move toward self-sufficiency. The department may contract for 19 17 these services. The visit shall be made in accordance with 19 18 the following: 19 19 a. For a participant in a first limited benefit plan who 19 20 has the reconsideration option, a qualified social services 19 21 professional, as defined by the director of human services, 19 22 shall inquire into the well-being of the family during month 19 23 two of the period of reduced assistance. If the participant 19 24 who is responsible for a family investment agreement indicates 19 25 a desire to develop a family investment agreement, the 19 26 qualified social services professional shall assist the 19 27 participant in establishing an appointment with the 19 28 appropriate JOBS program office. 19 29 b. For a participant in a first limited benefit plan who 19 30 does not enter into the family investment agreement process 19 31 during the three-month reconsideration period, a qualified 19 32 social services professional shall make another inquiry as to 19 33 the well-being of the family during month four of the limited 19 34 benefit plan. 19 35 c. A participant who signs the family investment agreement 20 1 but does not carry out family investment agreement 20 2 responsibilities and, consequently, has chosen a first limited 20 3 benefit plan, shall not be allowed to reconsider that choice. 20 4 However, a social services professional shall inquire as to 20 5 the well-being of the family during month four of the limited 20 6 benefit plan. 20 7 d. A participant who has chosen a second or subsequent 20 8 limited benefit plan shall not be allowed to reconsider that 20 9 choice. However, a qualified social services professional 20 10 shall make inquiry into the well-being of the family during 20 11 month two of the limited benefit plan. 20 12 6. APPEAL. A participant has the right to appeal the 20 13 establishment of the limited benefit plan only once, except 20 14 for a first limited benefit plan two opportunities to appeal 20 15 shall be available. A participant in a first limited benefit 20 16 plan has the right to appeal the limited benefit plan at the 20 17 time the department issues timely and adequate notice 20 18 establishing the limited benefit plan, or at the time the 20 19 department issues the subsequent notice that establishes the 20 20 six-month period of ineligibility. A participant who has 20 21 chosen a second or subsequent limited benefit plan has the 20 22 right to appeal only at the time the department issues the 20 23 timely and adequate notice that establishes the six-month 20 24 period of ineligibility. However, if the reason for the 20 25 appeal is based on an incorrect grant computation, an error in 20 26 determining the composition of the family, or another worker 20 27 error, a hearing shall be granted, regardless of the person's 20 28 limited benefit plan status. 20 29 Sec. 10. NEW SECTION. 239B.10 MINOR AND YOUNG PARENTS – 20 30 OTHER REQUIREMENTS. 20 31 1. LIVING ARRANGEMENT. Unless any of the following 20 32 conditions apply, a minor parent shall be required to live 20 33 with the minor's parent or legal guardian: 20 34 a. The parent or guardian of the minor parent is deceased, 20 35 missing, or living in another state. 21 1 b. The minor parent's health or safety would be 21 2 jeopardized if the minor parent is required to live with the 21 3 parent or guardian. 21 4 c. The minor parent is in foster care. 21 5 d. The minor parent is participating in the job corps solo 21 6 parent program or independent living program. 21 7 e. Other good cause exists, which is identified in rules 21 8 adopted by the department for this purpose, for the minor 21 9 parent to participate in the family investment program while 21 10 living apart from the minor parent's parent or guardian. 21 11 2. FAMILY DEVELOPMENT. A minor parent who is a 21 12 participant and is not required to live with the minor 21 13 parent's parent or guardian pursuant to subsection 1 shall be 21 14 required to participate in a family development program 21 15 identified in rules adopted by the department. 21 16 3. PARENTING CLASSES. Participant parents who are 21 17 nineteen years of age or younger shall be required to attend 21 18 parenting classes. 21 19 4. EDUCATION. The department shall require, subject to 21 20 the availability of child day care for a minor parent's 21 21 children, that a minor parent must either have graduated from 21 22 high school or have received a high school equivalency 21 23 diploma, or be engaged full-time in completing high school 21 24 graduation or equivalency requirements. 21 25 5. EARNINGS DISREGARD. In determining family investment 21 26 program eligibility and calculating the amount of assistance, 21 27 the department shall disregard earnings of an applicant or a 21 28 participant who is nineteen years of age or younger who is 21 29 engaged full-time in completing high school graduation or 21 30 equivalency requirements. 21 31 6. FAMILY PLANNING. The department shall do all of the 21 32 following with newly eligible and existing participant 21 33 parents: 21 34 a. Discuss orally and in writing the financial 21 35 implications of newly born children on the participant's 22 1 family. 22 2 b. Discuss orally and in writing the available family 22 3 planning resources. 22 4 c. Include family planning counseling as an optional 22 5 component of the JOBS program. 22 6 d. Include the participant's family planning objectives in 22 7 the family investment agreement. 22 8 Sec. 11. NEW SECTION. 239B.11 FAMILY INVESTMENT PROGRAM 22 9 ACCOUNT. 22 10 An account is established in the state treasury to be known 22 11 as the family investment program account under control of the 22 12 department to which shall be credited all funds appropriated 22 13 by the state for the payment of assistance and JOBS program 22 14 expenditures. All other moneys received at any time for these 22 15 purposes, including child support revenues, shall be deposited 22 16 into the account as provided by law. All assistance and JOBS 22 17 program expenditures under this chapter shall be paid from the 22 18 account. 22 19 Sec. 12. NEW SECTION. 239B.12 IMMUNIZATION. 22 20 1. To the extent feasible, the department shall determine 22 21 the immunization status of children receiving assistance under 22 22 this chapter. The status shall be determined in accordance 22 23 with the immunization recommendations adopted by the Iowa 22 24 department of public health under section 139.9, including the 22 25 exemption provisions in section 139.9, subsection 4. If the 22 26 department determines a child is not in compliance with the 22 27 immunization recommendations, the department shall refer the 22 28 child's parent or guardian to a local public health agency for 22 29 immunization services for the child and other members of the 22 30 child's family. 22 31 2. The department of human services shall cooperate with 22 32 the Iowa department of public health to establish an 22 33 interagency agreement allowing the sharing of pertinent client 22 34 data, as permitted under federal law and regulation, for the 22 35 purposes of determining immunization rates of participants, 23 1 evaluating family investment program efforts to encourage 23 2 immunizations, and developing strategies to further encourage 23 3 immunization of participants. 23 4 Sec. 13. NEW SECTION. 239B.13 NEEDY RELATIVE PAYEE – 23 5 PROTECTIVE PAYEE – VENDOR PAYMENT. 23 6 1. The department may provide for a needy relative to act 23 7 as a payee when the parent of a participant family is in the 23 8 home but is unable to act as the payee. 23 9 2. The department may order the cash assistance under this 23 10 chapter to be paid to a protective payee if it has been 23 11 demonstrated that the specified relative with whom the child 23 12 is residing is unable to manage the assistance in the best 23 13 interest of the child. Protective payment of cash assistance 23 14 shall not be made beyond a period of two years. The 23 15 department may petition the district court sitting in probate 23 16 to establish, pursuant to chapter 633, a conservatorship over 23 17 a participant. If a conservatorship is established, the 23 18 participant's cash assistance shall be paid to the 23 19 conservator. In addition to the cash assistance, an amount 23 20 not to exceed ten dollars per case per month may be allowed 23 21 for conservatorship or guardianship fees if authorized by 23 22 court order. The department may pay cash assistance or other 23 23 cash benefits to a third party if the department determines 23 24 that a third-party payment is essential to assure the proper 23 25 use of the assistance or benefits. 23 26 Sec. 14. NEW SECTION. 239B.14 FRAUDULENT PRACTICES – 23 27 RECOVERY. 23 28 1. An individual who obtains, or attempts to obtain, or 23 29 aids or abets an individual to obtain, by means of a willfully 23 30 false statement or representation, or by impersonation, or any 23 31 fraudulent device, any assistance or other benefits under this 23 32 chapter to which the individual is not entitled, commits a 23 33 fraudulent practice. 23 34 2. An individual who commits a fraudulent practice under 23 35 this section is personally liable for the amount of assistance 24 1 or other benefits fraudulently obtained. The amount of the 24 2 assistance or other benefits may be recovered from the 24 3 offender or the offender's estate in an action brought or by 24 4 claim filed in the name of the state and the recovered funds 24 5 shall be deposited in the family investment program account. 24 6 The action or claim filed in the name of the state shall not 24 7 be considered an election of remedies to the exclusion of 24 8 other remedies. 24 9 Sec. 15. NEW SECTION. 239B.15 COUNTY ATTORNEY TO 24 10 ENFORCE. 24 11 Violations of law relating to the family investment program 24 12 shall be prosecuted by county attorneys. Area prosecutors of 24 13 the office of the attorney general shall provide prosecution 24 14 assistance. 24 15 Sec. 16. NEW SECTION. 239B.16 APPEAL – JUDICIAL REVIEW. 24 16 If an applicant's application is not acted upon within a 24 17 reasonable time, if it is denied in whole or in part, or if a 24 18 participant's assistance or other benefits under this chapter 24 19 are modified, suspended, or canceled under a provision of this 24 20 chapter, the applicant or participant may appeal to the 24 21 department of human services which shall request the 24 22 department of inspections and appeals to conduct a hearing. 24 23 Upon completion of a hearing, the department of inspections 24 24 and appeals shall issue a decision which is subject to review 24 25 by the department of human services. Judicial review of the 24 26 actions of the department of human services may be sought in 24 27 accordance with chapter 17A. Upon receipt of a notice of the 24 28 filing of a petition for judicial review, the department of 24 29 human services shall furnish the petitioner with a copy of any 24 30 papers filed in support of the petitioner's position, a 24 31 transcript of any testimony taken, and a copy of the 24 32 department's decision. 24 33 Sec. 17. NEW SECTION. 239B.17 PROMISE-JOBS PROGRAM. 24 34 1. PROGRAM ESTABLISHED. The promoting independence and 24 35 self-sufficiency through employment – job opportunities and 25 1 basic skills program is established for applicants and 25 2 participants of the family investment program. The 25 3 requirements of the JOBS program shall vary as provided in the 25 4 family investment agreement applicable to a family. The 25 5 department of workforce development, department of economic 25 6 development, department of education, and all other state, 25 7 county, and public educational agencies and institutions 25 8 providing vocational rehabilitation, adult education, or 25 9 vocational or technical training shall assist and cooperate in 25 10 the JOBS program. The departments, agencies, and institutions 25 11 shall make agreements and arrangements for maximum cooperation 25 12 and use of all available resources in the program. By mutual 25 13 agreement the department of human services may delegate any of 25 14 the department of human services' powers and duties under this 25 15 chapter to the department of workforce development or to the 25 16 department of economic development. 25 17 2. PROGRAM ACTIVITIES. The JOBS program shall include, 25 18 but is not limited to, provision of the following activities: 25 19 a. Placing applicants and participants in employment and 25 20 on-the-job training. 25 21 b. Institutional and work experience training for 25 22 applicants and participants for whom the training is likely to 25 23 lead to regular employment. 25 24 c. Special work projects for applicants and participants 25 25 for whom a job in the regular economy cannot be found. 25 26 d. Incentives, opportunities, services, and other benefits 25 27 to aid applicants and participants. 25 28 Sec. 18. NEW SECTION. 239B.18 JOBS PROGRAM 25 29 PARTICIPATION. 25 30 Except for participants who are exempt from the requirement 25 31 to enter into a family investment agreement under section 25 32 239B.8, a participant in the family investment program shall 25 33 participate in JOBS program activities as provided in the 25 34 participant's family investment agreement. A participant who 25 35 is exempt may voluntarily participate in the JOBS program. 26 1 Sec. 19. NEW SECTION. 239B.19 JOBS PROGRAM AVAILABILITY. 26 2 1. Within available funding, the department shall make 26 3 JOBS program services and benefits available to individuals 26 4 who are participating in the JOBS program. 26 5 2. An individual's efforts under the JOBS program to 26 6 attain a certificate of general educational development, high 26 7 school diploma, or adult basic literacy where the individual 26 8 has not previously received the certification shall be 26 9 optional except as otherwise required by this chapter or by 26 10 federal law. The department shall provide incentives to 26 11 encourage optional efforts to attain such certifications. 26 12 3. When needed, arrangements shall be made for the care of 26 13 children during the absence from the home of an individual 26 14 participating in the JOBS program. 26 15 Sec. 20. NEW SECTION. 239B.20 JOBS PROGRAM HEALTH AND 26 16 SAFETY. 26 17 The director shall establish and maintain reasonable 26 18 standards for health, safety, and other conditions under the 26 19 JOBS program. 26 20 Sec. 21. NEW SECTION. 239B.21 JOBS PROGRAM – WORKERS' 26 21 COMPENSATION LAW APPLICABLE. 26 22 A participant, with respect to employment performed under 26 23 the JOBS program, shall be covered by the workers' 26 24 compensation law or shall otherwise be provided with 26 25 comparable protection. 26 26 Sec. 22. NEW SECTION. 239B.22 JOBS PROGRAM – 26 27 PARTICIPANT NOT STATE EMPLOYEE. 26 28 A participant shall not be deemed to be an employee of the 26 29 state or any of its political subdivisions by reason of 26 30 participation in the JOBS program. However, this section 26 31 shall not prevent the participant from having the status of an 26 32 employee for the purposes of workers' compensation. 26 33 Sec. 23. NEW SECTION. 239B.23 CHILD DAY CARE PROVISIONS. 26 34 The following provisions involving child day care benefits 26 35 shall apply to individuals who no longer receive family 27 1 investment program assistance due to employment: 27 2 1. Eligibility for transitional child care benefits for a 27 3 period of twenty-four months. 27 4 2. The department shall automatically determine an 27 5 individual's eligibility for other child day care benefits if 27 6 the individual is not eligible for transitional child care or 27 7 eligibility for transitional child care benefits is exhausted. 27 8 Sec. 24. Section 249A.2, Code 1997, is amended by adding 27 9 the following new subsection: 27 10 NEW SUBSECTION. 4A. "Family investment program" means the 27 11 family investment program eligibility requirements 27 12 administered under chapter 239, Code 1997, as in effect on 27 13 July 16, 1996. 27 14 Sec. 25. Section 249A.3, subsection 1, paragraphs b, e, f, 27 15 and m, Code 1997, are amended to read as follows: 27 16 b. Isa recipient ofan individual who is eligible for the 27 17 family investment programpayments under chapter 239or is an 27 18 individual who would be eligible for unborn child payments 27 19 under the family investment program, as authorized by Title 27 20 IV-A of the federal Social Security Act, if the family 27 21 investment programunder chapter 239provided for unborn child 27 22 payments during the entire pregnancy. 27 23 e. Is a pregnant woman whose pregnancy has been medically 27 24 verified and who qualifies under either of the following: 27 25 (1) The woman would be eligible foracashpayment27 26 assistance under the family investment programunder chapter27 27239, if the child were born and living with the woman in the 27 28 month of payment. 27 29 (2) The woman meets the income and resource requirements 27 30 of the family investment programunder chapter 239, provided 27 31 the unborn child is considered a member of the household, and 27 32 the woman's family is treated as though deprivation exists. 27 33 f. Is a child who is less than seven years of age and who 27 34 meets the income and resource requirements of the family 27 35 investment programunder chapter 239. 28 1 m. Is an individual or family who is ineligible for the 28 2 family investment programunder chapter 239because of 28 3 requirements that do not apply under Title XIX of the federal 28 4 Social Security Act. 28 5 Sec. 26. Section 249A.3, subsection 1, Code 1997, is 28 6 amended by adding the following new paragraphs: 28 7 NEW PARAGRAPH. r. Is an individual who is no longer 28 8 eligible for the family investment program due to earned 28 9 income. The department shall provide transitional medical 28 10 assistance to the individual for the maximum period allowed 28 11 for federal financial participation under federal law. 28 12 NEW PARAGRAPH. s. Is an individual who is no longer 28 13 eligible for the family investment program due to the receipt 28 14 of child or spousal support. The department shall provide 28 15 transitional medical assistance to the individual for the 28 16 maximum period allowed for federal financial participation 28 17 under federal law. 28 18 Sec. 27. Section 249A.3, subsection 2, paragraph c, Code 28 19 1997, is amended to read as follows: 28 20 c. Individuals who are receiving care in an institution 28 21 for mental diseases, and who are under twenty-one years of age 28 22 and whose income and resources are such that they are eligible 28 23 for the family investment programunder chapter 239, or who 28 24 are sixty-five years of age or older and who meet the 28 25 conditions for eligibility in paragraph "a" of this 28 26 subsection. 28 27 Sec. 28. 28 28 1. Chapters 239 and 249C, Code 1997, are repealed. 28 29 2. Section 249A.17, Code 1997, is repealed. 28 30 Sec. 29. CODE EDITOR. 28 31 1. The Code editor shall revise references in the Code to 28 32 any section in chapter 239 to instead refer to the appropriate 28 33 section in chapter 239B. The references revised by the Code 28 34 editor pursuant to this section shall take effect July 1, 28 35 1997. The reference changes considered by the Code editor 29 1 shall include but are not limited to the following: sections 29 2 217.30, 234.6, 239A.1, 239A.3, 252B.3, 252B.4, 252B.5, 29 3 252B.20, 252C.1, 252D.8, 252E.1, 422.9, 541A.2, and 598.22A. 29 4 2. If the Code editor deems the revisions to be 29 5 appropriate, the Code editor shall revise references to the 29 6 "job opportunities and basic skills program" to instead refer 29 7 to the "promoting independence and self-sufficiency through 29 8 employment job opportunities and basic skills program" and to 29 9 comparable references in chapter 239B, as enacted by this Act. 29 10 The reference revisions shall include but are not limited to 29 11 the following sections: 84A.6, 217.30, 239A.1, and 541A.2. 29 12 3. In lieu of revising a reference under this section, the 29 13 Code editor may instead submit a coordinating amendment in a 29 14 Code editor's bill for the 1998 or 1999 legislative session. 29 15 Sec. 30. ADMINISTRATIVE RULES. Administrative rules of 29 16 the department of human services in effect on the effective 29 17 date of this Act which provide for medical assistance 29 18 eligibility based upon receipt of assistance under the family 29 19 investment program shall be deemed to apply the definition of 29 20 family investment program in section 249A.2, subsection 4A, as 29 21 enacted by this Act. 29 22 Sec. 31. EFFECTIVE DATE. This Act, being deemed of 29 23 immediate importance, takes effect upon enactment. 29 24 EXPLANATION 29 25 This bill revises provisions of the family investment and 29 26 job opportunities and basic skills programs administered by 29 27 the department of human services, amends certain child support 29 28 provisions, provides for fraudulent practices, amends related 29 29 medical assistance provisions, and provides effective dates. 29 30 New Code chapter 239B recreates the family investment 29 31 program. The chapter takes effect upon enactment. 29 32 New Code section 239B.1 provides definitions, including the 29 33 terms applicant, assistance, child, department of human 29 34 services, family, family investment program, family investment 29 35 agreement, limited benefit plan, minor parent, participant, 30 1 and specified relative. 30 2 The term "PROMISE JOBS program" or "JOBS program" is 30 3 defined as a modified acronym for the promoting independence 30 4 and self-sufficiency through employment job opportunities and 30 5 basic skills program created by the bill. 30 6 New Code section 239B.2 sets out conditions of eligibility 30 7 for the program, including application and periodic review 30 8 requirements, income and resources used to determine initial 30 9 and continuing eligibility, restriction on parent unemployment 30 10 status, requirements for a participant family to enter into a 30 11 family investment agreement with the department, requirements 30 12 to provide information to the department, provisions for a 30 13 limited benefit plan if certain requirements are not met, 30 14 provisions for cooperation with child support recovery, and 30 15 payment when a participant is temporarily out of the state. 30 16 New Code section 239B.3 directs the department to provide 30 17 cash assistance and other benefits under the chapter. The 30 18 department is to take into consideration various circumstances 30 19 such as family size, income, and resources in calculating a 30 20 cash assistance grant for a family. The program is to provide 30 21 a maximum $400 funeral expense benefit under certain 30 22 conditions for children who participate in the program. 30 23 New Code section 239B.4 designates the department of human 30 24 services to administer federal funds, develop and file state 30 25 plans as required by federal law, and perform other 30 26 administrative functions associated with the program. 30 27 New Code section 239B.5, if required as a condition of 30 28 receiving federal funding, authorizes the department to 30 29 administer activities which are in conflict with state law. 30 30 In addition, the department is authorized to submit waiver 30 31 requests to the federal government as necessary to implement 30 32 the chapter or any subsequent initiative. 30 33 New Code section 239B.6 provides that an applicant for 30 34 assistance under the program is deemed to have assigned to the 30 35 department of human services the applicant's rights to current 31 1 and accrued support payments to the extent of the amount of 31 2 the assistance received. Assistance provided under the 31 3 chapter cannot be transferred or assigned at law or equity and 31 4 is not subject to other legal processes to transfer the 31 5 assistance to another. 31 6 New Code section 239B.7 delineates income and resource 31 7 exemptions, deductions, and disregards to be used by the 31 8 department for purposes of a family's initial and continuing 31 9 eligibility for family investment program assistance and for 31 10 determining assistance amounts. 31 11 New Code section 239B.8 requires family investment 31 12 agreements between the department and family investment 31 13 program participants and delineates specific requirements 31 14 applicable to the agreements. 31 15 New Code section 239B.9 establishes limited benefit plan 31 16 sanctions for family investment program participants who do 31 17 not comply with requirements involving family investment 31 18 agreements. 31 19 New Code section 239B.10 establishes special provisions for 31 20 minor and young parents and for family planning requirements. 31 21 New Code section 239B.11 creates a family investment 31 22 program account in the state treasury for funds received by 31 23 the program. 31 24 New Code section 239B.12 establishes immunization 31 25 provisions applicable to children receiving family investment 31 26 program assistance. 31 27 New Code section 239B.13 authorizes the department to 31 28 provide for participation by a child as part of an eligible 31 29 group headed by a specified relative and to pay cash 31 30 assistance to a protective payee for a period of up to two 31 31 years. In addition, the department may petition the court to 31 32 appoint a conservator over a program participant to receive 31 33 the cash assistance. 31 34 New Code section 239B.14 establishes that an individual who 31 35 attempts or succeeds in fraudulently obtaining assistance or 32 1 other benefits under the program commits a fraudulent practice 32 2 crime and provides that the perpetrator is personally liable 32 3 for the amount fraudulently obtained. 32 4 New Code section 239B.15 requires the county attorney to 32 5 prosecute law violations under new Code chapter 239B and 32 6 requires the area prosecutors of the attorney general to 32 7 assist in prosecutions. 32 8 New Code section 239B.16 provides for administrative 32 9 hearings by the department of inspections and appeals in the 32 10 event an application is not acted upon in a reasonable time, 32 11 or is denied in whole or in part, or benefits are modified, 32 12 suspended, or cancelled. Judicial review of the department's 32 13 actions is subject to chapter 17A, the administrative 32 14 procedures Act. 32 15 The bill provides for repeal and reenactment of the 32 16 provisions of Code chapter 249C, relating to the jobs 32 17 opportunities and basic skills (JOBS) program for recipients 32 18 under the family investment program, as part of new Code 32 19 chapter 239B. 32 20 New Code section 239B.17 establishes the promoting 32 21 independence and self-sufficiency through employment-job 32 22 opportunities and basic skills program. The program is to be 32 23 applied as provided in a participant family's family 32 24 investment agreement. The departments of workforce 32 25 development, economic development, and education, and other 32 26 public programs and agencies are to cooperate with the 32 27 program. The department of human services may delegate 32 28 responsibilities to the department of workforce development or 32 29 economic development. 32 30 New Code section 239B.18 delineates exceptions to required 32 31 participation in the JOBS program. 32 32 New Code section 239B.19 provides that eligibility for the 32 33 program is contingent upon available funding and the person 32 34 having entered into a family investment agreement with the 32 35 department under the family investment program. In addition, 33 1 this section provides that unless otherwise provided, high 33 2 school and other basic education requirements are optional. 33 3 Provision for care of children while a parent participates in 33 4 the JOBS program is addressed. 33 5 New Code section 239B.20 requires the director of human 33 6 services or the director's designee to establish and maintain 33 7 reasonable standards for health, safety, and other conditions 33 8 under the JOBS program. 33 9 New Code section 239B.21 provides that participants in the 33 10 JOBS program are to be covered by the workers' compensation 33 11 law or comparable protection for work performed under the JOBS 33 12 program. 33 13 New Code section 239B.22 provides that a participant is not 33 14 to be considered an employee of the state or a political 33 15 subdivision for the person's participation in the JOBS 33 16 program. 33 17 New Code section 239B.23 provides for 24 months of 33 18 transitional child day care benefits to persons who no longer 33 19 receive family investment program assistance due to 33 20 employment. 33 21 The bill includes a number of amendment to Code chapter 33 22 249A, the medical assistance program. The amendments provide 33 23 that if a person would be eligible for medical assistance 33 24 based upon eligibility for the family investment program or 33 25 related requirements, the applicable eligibility requirements 33 26 are those in effect for the program as of July 1, 1996. The 33 27 bill revises Code chapter 249A references to Code chapter 239. 33 28 In addition, the bill repeals Code section 249A.17 which 33 29 required 12 months or more of medical assistance coverage for 33 30 certain persons who left the aid to families with dependent 33 31 children program (the predecessor to Iowa's family investment 33 32 program) due to earned income. The bill includes new 33 33 subsections providing for transitional medical assistance for 33 34 an individual who loses family investment program eligibility 33 35 due to earned income or receipt of child or spousal support. 34 1 The bill includes a provision that administrative rules of 34 2 the department of human services which provide for medical 34 3 assistance eligibility based upon receipt of assistance under 34 4 the family investment program shall be deemed to apply to the 34 5 family investment program requirements in effect as of July 34 6 16, 1996. 34 7 The bill repeals Code chapter 239, the current family 34 8 investment program chapter, and Code chapter 249C, the current 34 9 work and training program for persons receiving public 34 10 assistance. 34 11 The Code editor is directed to revise codified references 34 12 to sections of chapter 239 to instead refer to appropriate 34 13 sections of new chapter 239B. The Code editor may either make 34 14 the revisions editorially in the Code of Iowa or submit the 34 15 revisions in a Code editor's bill. 34 16 LSB 1846SC 77 34 17 jp/cf/24
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