1. Upon the completion of an investigation the department shall decide whether the child is eligible for assistance and determine the amount of the assistance. The department shall, within thirty days, notify the specified relative with whom the child is living or will be living, of the decision.
2. In determining the amount of assistance, the department shall take into consideration the income and resources of the dependent child, the dependent child's parent or stepparent, or any other needy specified relative claiming assistance. However, in determining the amount of assistance for recipients, the department may disregard a reasonable amount of the income and resources, in order to encourage the recipients to become self-supporting. The term "income" means income remaining after deduction of expenses reasonably attributable to the earning or securing of that income in accordance with standards established by the department.
3. The department shall establish services to help recipients become self-supporting; shall participate in the JOBS program established by chapter 249C; and shall cooperate with other public agencies and with private agencies to secure employment, education, and vocational training for recipients. Assistance, when granted, shall be paid at least monthly to the specified relative with whom the child is residing, upon the order of the division.
4. The department may order the assistance paid to a protective payee if it has been demonstrated that the specified relative with whom the child is residing is unable to manage the assistance in the best interests of the child. A protective payment shall not be made beyond two years, except as provided in 45 C.F.R. § 234.60, and shall otherwise conform to the requirements of 42 U.S.C. § 606(b)(2) and the regulations adopted pursuant to that section. If consistent with these regulations, the department may petition the Iowa district court sitting in probate to establish, pursuant to chapter 633, a conservatorship over a recipient. If a conservatorship is established the recipient's assistance shall be paid to the conservator. In addition to the assistance, an amount not to exceed ten dollars per case per month may be allowed for conservatorship or guardianship fees if authorized by court order.
5. A vendor payment may be made if the department determines payment to a third party is essential to assure the proper use of assistance on behalf of a recipient. A vendor payment shall be made in accordance with 45 C.F.R. § 234.60.
6. The division shall provide for the prompt notification of the department's child support recovery unit if assistance is provided to a child whose parent is absent from the home. An applicant for or a recipient of assistance shall, as a condition of eligibility, cooperate with the child support recovery unit and the department in identifying and locating the parent of the child, in enforcing rights to periodic support payments, and, if necessary, in establishing paternity of the child, unless the applicant or recipient has good cause for refusing to cooperate, as determined by the department in accordance with the best interests of the child and with standards prescribed in 45 C.F.R. § 232.40, et seq. If a specified relative with whom a child is residing is found to be ineligible for assistance because of failure to comply with the cooperation requirements of this subsection, assistance, determined without regard to the needs of the specified relative, shall be provided to a protective payee for the child. A protective payment made under this subsection is not subject to the two-year restriction in subsection 4.
7. The director of revenue and finance upon receipt of a written signed request from a recipient, shall order that payments be made directly to a bank, savings and loan association, or credit union of the recipient's choice.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 239.5; 81 Acts, ch 7, § 14]
83 Acts, ch 96, § 157, 159; 84 Acts, ch 1276, § 5
Iowa General Assembly
Search: Iowa Code 1997
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