Bill Text: IN SB0533 | 2013 | Regular Session | Introduced
Bill Title: Ineligibility for TANF assistance for truancy.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-14 - First reading: referred to Committee on Public Policy [SB0533 Detail]
Download: Indiana-2013-SB0533-Introduced.html
Introduced Version
SENATE BILL No. 533
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-7-2-189.7; IC 12-8-1.5-12; IC 12-14;
IC 12-15-2-0.5; IC 20-33-2-48.
(Continued next page)
Effective: July 1, 2013.
Leising
January 14, 2013, read first time and referred to Committee on Public Policy.
Digest Continued
revocation or suspension if the recipient
or child has more than three
unexcused absences from school; and (2) allow the division of family
resources to decide whether to require consent to the release of school
attendance records as a condition of eligibility to receive TANF
assistance.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 533
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-7-2-189.7; (13)IN0533.1.1. -->
SECTION 1. IC 12-7-2-189.7, AS AMENDED BY P.L.110-2010,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 189.7. (a) "TANF", for purposes of IC 12-20 and
IC 12-8-12.5, refers to the federal Temporary Assistance for Needy
Families program under 42 U.S.C. 601 et seq.
(b) "TANF assistance", for purposes of IC 12-14-2.3, means assistance under the federal Temporary Assistance for Needy Families program under 42 U.S.C. 601 et seq.
(b) "TANF assistance", for purposes of IC 12-14-2.3, means assistance under the federal Temporary Assistance for Needy Families program under 42 U.S.C. 601 et seq.
SOURCE: IC 12-8-1.5-12; (13)IN0533.1.2. -->
SECTION 2. IC 12-8-1.5-12, AS ADDED BY P.L.160-2012,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 12. (a) Subject to the appropriation limits
established by the state's biennial budget for the office of the secretary
and its divisions, and after assistance, including assistance under
TANF (IC 12-14), medical assistance (IC 12-15), and food stamps (7
U.S.C. 2016(i)), is distributed to persons eligible to receive assistance,
the secretary may adopt rules under IC 4-22-2 to offer programs on a
pilot or statewide basis to encourage recipients of assistance under
IC 12-14 to become self-sufficient and discontinue dependence on
public assistance programs. Programs offered under this subsection
may do the following:
(1) Develop welfare-to-work programs.
(2) Develop home child care training programs that will enable
recipients to work by providing child care for other recipients.
(3) Provide case management and supportive services.
(4) Develop a system to provide for public service opportunities
for recipients.
(5) Provide plans to implement the personal responsibility
agreement under IC 12-14-2-21.
(6) Develop programs to implement the school attendance
requirement under IC 12-14-2-17. IC 12-14-2.3.
(7) Provide funds for county planning council activities under
IC 12-14-22-13 (repealed).
(8) Provide that a recipient may earn up to the federal income
poverty level (as defined in IC 12-15-2-1) before assistance under
this title is reduced or eliminated.
(9) Provide for child care assistance, with the recipient paying
fifty percent (50%) of the local market rate as established under
45 CFR 256 for child care.
(10) Provide for medical care assistance under IC 12-15, if the
recipient's employer does not offer the recipient health care
coverage.
(b) If the secretary offers a program described in subsection (a), the
secretary shall annually report the results and other relevant data
regarding the program to the legislative council in an electronic format
under IC 5-14-6.
SOURCE: IC 12-14-2-17; (13)IN0533.1.3. -->
SECTION 3. IC 12-14-2-17 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 17. (a) To retain eligibility for TANF assistance under this
article, a recipient of TANF assistance and a dependent child who is a
recipient of TANF assistance must attend school if all of the following
apply:
(1) The recipient or the dependent child meets the compulsory
attendance requirements under IC 20-33-2.
(2) The recipient or the dependent child has not graduated from
a high school or has not obtained a high school equivalency
certificate (as defined in IC 12-14-5-2).
(3) The recipient or the dependent child is not excused from
attending school under IC 20-33-2-14 through IC 20-33-2-17.
(4) The recipient or the dependent child does not have good cause
for failing to attend school, as determined by rules adopted by the
director under IC 4-22-2.
(5) If the recipient or the dependent child is the mother of a child,
a physician has not determined that the recipient or the dependent
child should delay returning to school after giving birth.
(b) A recipient or the dependent child of a recipient described in
subsection (a) who has more than three (3) unexcused absences during
a school year is subject to revocation or suspension of assistance as
provided in section 18 of this chapter.
(c) The director, in consultation with the department of education,
shall adopt rules under IC 4-22-2 to establish a definition for the term
"unexcused absence".
SOURCE: IC 12-14-2-18; (13)IN0533.1.4. -->
SECTION 4. IC 12-14-2-18, AS AMENDED BY P.L.80-2010,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 18. (a) A recipient or dependent child who fails
to meet the requirements of section 17 of this chapter is subject to the
revocation or suspension of assistance as provided under rules adopted
by the division.
(b) (a) A TANF recipient or applicant who refuses to participate in
an employment opportunity or a job training opportunity offered to the
recipient or applicant under IC 12-8-12 is subject to sanctions
established by the director under IC 12-8-12-6(2).
(c) (b) Except in a case in which the parent, custodian, or guardian
of the dependent child qualifies for a good cause or other exception
provided by statute or administrative rule, a parent, custodian, or
guardian who refuses to cooperate with the Title IV-D agency as
required by IC 12-14-7-2, IC 12-14-7-3, or IC 12-14-2-24 in:
(1) a paternity action; or
(2) the establishment or enforcement of a child support order;
is subject to sanctions or revocation or suspension of assistance as provided under rules adopted by the division.
(d) (c) The division may adopt rules under IC 4-22-2 to implement
subsection (c). (b).
(1) a paternity action; or
(2) the establishment or enforcement of a child support order;
is subject to sanctions or revocation or suspension of assistance as provided under rules adopted by the division.
SOURCE: IC 12-14-2-19; (13)IN0533.1.5. -->
SECTION 5. IC 12-14-2-19 IS REPEALED [EFFECTIVE JULY 1,
2013]. Sec. 19. The division may require consent to the release of
school attendance records as a condition of eligibility to receive
assistance under this chapter.
SOURCE: IC 12-14-2-23; (13)IN0533.1.6. -->
SECTION 6. IC 12-14-2-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 23. (a) This section
applies only to a person's eligibility for assistance under section 5.1 of
this chapter.
(b) As used in this section, "school" means a program resulting in high school graduation.
(c) Due to extraordinary circumstances, a person who is the parent of a dependent child, an essential person, or a dependent child may apply, in a manner prescribed by the division, for an exemption from the requirements of this chapter or IC 12-14-2.3 if the person can document that the person has complied with the personal responsibility agreement under section 21 of this chapter and the person demonstrates any of the following:
(1) The person has a substantial physical or mental disability that prevents the person from obtaining or participating in gainful employment.
(2) The person is a minor parent who is in school full time and who has a dependent child.
(3) The person is a minor parent who is enrolled full time in an educational program culminating in a high school equivalency certificate and who has a dependent child.
A person seeking an exemption under this section must show documentation to the division to substantiate the person's claim for an exemption under subdivision (1), (2), or (3).
(d) After receiving an application for exemption from a parent, an essential person, or a dependent child under subsection (c), the division shall investigate and determine if the parent, essential person, or dependent child qualifies for an exemption from this chapter. The director shall make a final determination regarding:
(1) whether to grant an exemption;
(2) the length of an exemption, if granted, subject to subsection (f); and
(3) the extent of an exemption, if granted.
(e) If the director determines that a parent, an essential person, or a dependent child qualifies for an exemption under this chapter, the parent, essential person, or dependent child is entitled to receive one hundred percent (100%) of the payments that the parent, essential person, or dependent child is entitled to receive under section 5 of this chapter, subject to any ratable reduction.
(f) An exemption granted under this section may not exceed one (1) year, but may be renewed.
(g) The division shall send a report each quarter to the legislative council and the budget committee detailing the number and type of exemptions granted under this section. A report sent under this subsection to the legislative council must be in an electronic format under IC 5-14-6.
(h) The division may adopt rules under IC 4-22-2 to carry out this section.
(b) As used in this section, "school" means a program resulting in high school graduation.
(c) Due to extraordinary circumstances, a person who is the parent of a dependent child, an essential person, or a dependent child may apply, in a manner prescribed by the division, for an exemption from the requirements of this chapter or IC 12-14-2.3 if the person can document that the person has complied with the personal responsibility agreement under section 21 of this chapter and the person demonstrates any of the following:
(1) The person has a substantial physical or mental disability that prevents the person from obtaining or participating in gainful employment.
(2) The person is a minor parent who is in school full time and who has a dependent child.
(3) The person is a minor parent who is enrolled full time in an educational program culminating in a high school equivalency certificate and who has a dependent child.
A person seeking an exemption under this section must show documentation to the division to substantiate the person's claim for an exemption under subdivision (1), (2), or (3).
(d) After receiving an application for exemption from a parent, an essential person, or a dependent child under subsection (c), the division shall investigate and determine if the parent, essential person, or dependent child qualifies for an exemption from this chapter. The director shall make a final determination regarding:
(1) whether to grant an exemption;
(2) the length of an exemption, if granted, subject to subsection (f); and
(3) the extent of an exemption, if granted.
(e) If the director determines that a parent, an essential person, or a dependent child qualifies for an exemption under this chapter, the parent, essential person, or dependent child is entitled to receive one hundred percent (100%) of the payments that the parent, essential person, or dependent child is entitled to receive under section 5 of this chapter, subject to any ratable reduction.
(f) An exemption granted under this section may not exceed one (1) year, but may be renewed.
(g) The division shall send a report each quarter to the legislative council and the budget committee detailing the number and type of exemptions granted under this section. A report sent under this subsection to the legislative council must be in an electronic format under IC 5-14-6.
(h) The division may adopt rules under IC 4-22-2 to carry out this section.
SOURCE: IC 12-14-2.3; (13)IN0533.1.7. -->
SECTION 7. IC 12-14-2.3 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]:
Chapter 2.3. Temporary Assistance for Needy Families; School Attendance
Sec. 1. This chapter applies to an individual who is a recipient of TANF assistance or a dependent child who receives TANF assistance and to whom all of the following apply:
(1) The recipient or dependent child is subject to the compulsory attendance requirements of IC 20-33-2.
(2) The recipient or dependent child has not:
(A) graduated from a high school; or
(B) obtained a state of Indiana general educational development (GED) diploma (as defined in IC 12-14-5-2).
(3) The recipient or dependent child is not excused from attending school under IC 20-33-2-14 through IC 20-33-2-17.
(4) The recipient or dependent child does not have good cause for failing to attend school, as determined according to rules adopted by the director under IC 4-22-2.
(5) If the recipient or dependent child is the mother of a child, the recipient or child is not absent from school pursuant to a determination by a physician that the recipient or the dependent child should delay returning to school after giving birth.
Sec. 2. (a) If a recipient or dependent child:
(1) has more than ten (10) unexcused absences during a school year; and
(2) is not exempted under IC 12-14-2-23 from the requirements of this chapter;
the recipient or dependent child is ineligible for TANF assistance until the recipient or child completes a semester of school in which the recipient or child does not have more than ten (10) unexcused absences.
(b) The director, in consultation with the department of education, shall adopt rules under IC 4-22-2 to establish a definition of "unexcused absence" for purposes of this chapter.
Sec. 3. The division shall require:
(1) a recipient of TANF assistance; or
(2) a parent or essential person who receives TANF assistance on behalf of a dependent child;
to provide the name of the school that the recipient or dependent child attends and to consent to the release of the recipient's or dependent child's school attendance records.
Sec. 4. The division shall provide each public school and accredited nonpublic school in which a recipient or dependent child is enrolled with the following information:
(1) The name of:
(A) each recipient or dependent child who:
(i) receives TANF assistance; and
(ii) attends the public school or accredited nonpublic school; and
(B) each parent or essential person who is required by an agreement signed under section 5(a) of this chapter to attend a conference with the teacher or teachers of the dependent child.
(2) A statement that the school is required to notify the division if one (1) or more of the following occurs:
(A) The recipient or dependent child has more than ten (10) unexcused absences.
(B) The recipient or dependent child withdraws from the school.
(C) The recipient or dependent child graduates.
(D) The recipient or dependent child is expelled.
(E) A parent or essential person described in subdivision (1)(B) fails to attend a teacher conference as required by an agreement signed under section 5(a) of this chapter.
Sec. 5. (a) In addition to signing a personal responsibility agreement under IC 12-14-2-21, a parent or essential person who receives TANF assistance on behalf of a dependent child, if the child is less than eighteen (18) years of age, shall sign an agreement to attend a conference annually with one (1) or more teachers, as determined by the school, of the dependent child.
(b) A parent or essential person who is granted an exemption under IC 12-14-2-23 may be excused from the agreement to attend teacher conferences annually, as determined by the director.
Sec. 6. If a parent or essential person who receives TANF assistance on behalf of a dependent child:
(1) does not fulfill the agreement to attend a teacher conference annually as described in section 5(a) of this chapter; and
(2) is not excused from attending the teacher conference under section 5(b) of this chapter;
the dependent child shall be ineligible for TANF assistance until the beginning of the school year following the school year during which the parent or essential person failed to attend the teacher conference.
Sec. 7. The division may adopt rules under IC 4-22-2 to carry out this chapter.
Chapter 2.3. Temporary Assistance for Needy Families; School Attendance
Sec. 1. This chapter applies to an individual who is a recipient of TANF assistance or a dependent child who receives TANF assistance and to whom all of the following apply:
(1) The recipient or dependent child is subject to the compulsory attendance requirements of IC 20-33-2.
(2) The recipient or dependent child has not:
(A) graduated from a high school; or
(B) obtained a state of Indiana general educational development (GED) diploma (as defined in IC 12-14-5-2).
(3) The recipient or dependent child is not excused from attending school under IC 20-33-2-14 through IC 20-33-2-17.
(4) The recipient or dependent child does not have good cause for failing to attend school, as determined according to rules adopted by the director under IC 4-22-2.
(5) If the recipient or dependent child is the mother of a child, the recipient or child is not absent from school pursuant to a determination by a physician that the recipient or the dependent child should delay returning to school after giving birth.
Sec. 2. (a) If a recipient or dependent child:
(1) has more than ten (10) unexcused absences during a school year; and
(2) is not exempted under IC 12-14-2-23 from the requirements of this chapter;
the recipient or dependent child is ineligible for TANF assistance until the recipient or child completes a semester of school in which the recipient or child does not have more than ten (10) unexcused absences.
(b) The director, in consultation with the department of education, shall adopt rules under IC 4-22-2 to establish a definition of "unexcused absence" for purposes of this chapter.
Sec. 3. The division shall require:
(1) a recipient of TANF assistance; or
(2) a parent or essential person who receives TANF assistance on behalf of a dependent child;
to provide the name of the school that the recipient or dependent child attends and to consent to the release of the recipient's or dependent child's school attendance records.
Sec. 4. The division shall provide each public school and accredited nonpublic school in which a recipient or dependent child is enrolled with the following information:
(1) The name of:
(A) each recipient or dependent child who:
(i) receives TANF assistance; and
(ii) attends the public school or accredited nonpublic school; and
(B) each parent or essential person who is required by an agreement signed under section 5(a) of this chapter to attend a conference with the teacher or teachers of the dependent child.
(2) A statement that the school is required to notify the division if one (1) or more of the following occurs:
(A) The recipient or dependent child has more than ten (10) unexcused absences.
(B) The recipient or dependent child withdraws from the school.
(C) The recipient or dependent child graduates.
(D) The recipient or dependent child is expelled.
(E) A parent or essential person described in subdivision (1)(B) fails to attend a teacher conference as required by an agreement signed under section 5(a) of this chapter.
Sec. 5. (a) In addition to signing a personal responsibility agreement under IC 12-14-2-21, a parent or essential person who receives TANF assistance on behalf of a dependent child, if the child is less than eighteen (18) years of age, shall sign an agreement to attend a conference annually with one (1) or more teachers, as determined by the school, of the dependent child.
(b) A parent or essential person who is granted an exemption under IC 12-14-2-23 may be excused from the agreement to attend teacher conferences annually, as determined by the director.
Sec. 6. If a parent or essential person who receives TANF assistance on behalf of a dependent child:
(1) does not fulfill the agreement to attend a teacher conference annually as described in section 5(a) of this chapter; and
(2) is not excused from attending the teacher conference under section 5(b) of this chapter;
the dependent child shall be ineligible for TANF assistance until the beginning of the school year following the school year during which the parent or essential person failed to attend the teacher conference.
Sec. 7. The division may adopt rules under IC 4-22-2 to carry out this chapter.
SOURCE: IC 12-15-2-0.5; (13)IN0533.1.8. -->
SECTION 8. IC 12-15-2-0.5, AS AMENDED BY P.L.160-2012,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 0.5. (a) This section applies to a person who
qualifies for assistance:
(1) under sections 13 through 16 of this chapter;
(2) under section 6 of this chapter when the person becomes ineligible for medical assistance under IC 12-14-2-5.1 or IC 12-14-2-5.3; or
(3) as an individual with a disability if the person is less than eighteen (18) years of age and otherwise qualifies for assistance.
(b) Notwithstanding any other law, the following may not be construed to limit health care assistance to a person described in subsection (a):
(1) IC 12-8-1.5-12.
(2) IC 12-14-1-1.
(3) IC 12-14-1-1.5.
(4) IC 12-14-2-5.1.
(5) IC 12-14-2-5.2.
(6) IC 12-14-2-5.3.
(7) IC 12-14-2-17.
(8) (7) IC 12-14-2-18.
(9) (8) IC 12-14-2-20.
(10) (9) IC 12-14-2-21.
(11) (10) IC 12-14-2-24.
(12) (11) IC 12-14-2-25.
(13) (12) IC 12-14-2-26.
(13) IC 12-14-2.3.
(14) IC 12-14-2.5.
(15) IC 12-14-5.5.
(16) Section 21 of this chapter.
(1) under sections 13 through 16 of this chapter;
(2) under section 6 of this chapter when the person becomes ineligible for medical assistance under IC 12-14-2-5.1 or IC 12-14-2-5.3; or
(3) as an individual with a disability if the person is less than eighteen (18) years of age and otherwise qualifies for assistance.
(b) Notwithstanding any other law, the following may not be construed to limit health care assistance to a person described in subsection (a):
(1) IC 12-8-1.5-12.
(2) IC 12-14-1-1.
(3) IC 12-14-1-1.5.
(4) IC 12-14-2-5.1.
(5) IC 12-14-2-5.2.
(6) IC 12-14-2-5.3.
(13) IC 12-14-2.3.
(14) IC 12-14-2.5.
(15) IC 12-14-5.5.
(16) Section 21 of this chapter.
SOURCE: IC 20-33-2-48; (13)IN0533.1.9. -->
SECTION 9. IC 20-33-2-48 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 48. (a) As used in this section, "TANF assistance" has
the meaning set forth in IC 12-7-2-189.7(b).
(b) Each public school or accredited nonpublic school that receives information described in IC 12-14-2.3-4 concerning a
(b) Each public school or accredited nonpublic school that receives information described in IC 12-14-2.3-4 concerning a
recipient of TANF assistance or a dependent child who is a
recipient of TANF assistance shall notify the division of family
resources established by IC 12-13-1-1 if any of the following occur:
(1) The recipient or dependent child has more than ten (10)
unexcused absences during a school year.
(2) The recipient or dependent child withdraws from the
school.
(3) The recipient or dependent child graduates.
(4) The recipient or dependent child is expelled.
(5) A parent or essential person described in
IC 12-14-2.3-4(1)(B) fails to attend a teacher conference as
required by an agreement signed under IC 12-14-2.3-5.
