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, §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