CHAPTER 239B FAMILY INVESTMENT PROGRAM
239B.1 DEFINITIONS.
239B.2 CONDITIONS OF ELIGIBILITY.
239B.2A SCHOOL ATTENDANCE.
239B.2B ELIGIBILITY OF NONCITIZENS.
239B.3 CASH ASSISTANCE.
239B.4 DEPARTMENTAL ROLE.
239B.5 COMPLIANCE WITH FEDERAL LAW.
239B.6 ASSIGNMENT OF SUPPORT RIGHTS OR BENEFITS.
239B.7 INCOME AND RESOURCE EXEMPTIONS, DEDUCTIONS, AND DISREGARDS.
239B.8 FAMILY INVESTMENT AGREEMENTS.
239B.9 LIMITED BENEFIT PLAN.
239B.10 MINOR AND YOUNG PARENTS -- OTHER REQUIREMENTS.
239B.11 FAMILY INVESTMENT PROGRAM ACCOUNT -- DIVERSION PROGRAM SUBACCOUNT -- DIVERSION PROGRAM.
239B.11A TRANSITIONAL BENEFITS.
239B.12 IMMUNIZATION.
239B.13 NEEDY RELATIVE PAYEE -- PROTECTIVE PAYEE -- VENDOR PAYMENT.
239B.14 FRAUDULENT PRACTICES -- RECOVERY OF OVERPAYMENTS.
239B.15 COUNTY ATTORNEY TO ENFORCE.
239B.16 APPEAL -- JUDICIAL REVIEW.
239B.17 PROMISE JOBS PROGRAM.
239B.18 JOBS PROGRAM PARTICIPATION.
239B.19 JOBS PROGRAM AVAILABILITY.
239B.20 JOBS PROGRAM HEALTH AND SAFETY.
239B.21 JOBS PROGRAM -- WORKERS' COMPENSATION LAW APPLICABLE.
239B.22 JOBS PROGRAM -- PARTICIPANT NOT STATE EMPLOYEE.
239B.24 STATE CHILD CARE ASSISTANCE ELIGIBILITY.



        

239B.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Applicant" means a person who files an application for participation in the family investment program under this chapter. 2. "Assistance" means a family investment program payment. 3. "Child" means an unmarried person who is less than eighteen years of age or an unmarried person who is eighteen years of age and is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching nineteen years of age. 4. "Department" means the department of human services. 5. "Family" means a family unit that includes at least one child and at least one parent or other specified relative of the child. 6. "Family investment agreement" means the agreement developed with a participant in accordance with section 239B.8. 7. "Family investment program" means the family investment program under this chapter. 8. "Limited benefit plan" means a period of time in which a participant or member of a participant's family is either eligible for reduced assistance only or ineligible for any assistance under the family investment program, in accordance with section 239B.9. 9. "Minor parent" means an applicant or participant parent who is less than eighteen years of age and has never been married. 10. "Participant" means a person who is receiving full or partial family investment program assistance. For the purposes of sections 239B.8 and 239B.9, "participant" also includes each individual who does not directly receive assistance but who is required to be engaged in work or training options specified in the participant's family investment agreement entered into under section 239B.8. 11. "PROMISE JOBS program" or "JOBS program" means the promoting independence and self-sufficiency through employment job opportunities and basic skills program created in section 239B.17. 12. "Specified relative" means a person who is, or was at any time, one of the following relatives of an applicant or participant child, by means of blood relationship, marriage, or adoption, or is a spouse of one of the following relatives: a. Parent. b. Grandparent. c. Great-grandparent. d. Great-great-grandparent. e. Stepparent of the child, but not the parent of the stepparent. f. Sibling. g. Stepsibling. h. Sibling by at least the half blood. i. Uncle or aunt by at least the half blood. j. Great-uncle or great-aunt. k. Great-great-uncle or great-great-aunt. l. First cousin. m. Nephew or niece. n. Second cousin.

         Section History: Recent Form

         97 Acts, ch 41, §2, 34; 2007 Acts, ch 124, §1
         Referred to in § 252B.1
        

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

         Section History: Recent Form

         97 Acts, ch 41, §3, 34; 98 Acts, ch 1218, §50; 99 Acts, ch 100,
      §1; 2000 Acts, ch 1088, §2; 2009 Acts, ch 41, §263
         Referred to in § 239B.2B, 239B.3, 239B.9
        

239B.2A SCHOOL ATTENDANCE. Repealed by 2004 Acts, ch 1043, § 11.

239B.2B ELIGIBILITY OF NONCITIZENS. A person who meets the conditions of eligibility under section 239B.2 and who meets either of the following requirements shall be eligible for participation in the family investment program: 1. The person is a conditional resident alien who was battered or subjected to extreme cruelty, or whose child was battered or subjected to extreme cruelty, perpetrated by the person's spouse who is a United States citizen or lawful permanent resident as described in 8 C.F.R. § 216.5(a)(3). 2. The person was battered or subjected to extreme cruelty, or the person's child was battered or subjected to extreme cruelty, perpetrated by the person's spouse who is a United States citizen or lawful permanent resident and the person's petition has been approved or a petition is pending that sets forth a prima facie case that the person has noncitizen status under any of the following categories: a. Status as a spouse or child of a United States citizen or lawful permanent resident under the federal Immigration and Nationality Act, § 204(a)(1), as codified in 8 U.S.C. § 1154(a)(1)(A). b. Status as a spouse or child who was battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident, under the federal Immigration and Nationality Act, § 204(a)(iii), as codified in 8 U.S.C. § 1154(a)(1)(A)(iii). c. Classification as a person lawfully admitted for permanent residence under the federal Immigration and Nationality Act. d. Suspension of deportation and adjustment of status under the federal Immigration and Nationality Act, § 244(a), as in effect before the date of enactment of the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996. e. Cancellation of removal or adjustment of status under the federal Immigration and Nationality Act, § 240A, as codified in 8 U.S.C. § 1229b. f. Status as an asylee, if asylum is pending, under the federal Immigration and Nationality Act, § 208, as codified in 8 U.S.C. § 1158.

         Section History: Recent Form

         2002 Acts, ch 1175, §27
        

239B.3 CASH ASSISTANCE. 1. a. Within available funding, the department shall provide an ongoing cash assistance grant under the family investment program to a family eligible under section 239B.2. b. For an eligibility decision involving an applicant family with a specified relative, within thirty days of the date of an application, the department shall authorize issuance of notice of the department's decision to the specified relative. 2. For an applicant or participant family, the department shall calculate and pay the cash assistance grant on a monthly basis, taking into consideration all of the following: a. The income and resources of the family. b. Whether the family has entered into a limited benefit plan. c. The size of the family. d. Available funding. 3. The department may pay cash assistance and other cash benefits paid under this chapter by warrant, through a direct deposit to a financial institution of a participant, or through an electronic benefits transfer. 4. The department may pay, from funds appropriated for this purpose, a maximum of four hundred dollars toward funeral expenses on the death of a child who is a participant or has been authorized to participate in the family investment program, provided both of the following conditions apply: a. The decedent does not leave an estate which may be probated with sufficient proceeds to allow for payment of the funeral expenses. b. Payments which are due the decedent's estate or beneficiary by reason of the liability of a life insurance, death or funeral benefit company, association, or society, or in the form of United States social security, railroad retirement, or veterans' benefits upon the death of the decedent, are deducted from the department's payment under this section.

         Section History: Recent Form

         97 Acts, ch 41, §4, 34; 99 Acts, ch 100, §2
        

239B.4 DEPARTMENTAL ROLE. 1. The department is the state entity designated to administer federal funds received for purposes of the family investment program and the JOBS program under this chapter, including but not limited to the funding received under the federal temporary assistance for needy families block grant as authorized under the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, as reauthorized under the federal Deficit Reduction Act of 2005, Pub. L. No. 109-171, and as codified in 42 U.S.C. § 601 et seq., and as such is the lead agency in preparing and filing state plans, state plan amendments, and other reports required by federal law. 2. The department is responsible for a management information system, eligibility determination, participant grant calculations and issuance of payments, contracting for services, provision of an appeal or resolution process to applicants and participants, determining the suitability of a family home maintained by a specified relative applicant or participant, and other activities as necessary to administer the family investment program and the JOBS program. 3. The department shall develop and use a screening tool for determining the likely presence of family and domestic violence affecting applicant and participant families. The department shall require the use of the screening tool by trained employees. 4. The department shall continue to work with the department of workforce development and local community collaborative efforts to provide support services for participants. The support services shall be directed to those participant families who would benefit from the support services and are likely to have success in achieving economic independence. 5. The department shall continue to work with religious organizations and other charitable institutions to increase the availability of host homes, referred to as second chance homes, or other living arrangements under the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, § 103, and any successor legislation. The purpose of the homes or arrangements is to provide a supportive and supervised living arrangement for minor parents receiving assistance who may receive assistance while living in an alternative setting other than with their parent or legal guardian. 6. The department may adopt rules pursuant to chapter 17A as necessary to administer this chapter.

         Section History: Recent Form

         97 Acts, ch 41, §5, 34; 98 Acts, ch 1218, §51; 2005 Acts, ch 175,
      §106; 2007 Acts, ch 124, §2 

         Footnotes

         Legislative intent that department of human services work with
      Indian tribes providing federal grant services to Indians who reside
      outside the reservation to develop a formula for providing matching
      funding for tribes' expenditures for such services; recommendation
      required for implementation of the formula beginning in FY 2009-2010;
      2008 Acts, ch 1187, §5
        

239B.5 COMPLIANCE WITH FEDERAL LAW. 1. If, as a condition of receiving federal funds for the family investment program, federal law requires implementation and administration of certain activities during a period when the general assembly is not in session, the department shall proceed to implement and administer those provisions, even if in conflict with other existing state law. However, the period of implementation authorized under this subsection shall end upon the adjournment of the regular session of the general assembly immediately following the commencement of the period of implementation. 2. The department may submit waiver requests to the United States department of health and human services as necessary to implement and administer any provision under this chapter, or to implement any subsequent initiative that requires a waiver from federal law. 3. a. The provisions of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, § 115, shall not apply to an applicant or participant. b. However, unless exempt for good cause under rules adopted by the department for this purpose, an applicant or participant convicted under federal or state law of a felony offense, which has as an element the possession, use, or distribution of a controlled substance, as defined in 21 U.S.C. § 802(6), shall be required to participate in drug rehabilitation activities or to fulfill other requirements to verify that the applicant or participant does not illegally possess, use, or distribute a controlled substance.

         Section History: Recent Form

         97 Acts, ch 41, §6, 34
        

239B.6 ASSIGNMENT OF SUPPORT RIGHTS OR BENEFITS. 1. An assignment of support rights to the department is created by either of the following: a. An applicant and other persons covered by an application are deemed to have assigned to the department at the time of application all rights to periodic support payments that accrue during the period the family receives assistance to the extent of the amount of assistance received by the applicant and by other persons covered by the application. b. A determination that a child or another person covered by an application is eligible for assistance under this chapter creates an assignment by operation of law to the department of all rights to periodic support payments that accrue during the period the family receives assistance not to exceed the amount of assistance received by the child and other persons covered by the application. 2. An assignment takes effect upon determination that an applicant or another person covered by an application is eligible for assistance under this chapter, applies to both current and accruing support obligations, and terminates when an applicant or another person covered by an application ceases to receive assistance under this chapter, except with respect to the amount of unpaid support obligations accrued during the assignment. If an applicant or another person covered by an application ceases to receive assistance under this chapter and the applicant or other person covered by the application receives a periodic support payment, subject to limitations under federal law and subject to subsection 3, the department is entitled only to that amount of the periodic support payment above the current periodic support obligation. 3. Any rights to support payments assigned to the department on or before September 30, 2009, shall remain assigned to the department. 4. Assistance paid or payable under this chapter is not transferable or assignable at law or in equity, and none of the assistance paid or payable is subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.

         Section History: Recent Form

         97 Acts, ch 41, §7, 34; 2008 Acts, ch 1019, §1, 2, 7
         Referred to in § 252A.13, 252C.2, 598.21C, 598.34, 600B.38
        

239B.7 INCOME AND RESOURCE EXEMPTIONS, DEDUCTIONS, AND DISREGARDS. In determining a family's income and resources for purposes of the family's initial and continuing eligibility for assistance and for determining grant amounts, the provisions of this section shall apply to the family and individual family members. 1. Work expense deduction. If an individual's earned income is considered by the department, the individual shall be allowed a work expense deduction equal to twenty percent of the earned income. The work expense deduction is intended to include all work-related expenses other than child care. These expenses shall include but are not limited to all of the following: taxes, transportation, meals, uniforms, and other work-related expenses. 2. Work-and-earn incentive. If an individual's earned income is considered by the department, the individual shall be allowed a work-and-earn incentive. The incentive shall be equal to fifty-eight percent of the amount of earned income remaining after all other deductions are applied. The department shall disregard the incentive amount when considering the earned income available to the individual. The incentive shall not have a time limit. The work-and-earn incentive shall not be withdrawn as a penalty for failure to comply with family investment program requirements. 3. Reserved. 4. Reserved. 5. Income consideration. If an individual has timely reported an absence of income to the department, consideration of the individual's income shall cease beginning in the first month the income is absent. 6. Interest income. Interest income shall be disregarded. 7. Individual development account deposits. The department shall disregard as income any moneys an individual deposits in an individual development account established pursuant to chapter 541A. 8. Motor vehicle disregard. The department shall disregard the value of one motor vehicle. The countable equity value of any additional motor vehicle shall apply to the resource limitation established in subsection 9. 9. Resource limitation. a. The resource limitation for an applicant family for the family investment program shall be two thousand dollars. b. The resource limitation for a participant family shall be five thousand dollars. c. The department shall disregard not more than ten thousand dollars of a self-employed individual's tools of the trade or capital assets in considering the individual's resources. 10. Individual development account earnings and balance. The department shall disregard any earnings and the balance of an individual development account established pursuant to chapter 541A in considering an individual's resources.

         Section History: Recent Form

         97 Acts, ch 41, §8, 34--36; 99 Acts, ch 192, §33, 34; 2004 Acts,
      ch 1043, §1, 12; 2007 Acts, ch 124, §3, 4, 6
         Referred to in § 239B.2
        

239B.8 FAMILY INVESTMENT AGREEMENTS. The department shall establish a policy regarding the implementation of family investment agreements which limits the period of eligibility for the family investment program based upon the requirements of a family's plan for self-sufficiency. The policy shall require a family's plan to be specified in a family investment agreement between the family and the department. The department shall adopt rules to administer the policy. The components of the policy shall include but are not limited to all of the following: 1. Participation -- exemptions. A parent living in a home with a child for whom an application for family investment program assistance has been made or for whom the assistance is provided, and all other individual members of the family whose needs are included in the assistance shall be subject to a family investment agreement unless exempt under rules adopted by the department or unless any of the following conditions exists: a. The individual is less than sixteen years of age and is not a parent. b. The individual is sixteen through eighteen years of age, is not a parent, and is attending elementary or secondary school, or the equivalent level of vocational or technical school, on a full-time basis. If an individual loses exempt status under this paragraph and the individual has signed a family investment agreement, the individual shall remain subject to the terms of the agreement until the terms are completed. c. The individual is not a United States citizen and is not a qualified alien as defined in 8 U.S.C. § 1641. 2. Agreement options. A family investment agreement shall require an individual who is subject to the agreement to engage in one or more work or training options. An individual's level of engagement in one or more of the work or training options shall be equivalent to the level of commitment required for full-time employment or shall be significant so as to move the individual's level of engagement toward that level. The department shall adopt rules defining option requirements and establishing assistance provisions for child care, transportation, and other support services. A leave from engagement in work or training options shall be offered to a participant parent to address the birth of a child or the placement of a child with the participant parent for adoption or foster care. If such a leave is requested by the parent the combined duration of the leave shall not exceed the minimum leave duration, as outlined in the federal Family and Medical Leave Act of 1993, § 102(a) and (b)(1), as codified in 29 U.S.C. § 2612(a) and (b)(1). The terms of the leave shall be incorporated into the family investment agreement. The work or training options shall include but are not limited to all of the following: a. Employment. Full-time or part-time employment. b. Employment search. Active job search. c. JOBS. Participation in the JOBS program. d. Education. Participation in other education or training programming. e. Family development. Participation in a family development and self-sufficiency grant program under section 216A.107 or other family development program. f. Work experience. Work experience placement. g. Community service. Unpaid community service. h. Parenting skills. Participation in an arrangement which would strengthen the individual's ability to be a better parent, including but not limited to participation in a parenting education program. i. Family or domestic violence. Participation in a safety plan to address or prevent family or domestic violence. The safety plan may include a temporary waiver period from required participation in the JOBS program or other employment-related activities, as appropriate for the situation of the applicant or participant. All applicants and participants shall be informed regarding the existence of this option. Participation in this option shall be subject to review in accordance with administrative rule. j. Incremental family investment agreements. If an individual participant or the entire family has an acknowledged barrier, the plan for self-sufficiency may be specified in one or more incremental family investment agreements. 3. Limited benefit plan. If a participant fails to comply with the provisions of the participant's family investment agreement during the period of the agreement, the limited benefit plan provisions of section 239B.9 shall apply. 4. Completion of agreement. a. Upon the completion of the terms of the agreement, family investment program assistance to a participant family covered by the agreement shall cease or be reduced in accordance with rules. b. However, if the period in which a participant family is without cash assistance is one month or less and the participant family has not become exempt from JOBS program participation at the time the participant family reapplies for cash assistance, the participant family's family investment agreement shall be reinstated at the time the participant family reapplies. The reinstated agreement may be revised to accommodate changed circumstances present at the time of reapplication. c. The department shall adopt rules to administer this subsection and to determine when a family is eligible to reenter the family investment program. 5. Contracts. The department may contract with the department of workforce development, department of economic development, or any other entity to provide services relating to a family investment agreement. 6. Confidential information disclosure. If approved by the director of human services or the director's designee pursuant to a written request, the department shall disclose confidential information described in section 217.30, subsection 1, to other state agencies or to any other entity which is not subject to the provisions of chapter 17A and is providing services to a participant family who is subject to a family investment agreement, if necessary in order for the participant family to receive the services. The department shall adopt rules establishing standards for disclosure of confidential information if disclosure is necessary in order for a participant to receive services.

         Section History: Recent Form

         97 Acts, ch 41, §9, 34; 98 Acts, ch 1218, §52; 99 Acts, ch 192,
      §33; 2000 Acts, ch 1088, §3; 2001 Acts, ch 128, §1; 2001 Acts, ch
      191, §41; 2004 Acts, ch 1043, §2, 3; 2005 Acts, ch 121, §10; 2007
      Acts, ch 124, §5; 2008 Acts, ch 1072, §4, 5
         Referred to in § 239B.1, 239B.2, 239B.9, 239B.18
        

239B.9 LIMITED BENEFIT PLAN. 1. General provisions. a. If a participant responsible for signing and fulfilling the terms of a family investment agreement, as defined by the director of human services in accordance with section 239B.8, chooses not to sign or fulfill the terms of the agreement, the participant's family, or the individual participant shall enter into a limited benefit plan. Initial actions in a written statement under section 239B.2, subsection 4, which were committed to by a participant during the application period and which commitment remains in effect, shall be considered to be a term of the participant's family investment agreement. A limited benefit plan shall apply for the period of time specified in this section. The first month of the limited benefit plan is the first month after the month in which timely and adequate notice of the limited benefit plan is given to the participant as defined by the director of human services. The elements of a limited benefit plan shall be specified in the department's rules. b. For purposes of this lettered paragraph, "significant contact with or action in regard to the JOBS program" means the individual participant communicates to the JOBS program worker the desire to engage in JOBS program activities, signs a new or updated family investment agreement, and takes any other action required by the department in accordance with rules adopted for this purpose. A limited benefit plan applied in error shall not be considered to have been applied. A limited benefit plan is applicable to the individual participant choosing the limited benefit plan and to the individual participant's family members to which the plan is applicable under subsection 2. A limited benefit plan shall either be a first limited benefit plan or a subsequent limited benefit plan. A limited benefit plan shall be applied as follows: (1) A first limited benefit plan shall provide for continuing ineligibility for assistance until the individual participant completes significant contact with or action in regard to the JOBS program. (2) A limited benefit plan subsequent to a first limited benefit plan chosen by the same individual participant shall provide for a specified period of ineligibility of six months or less beginning with the effective date of the limited benefit plan and continuing indefinitely following the specified period until the individual participant completes significant contact with or action in regard to the JOBS program. The department shall adopt rules defining the circumstances for which a particular period of ineligibility will be specified. (3) For a two-parent family in which both parents are responsible for a family investment agreement, a first or subsequent limited benefit plan shall remain applicable until both parents complete significant contact with or action in regard to the JOBS program. A limited benefit plan applied more than once to the same two-parent family shall be treated as a subsequent limited benefit plan. 2. Plan applied. The department shall apply the limited benefit plan to the participants responsible for the family investment agreement and other members of the participant's family as follows: a. Parent. If the participant responsible for the family investment agreement is a parent, the limited benefit plan is applicable to the entire participant family. b. Needy relative or incapacitated stepparent. If the participant choosing a limited benefit plan is a needy relative who acts as payee when the parent is in the home but is unable to act as payee, is a needy relative who assumes the role of parent, or is a dependent child's stepparent whose needs are included in the assistance because of incapacity, the limited benefit plan shall apply only to the individual participant choosing the plan. c. Minor parent living with adult parent or specified relative. If the participant family includes a minor parent living with the minor parent's adult parent or specified relative who receives family investment program assistance and both individuals are responsible for developing a family investment agreement, each individual is responsible for a separate family investment agreement, and the limited benefit plan shall be applied as follows: (1) If the adult parent chooses the limited benefit plan, the requirements of the limited benefit plan shall apply to the entire participant family, even though the minor parent has not chosen the limited benefit plan. However, the minor parent may reapply for assistance as a minor parent living with self-supporting parents or living independently and continue in the family investment agreement process. (2) If the minor parent chooses the limited benefit plan, the requirements of the limited benefit plan shall apply to the minor parent and any child of the minor parent. (3) If the specified relative chooses the limited benefit plan, the requirements of the limited benefit plan shall apply only to the specified relative. d. Minor parent -- only child. If the minor parent is the only child in the adult parent's or specified relative's home and the minor parent chooses the limited benefit plan, assistance shall not be paid to the adult parent or specified relative in this instance. e. Children who are mandatory JOBS program participants. If the participant family includes children who are mandatory JOBS program participants, the children shall not have a separate family investment agreement but shall be asked to sign the family investment agreement applicable to the family and to carry out the responsibilities of that family investment agreement. A limited benefit plan shall be applied as follows: (1) If the parent or specified relative responsible for a family investment agreement meets the responsibilities of the family investment agreement but a child who is a mandatory JOBS program participant chooses an individual limited benefit plan, the family is eligible for reduced assistance during the child's limited benefit plan. (2) If the child who chooses a limited benefit plan under subparagraph (1) is the only child in the participant family, assistance shall not be paid to the adult parent, parents, or specified relative in this instance. f. Exempt parent. If a participant family includes a parent, parents, or specified relative who are exempt from JOBS program participation and children who are mandatory JOBS program participants, the children are responsible for completing a family investment agreement. If a child who is a mandatory JOBS program participant chooses the limited benefit plan, the limited benefit plan shall be applied in the manner provided in paragraph "e". g. Two parents. If the participant family includes two parents, a limited benefit plan shall be applied as follows: (1) If only one parent of a child in the family is responsible for a family investment agreement and that parent chooses the limited benefit plan, the limited benefit plan cannot be ended by the voluntary participation in a family investment agreement by the exempt parent. If the parent responsible for the family investment agreement chooses a limited benefit plan, the limited benefit plan applies to the entire family. (2) If both parents of a child in the family are responsible for a family investment agreement, both parents shall sign the agreement. If either parent chooses the limited benefit plan, the limited benefit plan cannot be ended by the participation of the other parent in a family investment agreement. (3) If the parents from a two-parent family in a limited benefit plan separate, the limited benefit plan shall follow only the parent who chose the limited benefit plan and any children in the home of that parent. 3. Plan chosen. A participant shall be considered to have chosen a limited benefit plan under any of the following circumstances: a. A participant who does not establish an orientation appointment with the JOBS program or who fails to keep or reschedule an orientation appointment shall receive a reminder letter which informs the participant that those who do not attend orientation have elected to choose a limited benefit plan. A participant who chooses not to respond to the reminder letter within ten calendar days from the mailing date shall receive notice establishing the effective date of the limited benefit plan. If a participant is deemed to have chosen a limited benefit plan, timely and adequate notice provisions, as determined by the director of human services, shall apply. b. A participant who chooses not to sign the family investment agreement after attending a JOBS program orientation shall enter into a limited benefit plan as described in paragraph "a". c. A participant who has signed a family investment agreement but then chooses a limited benefit plan under circumstances defined by the director of human services. 4. Reconsideration. A participant who chooses a limited benefit plan may reconsider that choice as follows: a. A participant who chooses a first limited benefit plan may reconsider at any time following the effective date of the limited benefit plan. The participant may contact the department or the appropriate JOBS program office any time to begin the reconsideration process. b. A participant who chooses a subsequent limited benefit plan may reconsider that choice at any time following the period of ineligibility specified in accordance with subsection 1. 5. Well-being visit. If a participant has chosen a subsequent limited benefit plan, the department may conduct a well-being visit or contract for a well-being visit to be conducted, provided funding is available for the costs of such visits. A well-being visit shall meet all of the following criteria: a. A qualified professional shall attempt to visit with the participant family with a focus upon the children's well-being. b. The visit shall be conducted during or within four weeks of the second month of the start of the subsequent limited benefit plan. c. The visit shall serve as an extension of the family investment program and the family investment agreement philosophy of supporting families as they move toward self-sufficiency. 6. Appeal. A participant has the right to appeal the establishment of the limited benefit plan only once, at the time the department issues the timely and adequate notice that establishes the limited benefit plan. However, if the reason for the appeal is based on an incorrect grant computation, an error in determining the composition of the family, or another worker error, a hearing shall be granted, regardless of the person's limited benefit plan status.

         Section History: Recent Form

         97 Acts, ch 41, §10, 34; 98 Acts, ch 1218, §55--60; 99 Acts, ch
      100, §3; 2000 Acts, ch 1088, §4; 2002 Acts, ch 1015, §1, 4; 2004
      Acts, ch 1043, §4; 2006 Acts, ch 1016, §9--11; 2008 Acts, ch 1111,
      §1, 2
         Referred to in § 239B.1, 239B.8
        

239B.10 MINOR AND YOUNG PARENTS -- OTHER REQUIREMENTS. 1. Living arrangement. Unless any of the following conditions apply, a minor parent shall be required to live with the minor's parent or legal guardian: a. The parent or guardian of the minor parent is deceased, missing, or living in another state. b. The minor parent's health or safety would be jeopardized if the minor parent is required to live with the parent or guardian. c. The minor parent is in foster care. d. The minor parent is participating in the job corps solo parent program or independent living program. e. Other good cause exists, which is identified in rules adopted by the department for this purpose, for the minor parent to participate in the family investment program while living apart from the minor parent's parent or guardian. 2. Family development. A minor parent who is a participant and is not required to live with the minor parent's parent or guardian pursuant to subsection 1 shall be required to participate in a family development program identified in rules adopted by the department. 3. Parenting classes. Participant parents who are nineteen years of age or younger shall be required to attend parenting classes. 4. Education. The department shall require, subject to the availability of child care for a minor parent's children, that a minor parent must either have graduated from high school or have received a high school equivalency diploma, or be engaged full-time in completing high school graduation or equivalency requirements. 5. Earnings disregard. In determining family investment program eligibility and calculating the amount of assistance, the department shall disregard earnings of an applicant or a participant who is nineteen years of age or younger who is engaged full-time in completing high school graduation or equivalency requirements. 6. Family planning. The department shall do all of the following with newly eligible and existing participant parents: a. Discuss orally and in writing the financial implications of newly born children on the participant's family. b. Discuss orally and in writing the available family planning resources. c. Include family planning counseling as an optional component of the JOBS program. d. Include the participant's family planning objectives in the family investment agreement.

         Section History: Recent Form

         97 Acts, ch 41, §11, 34; 99 Acts, ch 192, §33
        

239B.11 FAMILY INVESTMENT PROGRAM ACCOUNT -- DIVERSION PROGRAM SUBACCOUNT -- DIVERSION PROGRAM. 1. An account is established in the state treasury to be known as the family investment program account under control of the department to which shall be credited all funds appropriated by the state for the payment of assistance and JOBS program expenditures. All other moneys received at any time for these purposes, including child support revenues, shall be deposited into the account as provided by law. All assistance and JOBS program expenditures under this chapter shall be paid from the account. 2. a. A diversion program subaccount is created within the family investment program account. The subaccount may be used to provide incentives to divert a family's participation in the family investment program if the family meets the department's income eligibility requirements for the diversion program. Incentives may be provided in the form of payment or services to help a family to obtain or retain employment. The diversion program subaccount may also be used for payments to participants as necessary to cover the expenses of removing barriers to employment and to assist in stabilizing employment. In addition, the diversion program subaccount may be used for funding of services and payments for persons whose family investment program eligibility has ended, in order to help the persons to stabilize or improve their employment status. b. The diversion program shall be implemented statewide in a manner that preserves local flexibility in program design. The department shall assess and screen individuals who would most likely benefit from diversion program assistance. The department may adopt additional eligibility criteria for the diversion program as necessary for compliance with federal law and for screening those families who would be most likely to become eligible for the family investment program if diversion program incentives would not be provided to the families.

         Section History: Recent Form

         97 Acts, ch 41, §12, 34; 98 Acts, ch 1218, §76; 2000 Acts, ch
      1088, §5; 2005 Acts, ch 175, §107
         Referred to in § 252B.27
        

239B.11A TRANSITIONAL BENEFITS. Repealed by 2008 Acts, ch 1187, § 96, 97.

239B.12 IMMUNIZATION. 1. To the extent feasible, the department shall determine the immunization status of children receiving assistance under this chapter. The status shall be determined in accordance with the immunization recommendations adopted by the Iowa department of public health under section 139A.8, including the exemption provisions in section 139A.8, subsection 4. If the department determines a child is not in compliance with the immunization recommendations, the department shall refer the child's parent or guardian to a local public health agency for immunization services for the child and other members of the child's family. 2. The department of human services shall cooperate with the Iowa department of public health to establish an interagency agreement allowing the sharing of pertinent client data, as permitted under federal law and regulation, for the purposes of determining immunization rates of participants, evaluating family investment program efforts to encourage immunizations, and developing strategies to further encourage immunization of participants.

         Section History: Recent Form

         97 Acts, ch 41, §13, 34; 2000 Acts, ch 1066, §43
        

239B.13 NEEDY RELATIVE PAYEE -- PROTECTIVE PAYEE -- VENDOR PAYMENT. 1. The department may provide for a needy relative to act as a payee when the parent of a participant family is in the home but is unable to act as the payee. 2. The department may order the cash assistance under this chapter to be 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 interest of the child. Protective payment of cash assistance shall not be made beyond a period of two years. The department may petition the district court sitting in probate to establish, pursuant to chapter 633, a conservatorship over a participant. If a conservatorship is established, the participant's cash assistance shall be paid to the conservator. In addition to the cash 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. The department may pay cash assistance or other cash benefits to a third party if the department determines that a third-party payment is essential to assure the proper use of the assistance or benefits.

         Section History: Recent Form

         97 Acts, ch 41, §14, 34
        

239B.14 FRAUDULENT PRACTICES -- RECOVERY OF OVERPAYMENTS. 1. An individual who obtains, or attempts to obtain, or aids or abets an individual to obtain, by means of a willfully false statement or representation, by knowingly failing to disclose a material fact, or by impersonation, or any fraudulent device, any assistance or other benefits under this chapter to which the individual is not entitled, commits a fraudulent practice. 2. An individual who commits a fraudulent practice under this section is personally liable for the amount of assistance or other benefits fraudulently obtained. The amount of the assistance or other benefits may be recovered from the offender or the offender's estate in an action brought or by claim filed in the name of the state and the recovered funds shall be deposited in the family investment program account. The action or claim filed in the name of the state shall not be considered an election of remedies to the exclusion of other remedies. 3. The department shall adopt rules pursuant to chapter 17A as necessary to recover overpayments of assistance and benefits provided under this chapter. The recovery methods shall include but are not limited to reducing the amount of assistance or benefits provided.

         Section History: Recent Form

         97 Acts, ch 41, §15, 34; 2000 Acts, ch 1088, §6
         Referred to in § 217.35
         Fraudulent practices; see § 714.8 et seq.
         Use of recovered moneys generated through fraud and recoupment
      activities for additional fraud and recoupment activities; see §
      217.35
        

239B.15 COUNTY ATTORNEY TO ENFORCE. Violations of law relating to the family investment program shall be prosecuted by county attorneys. Area prosecutors of the office of the attorney general shall provide prosecution assistance.

         Section History: Recent Form

         97 Acts, ch 41, §16, 34
         Referred to in § 331.756(49)
        

239B.16 APPEAL -- JUDICIAL REVIEW. If an applicant's application is not acted upon within a reasonable time, if it is denied in whole or in part, or if a participant's assistance or other benefits under this chapter are modified, suspended, or canceled under a provision of this chapter, the applicant or participant may appeal to the department of human services which shall request the department of inspections and appeals to conduct a hearing. Upon completion of a hearing, the department of inspections and appeals shall issue a decision which is subject to review by the department of human services. Judicial review of the actions of the department of human services may be sought in accordance with chapter 17A. Upon receipt of a notice of the filing of a petition for judicial review, the department of human services shall furnish the petitioner with a copy of any papers filed in support of the petitioner's position, a transcript of any testimony taken, and a copy of the department's decision.

         Section History: Recent Form

         97 Acts, ch 41, §17, 34
        

239B.17 PROMISE JOBS PROGRAM. 1. Program established. The promoting independence and self-sufficiency through employment job opportunities and basic skills program is established for applicants and participants of the family investment program. The requirements of the JOBS program shall vary as provided in the family investment agreement applicable to a family. The department of workforce development, department of economic development, department of education, and all other state, county, and public educational agencies and institutions providing vocational rehabilitation, adult education, or vocational or technical training shall assist and cooperate in the JOBS program. The departments, agencies, and institutions shall make agreements and arrangements for maximum cooperation and use of all available resources in the program. The department of human services may contract with the department of workforce development, the department of economic development, or another appropriate entity to provide JOBS program services. 2. Program activities. The JOBS program shall include, but is not limited to, provision of the following activities: a. Placing applicants and participants in employment and on-the-job training. b. Institutional and work experience training for applicants and participants for whom the training is likely to lead to regular employment. c. Special work projects for applicants and participants for whom a job in the regular economy cannot be found. d. Incentives, opportunities, services, and other benefits to aid applicants and participants, which may include but are not limited to financial education. e. Providing services and payments for persons whose family investment program eligibility has ended, in order to help the persons to stabilize or improve their employment status.

         Section History: Recent Form

         97 Acts, ch 41, §18, 34; 2000 Acts, ch 1088, §7; 2006 Acts, ch
      1046, §1; 2007 Acts, ch 218, §40
         Referred to in § 216A.107, 239B.1
        

239B.18 JOBS PROGRAM PARTICIPATION. Except for participants who are exempt from the requirement to enter into a family investment agreement under section 239B.8, a participant in the family investment program shall participate in JOBS program activities as provided in the participant's family investment agreement. Except for an individual who is not a United States citizen and is not a qualified alien and exempt from the requirement to enter into a family investment agreement under section 239B.8, subsection 1, paragraph "c", a participant who is exempt may voluntarily participate in the JOBS program.

         Section History: Recent Form

         97 Acts, ch 41, §19, 34; 2000 Acts, ch 1088, §8
        

239B.19 JOBS PROGRAM AVAILABILITY. 1. Within available funding, the department shall make JOBS program services and benefits available to individuals who are participating in the JOBS program. 2. An individual's efforts under the JOBS program to attain a certificate of general educational development, high school diploma, or adult basic literacy where the individual has not previously received the certification shall be optional except as otherwise required by this chapter or by federal law. The department shall provide incentives to encourage optional efforts to attain such certifications. 3. When needed, arrangements shall be made for the care of children during the absence from the home of an individual participating in the JOBS program.

         Section History: Recent Form

         97 Acts, ch 41, §20, 34
        

239B.20 JOBS PROGRAM HEALTH AND SAFETY. The director shall establish and maintain reasonable standards for health, safety, and other conditions under the JOBS program.

         Section History: Recent Form

         97 Acts, ch 41, §21, 34
        

239B.21 JOBS PROGRAM -- WORKERS' COMPENSATION LAW APPLICABLE. A participant, with respect to employment performed under the JOBS program, shall be covered by the workers' compensation law or shall otherwise be provided with comparable protection.

         Section History: Recent Form

         97 Acts, ch 41, §22, 34
        

239B.22 JOBS PROGRAM -- PARTICIPANT NOT STATE EMPLOYEE. A participant shall not be deemed to be an employee of the state or any of its political subdivisions by reason of participation in the JOBS program. However, this section shall not prevent the participant from having the status of an employee for the purposes of workers' compensation.

         Section History: Recent Form

         97 Acts, ch 41, §23, 34
        

239B.23 Repealed by 98 Acts, ch 1218, § 82.

239B.24 STATE CHILD CARE ASSISTANCE ELIGIBILITY. 1. The following persons are deemed to be eligible for benefits under the state child care assistance program administered by the department in accordance with section 237A.13, notwithstanding the program's eligibility requirements or any waiting list: a. A participant who is employed. b. Any other person whose earned income is considered in determining eligibility and benefits for a participant. c. A person who is participating in activities approved under the JOBS program. 2. A person who is deemed to be eligible for state child care assistance program benefits under this section is subject to all other state child care assistance requirements, including but not limited to provider requirements under chapter 237A, provider reimbursement methodology and rates, and any other requirements established by the department in rule.

         Section History: Recent Form

         99 Acts, ch 192, §35; 2000 Acts, ch 1067, §16; 2000 Acts, ch 1232,
      §91
         Referred to in § 237A.13

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