Tenn. Code Ann. § 71-3-104 — TN Code / Title 71 / Chapter 3 / Section 71-3-104
Eligibility for temporary assistance
Status: in_force

(a) (1) A family shall be eligible for temporary assistance pursuant to this part if: (A) A dependent child resides in this state with a caretaker relative in that family, or an individual who applies for temporary assistance is pregnant, or as otherwise defined by the department; (B) The family meets income standards based upon the standard of need for a family based upon its size and income and based upon resource limits as determined by the department in its rules; (C) The family members are engaged in work activities as set forth in subsection (g), except as exempted by this part or by rule of the department; (D) The caretaker relative has agreed to and complies with a personal responsibility plan as developed by the department in accordance with subsection (h); and (E) The family or individual of the family is otherwise eligible pursuant to federal or state laws or regulations. (2) (A) To the extent permitted by federal law and guidance, the department shall create a two-year pilot program establishing an optional alternative temporary assistance pathway offering enhanced educational support services or enhanced cash assistance for families with individuals who are actively pursuing a degree, professional certification, or other educational advancement. (B) In addition to requirements established by the department by rule pursuant to this subdivision (a)(2), the eligibility requirements of subdivision (a)(1) and this part apply to families or individuals seeking assistance under this subdivision (a)(2). (C) A family may elect that all enhanced temporary assistance for which the family qualifies under this subdivision (a)(2) be provided as enhanced support services, rather than enhanced cash assistance. (D) Notwithstanding § 71-3-105(f)(2) , the department shall establish by rule the maximum enhanced grant amounts for families participating in the alternative temporary assistance pathway under this subdivision (a)(2), which must not exceed an amount one hundred percent (100%) greater than the maximum grant amounts authorized under § 71-3-105(f)(2) . (E) The annual cost of the pilot program authorized under this subdivision (a)(2) must not exceed the amount of the state's annual federal temporary assistance for needy families block grant award. (F) The pilot program established under this subdivision (a)(2) terminates two (2) years from the effective date of the first rule promulgated pursuant to this subdivision (a)(2) regarding the program. (b) (1) A caretaker relative who becomes ineligible for any reason other than a failure to comply with work requirements or to cooperate with child support obligations shall be eligible for transitional childcare assistance for a period specified by the department while the caretaker relative is employed, in school, or in employment training. Childcare assistance terminated due to failure to comply with work requirements shall be reinstated upon verification by the department that the work requirements were, in fact, being met immediately preceding such ineligibility. Childcare assistance shall be paid, on a sliding fee scale based upon the family's income for so long as federal funding or any related waiver is in effect. (2) Food stamp assistance shall continue to be available to these families as prescribed by federal or state law or regulations. (3) (A) A family that becomes financially ineligible for temporary assistance due to an increase in a caretaker relative's earned income, but continues to meet all other eligibility criteria, including compliance with the program's work requirements, shall be eligible for transitional temporary assistance for no more than six (6) months. (B) The amount of the transitional temporary assistance shall be based upon the family's income and household size. (C) Receipt of transitional temporary assistance shall count toward the recipient's maximum time limit under subsection (d). (D) The department is authorized to promulgate rules to effectuate this subdivision (b)(3) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) Persons who are recipients of temporary assistance and who marry while receiving such assistance may disregard the new spouse in determining eligibility for three (3) months after the date of marriage. (d) (1) Except as provided in this part or as otherwise required by federal law, no family shall receive assistance if that family includes an adult who has received temporary assistance from this program or the program of any other state or territory for a total of sixty (60) months, whether or not consecutive, unless an exemption is granted pursuant to this part. (2) As to a child who was not the head of a household or who was not married to the head of a household, the sixty (60) month time limit stated in subdivision (d)(1) shall not begin to run during the time that the child was a member of a family receiving assistance under this part. (3) A family shall be eligible for temporary assistance beyond the sixty-month time limit stated in subdivision (d)(1) if: (A) The family does not contain an adult; (B) The caretaker relative is sixty-five (65) years of age or older; (C) The caretaker relative is caring for a disabled or incapacitated child relative or disabled adult relative, based upon criteria set forth in the department's rules; (D) The caretaker relative is disabled, based upon criteria set forth in the department's rules; or (E) As otherwise required by federal and state laws or regulations. (4) The exemptions in subdivision (d)(3) are subject to the limitations for the percentages of individuals allowed to receive temporary assistance beyond sixty (60) months. (e) (1) No payment of assistance shall be made for an individual who is not the head of a household, who has not reached eighteen (18) years of age, who has a child who is at least sixteen (16) weeks of age in the person's care, and who has not successfully completed a high school education or its equivalent, unless the individual participates in educational activities directed toward the attainment of a high school diploma or its equivalent. (2) No payment of assistance shall be made to an individual who is head of a household, who has not reached twenty (20) years of age, who has a child who is at least sixteen (16) weeks of age in the person's care, and who has not successfully completed a high school education or its equivalent unless the individual participates in: (A) Educational activities directed toward the attainment of a high school diploma or its equivalent; or (B) Thirty (30) hours of countable work activities as delineated in subsection (g). (f) (1) Except as provided in subdivision (f)(2), if a person applying for assistance under this chapter is under eighteen (18) years of age, has never married, and is either pregnant or has the applicant's child in the applicant's care, the applicant is not eligible for assistance if: (A) The applicant and the applicant's child or children do not live in a place maintained by the applicant's parent, legal guardian, or other adult relative as such person's own home or other suitable living arrangement as otherwise defined by rule of the department; and (B) The department determines after investigation that the physical or emotional health or safety of the person applying for assistance or the dependent child or children would not be jeopardized if the applicant and the dependent child or children were required to live in one of the situations described in subdivision (f)(1)(A). (2) Subdivision (f)(1) does not apply if: (A) The person applying for assistance has no parent, legal guardian or other adult relative whose whereabouts are known; (B) No parent, legal guardian or other adult relative of the person applying for assistance allows the person to live in the home of that parent, legal guardian or other adult relative as determined by the department's verification; or (C) The department otherwise determines that there is good cause not to apply subdivision (f)(1). (g) All family members who are not otherwise exempt pursuant to rules of the department and who receive temporary assistance pursuant to this part shall engage in work, training or educational activities. The department shall define the types of activities by rule. These activities may include, but shall not be limited to, the following: (1) Employment; (2) Work experience activities; (3) On-the-job training; (4) Job search and job readiness assistance; (5) Community service programs; (6) Vocational educational training; (7) Job skills and educational training related directly to employment; (8) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; and (9) Satisfactory attendance at a secondary school, in the case of a recipient who: (A) Has not completed secondary school; and (B) Is a dependent child or a head of a household who is nineteen (19) years of age or younger. (h) (1) As a condition of eligibility, an applicant for or a recipient of temporary assistance must agree to a personal responsibility plan developed by the department in direct consultation with the applicant or recipient. For all applicants or recipients who are not exempt from the work requirements established by this part, an individualized career plan shall be developed establishing goal-oriented work activities designed to provide the applicant or recipient with an opportunity to move toward self-sufficiency. Supportive services determined essential to successful engagement in the work activities shall be provided. At least once each twelve (12) months throughout the period of continuous temporary assistance provided pursuant to this part, the department shall monitor and evaluate the personal responsibility plan to promote the recipient's success in gaining self-sufficiency. (2) (A) The personal responsibility plan shall require participation in personal responsibility activities as set forth in subsection (g). The department may provide either a parent education training class for parents or caretakers of children in pre-kindergarten through third grade (pre-K-3) or a program of volunteer service in school in which a parent or caretaker relative who is a recipient of temporary assistance under this part may agree to participate. (B) The personal responsibility plan shall also require the parent or other caretaker relative, regardless of age or disabling status, to enter a plan that requires, but is not limited to, the following: (i) The children in the family attend school; (ii) The children in the family receive immunizations and health checks; and (iii) The parent or caretaker relative cooperate in the establishment and enforcement of child support, including, but not limited to, the naming of the father of a child for purposes of paternity establishment, unless good cause not to cooperate exists, as defined by the department. (C) The personal responsibility plan shall include requirements, if the need is identified relative to the child, that: (i) The parent or a suitable adult or guardian shall attend two (2) or more conferences within a year with the child's teacher to review the child's status in school; (ii) Attend at least eight (8) hours of parenting classes; or (iii) The parent shall participate in such support services that the child may need as determined by the department to overcome any school, family, or other barriers that may interfere with the child's and the family's ability to be successful. (D) (i) Unless exempt, refusal or failure to engage in full-time employment, part-time employment or other training or other work preparation activities as set forth in subsection (g), without good cause, or the failure to cooperate in the establishment or enforcement of child support without good cause, shall result in denial of eligibility for, or termination of, temporary assistance for the entire family unit. (ii) Failure to comply with the personal responsibility plan as required under subdivisions (h)(2)(B)(i) and (ii), without good cause, shall result in a percentage reduction with regard to the temporary assistance payment in the amount of twenty percent (20%) until such time as compliance occurs. (E) The personal responsibility plan may provide transportation assistance, if needed to participate in required activities; provided, that the department shall first utilize available community transportation resources before providing such assistance from department funds. The department shall provide childcare services for those individuals who are receiving benefits, participating in work activities delineated in subsection (g), and not exempt from work activities pursuant to this part. (3) The work requirements shall be excused for: (A) [Deleted by 2024 amendment.] (B) A parent or caretaker relative who proves to the satisfaction of the department that the person must provide personal care for a disabled relative child or adult relative living in the home; (C) A single parent with a child under sixteen (16) weeks of age; (D) A person who is sixty-five (65) years of age or older; (E) A nonparental caretaker relative who chooses not to be included in the assistance group; and (F) Other exemptions that may be required by federal law or regulation, as well as other exemptions that may be established by rule of the department in order to promote the purposes of this part. (4) If, without good cause, a recipient of temporary assistance fails to comply with a child support or work plan requirement imposed by this part or prescribed within the personal responsibility plan, then the family shall be subject to appropriate sanction by the department, which may include termination of assistance for a period to be determined by the department. (i) [Deleted by 2024 amendment.] (j) No payment of temporary assistance shall be made to an individual for ten (10) years from the date of conviction, guilty plea or plea of nolo contendere of that individual in a federal or state court for having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two (2) or more states under the temporary assistance program under this part, TennCare or any program of medical services under Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), the Food Stamp Act of 1977 ( 7 U.S.C. § 2011 et seq.), or under the supplemental security income program under Title XVI of the Social Security Act ( 42 U.S.C. § 1381 et seq.). (k) (1) No payment of assistance shall be made to an individual who is fleeing to avoid prosecution or custody or confinement after conviction under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which an individual flees, or that, in the case of the state of New Jersey, is a high misdemeanor under the laws of such state, or who is violating a condition of probation or parole imposed by federal or state law. (2) (A) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted on or before June 30, 2011, under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for families first program benefits for such convictions, if such person, as determined by the department: (i) (a) Is currently participating in a substance abuse treatment program approved by the department of human services; (b) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; (c) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or (d) Is determined by a treatment provider licensed by the department of mental health and substance abuse services not to need substance abuse treatment according to TennCare guidelines; and (ii) Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations. (B) Eligibility based upon the factors in subdivision (k)(2)(A) must be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors of program eligibility, including, specifically, being accountable for the requirements of the personal responsibility plan required by this part. (C) Notwithstanding subdivision (k)(2)(A) or (k)(2)(B) to the contrary, a person convicted of a Class A felony for violating title 39, chapter 17, part 4, or convicted of an offense in another jurisdiction that would be classified as a Class A felony under title 39, chapter 17, part 4, if committed in this state, is not eligible for the exemptions provided by subdivision (k)(2)(A) or (k)(2)(B). (D) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted on or after July 1, 2011, under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for families first program benefits for such convictions, if such person meets the following requirements: (i) Requirements contained in subdivision (k)(2)(A) or (k)(2)(B) and (C); (ii) If treatment was prescribed according to the requirements in subdivision (k)(2)(A) or (k)(2)(B), successful completion of a substance abuse program must occur within three (3) attempts. If such person does not complete the originally prescribed treatment program within three (3) attempts, the individual shall be ineligible for a period of three (3) years. (E) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted of a second drug felony under federal or state law of a felony involving possession, use or distribution of a controlled substance on or after July 1, 2011, shall not be eligible for families first program benefits for a period of three (3) years from the date of conviction. (l) No payment of assistance pursuant to this part shall be made for an illegal alien in a family. Amended by 2024 Tenn. Acts, ch. 570,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 570,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 570,s 1, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 515, s 5, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 789, s 3, eff. 12/1/2018. Amended by 2014 Tenn. Acts, ch. 960,s 1, eff. 1/1/2015. Acts 1996, ch. 950, § 5; 1999, ch. 520, § 47; 2000, ch. 981, § 76; 2002, ch. 715, § 1; 2007 , ch. 31, §§ 1 - 8; 2009 , ch. 186, § 38; 2010 , ch. 1056, § 1; 2010 , ch. 1100, § 135; 2011 , ch. 221, § 1; T.C.A., § 71-3-154; Acts 2012 , ch. 575, § 1; 2012 , ch. 912, §§ 1 - 3.
(a) (1) A family shall be eligible for temporary assistance pursuant to this part if: (A) A dependent child resides in this state with a caretaker relative in that family, or an individual who applies for temporary assistance is pregnant, or as otherwise defined by the department; (B) The family meets income standards based upon the standard of need for a family based upon its size and income and based upon resource limits as determined by the department in its rules; (C) The family members are engaged in work activities as set forth in subsection (g), except as exempted by this part or by rule of the department; (D) The caretaker relative has agreed to and complies with a personal responsibility plan as developed by the department in accordance with subsection (h); and (E) The family or individual of the family is otherwise eligible pursuant to federal or state laws or regulations. (2) (A) To the extent permitted by federal law and guidance, the department shall create a two-year pilot program establishing an optional alternative temporary assistance pathway offering enhanced educational support services or enhanced cash assistance for families with individuals who are actively pursuing a degree, professional certification, or other educational advancement. (B) In addition to requirements established by the department by rule pursuant to this subdivision (a)(2), the eligibility requirements of subdivision (a)(1) and this part apply to families or individuals seeking assistance under this subdivision (a)(2). (C) A family may elect that all enhanced temporary assistance for which the family qualifies under this subdivision (a)(2) be provided as enhanced support services, rather than enhanced cash assistance. (D) Notwithstanding § 71-3-105(f)(2) , the department shall establish by rule the maximum enhanced grant amounts for families participating in the alternative temporary assistance pathway under this subdivision (a)(2), which must not exceed an amount one hundred percent (100%) greater than the maximum grant amounts authorized under § 71-3-105(f)(2) . (E) The annual cost of the pilot program authorized under this subdivision (a)(2) must not exceed the amount of the state's annual federal temporary assistance for needy families block grant award. (F) The pilot program established under this subdivision (a)(2) terminates two (2) years from the effective date of the first rule promulgated pursuant to this subdivision (a)(2) regarding the program.
(1) A family shall be eligible for temporary assistance pursuant to this part if: (A) A dependent child resides in this state with a caretaker relative in that family, or an individual who applies for temporary assistance is pregnant, or as otherwise defined by the department; (B) The family meets income standards based upon the standard of need for a family based upon its size and income and based upon resource limits as determined by the department in its rules; (C) The family members are engaged in work activities as set forth in subsection (g), except as exempted by this part or by rule of the department; (D) The caretaker relative has agreed to and complies with a personal responsibility plan as developed by the department in accordance with subsection (h); and (E) The family or individual of the family is otherwise eligible pursuant to federal or state laws or regulations.
(A) A dependent child resides in this state with a caretaker relative in that family, or an individual who applies for temporary assistance is pregnant, or as otherwise defined by the department;
(B) The family meets income standards based upon the standard of need for a family based upon its size and income and based upon resource limits as determined by the department in its rules;
(C) The family members are engaged in work activities as set forth in subsection (g), except as exempted by this part or by rule of the department;
(D) The caretaker relative has agreed to and complies with a personal responsibility plan as developed by the department in accordance with subsection (h); and
(E) The family or individual of the family is otherwise eligible pursuant to federal or state laws or regulations.
(2) (A) To the extent permitted by federal law and guidance, the department shall create a two-year pilot program establishing an optional alternative temporary assistance pathway offering enhanced educational support services or enhanced cash assistance for families with individuals who are actively pursuing a degree, professional certification, or other educational advancement. (B) In addition to requirements established by the department by rule pursuant to this subdivision (a)(2), the eligibility requirements of subdivision (a)(1) and this part apply to families or individuals seeking assistance under this subdivision (a)(2). (C) A family may elect that all enhanced temporary assistance for which the family qualifies under this subdivision (a)(2) be provided as enhanced support services, rather than enhanced cash assistance. (D) Notwithstanding § 71-3-105(f)(2) , the department shall establish by rule the maximum enhanced grant amounts for families participating in the alternative temporary assistance pathway under this subdivision (a)(2), which must not exceed an amount one hundred percent (100%) greater than the maximum grant amounts authorized under § 71-3-105(f)(2) . (E) The annual cost of the pilot program authorized under this subdivision (a)(2) must not exceed the amount of the state's annual federal temporary assistance for needy families block grant award. (F) The pilot program established under this subdivision (a)(2) terminates two (2) years from the effective date of the first rule promulgated pursuant to this subdivision (a)(2) regarding the program.
(A) To the extent permitted by federal law and guidance, the department shall create a two-year pilot program establishing an optional alternative temporary assistance pathway offering enhanced educational support services or enhanced cash assistance for families with individuals who are actively pursuing a degree, professional certification, or other educational advancement.
(B) In addition to requirements established by the department by rule pursuant to this subdivision (a)(2), the eligibility requirements of subdivision (a)(1) and this part apply to families or individuals seeking assistance under this subdivision (a)(2).
(C) A family may elect that all enhanced temporary assistance for which the family qualifies under this subdivision (a)(2) be provided as enhanced support services, rather than enhanced cash assistance.
(D) Notwithstanding § 71-3-105(f)(2) , the department shall establish by rule the maximum enhanced grant amounts for families participating in the alternative temporary assistance pathway under this subdivision (a)(2), which must not exceed an amount one hundred percent (100%) greater than the maximum grant amounts authorized under § 71-3-105(f)(2) .
(E) The annual cost of the pilot program authorized under this subdivision (a)(2) must not exceed the amount of the state's annual federal temporary assistance for needy families block grant award.
(F) The pilot program established under this subdivision (a)(2) terminates two (2) years from the effective date of the first rule promulgated pursuant to this subdivision (a)(2) regarding the program.
(b) (1) A caretaker relative who becomes ineligible for any reason other than a failure to comply with work requirements or to cooperate with child support obligations shall be eligible for transitional childcare assistance for a period specified by the department while the caretaker relative is employed, in school, or in employment training. Childcare assistance terminated due to failure to comply with work requirements shall be reinstated upon verification by the department that the work requirements were, in fact, being met immediately preceding such ineligibility. Childcare assistance shall be paid, on a sliding fee scale based upon the family's income for so long as federal funding or any related waiver is in effect. (2) Food stamp assistance shall continue to be available to these families as prescribed by federal or state law or regulations. (3) (A) A family that becomes financially ineligible for temporary assistance due to an increase in a caretaker relative's earned income, but continues to meet all other eligibility criteria, including compliance with the program's work requirements, shall be eligible for transitional temporary assistance for no more than six (6) months. (B) The amount of the transitional temporary assistance shall be based upon the family's income and household size. (C) Receipt of transitional temporary assistance shall count toward the recipient's maximum time limit under subsection (d). (D) The department is authorized to promulgate rules to effectuate this subdivision (b)(3) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) A caretaker relative who becomes ineligible for any reason other than a failure to comply with work requirements or to cooperate with child support obligations shall be eligible for transitional childcare assistance for a period specified by the department while the caretaker relative is employed, in school, or in employment training. Childcare assistance terminated due to failure to comply with work requirements shall be reinstated upon verification by the department that the work requirements were, in fact, being met immediately preceding such ineligibility. Childcare assistance shall be paid, on a sliding fee scale based upon the family's income for so long as federal funding or any related waiver is in effect.
(2) Food stamp assistance shall continue to be available to these families as prescribed by federal or state law or regulations.
(3) (A) A family that becomes financially ineligible for temporary assistance due to an increase in a caretaker relative's earned income, but continues to meet all other eligibility criteria, including compliance with the program's work requirements, shall be eligible for transitional temporary assistance for no more than six (6) months. (B) The amount of the transitional temporary assistance shall be based upon the family's income and household size. (C) Receipt of transitional temporary assistance shall count toward the recipient's maximum time limit under subsection (d). (D) The department is authorized to promulgate rules to effectuate this subdivision (b)(3) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(A) A family that becomes financially ineligible for temporary assistance due to an increase in a caretaker relative's earned income, but continues to meet all other eligibility criteria, including compliance with the program's work requirements, shall be eligible for transitional temporary assistance for no more than six (6) months.
(B) The amount of the transitional temporary assistance shall be based upon the family's income and household size.
(C) Receipt of transitional temporary assistance shall count toward the recipient's maximum time limit under subsection (d).
(D) The department is authorized to promulgate rules to effectuate this subdivision (b)(3) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) Persons who are recipients of temporary assistance and who marry while receiving such assistance may disregard the new spouse in determining eligibility for three (3) months after the date of marriage.
(d) (1) Except as provided in this part or as otherwise required by federal law, no family shall receive assistance if that family includes an adult who has received temporary assistance from this program or the program of any other state or territory for a total of sixty (60) months, whether or not consecutive, unless an exemption is granted pursuant to this part. (2) As to a child who was not the head of a household or who was not married to the head of a household, the sixty (60) month time limit stated in subdivision (d)(1) shall not begin to run during the time that the child was a member of a family receiving assistance under this part. (3) A family shall be eligible for temporary assistance beyond the sixty-month time limit stated in subdivision (d)(1) if: (A) The family does not contain an adult; (B) The caretaker relative is sixty-five (65) years of age or older; (C) The caretaker relative is caring for a disabled or incapacitated child relative or disabled adult relative, based upon criteria set forth in the department's rules; (D) The caretaker relative is disabled, based upon criteria set forth in the department's rules; or (E) As otherwise required by federal and state laws or regulations. (4) The exemptions in subdivision (d)(3) are subject to the limitations for the percentages of individuals allowed to receive temporary assistance beyond sixty (60) months.
(1) Except as provided in this part or as otherwise required by federal law, no family shall receive assistance if that family includes an adult who has received temporary assistance from this program or the program of any other state or territory for a total of sixty (60) months, whether or not consecutive, unless an exemption is granted pursuant to this part.
(2) As to a child who was not the head of a household or who was not married to the head of a household, the sixty (60) month time limit stated in subdivision (d)(1) shall not begin to run during the time that the child was a member of a family receiving assistance under this part.
(3) A family shall be eligible for temporary assistance beyond the sixty-month time limit stated in subdivision (d)(1) if: (A) The family does not contain an adult; (B) The caretaker relative is sixty-five (65) years of age or older; (C) The caretaker relative is caring for a disabled or incapacitated child relative or disabled adult relative, based upon criteria set forth in the department's rules; (D) The caretaker relative is disabled, based upon criteria set forth in the department's rules; or (E) As otherwise required by federal and state laws or regulations.
(A) The family does not contain an adult;
(B) The caretaker relative is sixty-five (65) years of age or older;
(C) The caretaker relative is caring for a disabled or incapacitated child relative or disabled adult relative, based upon criteria set forth in the department's rules;
(D) The caretaker relative is disabled, based upon criteria set forth in the department's rules; or
(E) As otherwise required by federal and state laws or regulations.
(4) The exemptions in subdivision (d)(3) are subject to the limitations for the percentages of individuals allowed to receive temporary assistance beyond sixty (60) months.
(e) (1) No payment of assistance shall be made for an individual who is not the head of a household, who has not reached eighteen (18) years of age, who has a child who is at least sixteen (16) weeks of age in the person's care, and who has not successfully completed a high school education or its equivalent, unless the individual participates in educational activities directed toward the attainment of a high school diploma or its equivalent. (2) No payment of assistance shall be made to an individual who is head of a household, who has not reached twenty (20) years of age, who has a child who is at least sixteen (16) weeks of age in the person's care, and who has not successfully completed a high school education or its equivalent unless the individual participates in: (A) Educational activities directed toward the attainment of a high school diploma or its equivalent; or (B) Thirty (30) hours of countable work activities as delineated in subsection (g).
(1) No payment of assistance shall be made for an individual who is not the head of a household, who has not reached eighteen (18) years of age, who has a child who is at least sixteen (16) weeks of age in the person's care, and who has not successfully completed a high school education or its equivalent, unless the individual participates in educational activities directed toward the attainment of a high school diploma or its equivalent.
(2) No payment of assistance shall be made to an individual who is head of a household, who has not reached twenty (20) years of age, who has a child who is at least sixteen (16) weeks of age in the person's care, and who has not successfully completed a high school education or its equivalent unless the individual participates in: (A) Educational activities directed toward the attainment of a high school diploma or its equivalent; or (B) Thirty (30) hours of countable work activities as delineated in subsection (g).
(A) Educational activities directed toward the attainment of a high school diploma or its equivalent; or
(B) Thirty (30) hours of countable work activities as delineated in subsection (g).
(f) (1) Except as provided in subdivision (f)(2), if a person applying for assistance under this chapter is under eighteen (18) years of age, has never married, and is either pregnant or has the applicant's child in the applicant's care, the applicant is not eligible for assistance if: (A) The applicant and the applicant's child or children do not live in a place maintained by the applicant's parent, legal guardian, or other adult relative as such person's own home or other suitable living arrangement as otherwise defined by rule of the department; and (B) The department determines after investigation that the physical or emotional health or safety of the person applying for assistance or the dependent child or children would not be jeopardized if the applicant and the dependent child or children were required to live in one of the situations described in subdivision (f)(1)(A). (2) Subdivision (f)(1) does not apply if: (A) The person applying for assistance has no parent, legal guardian or other adult relative whose whereabouts are known; (B) No parent, legal guardian or other adult relative of the person applying for assistance allows the person to live in the home of that parent, legal guardian or other adult relative as determined by the department's verification; or (C) The department otherwise determines that there is good cause not to apply subdivision (f)(1).
(1) Except as provided in subdivision (f)(2), if a person applying for assistance under this chapter is under eighteen (18) years of age, has never married, and is either pregnant or has the applicant's child in the applicant's care, the applicant is not eligible for assistance if: (A) The applicant and the applicant's child or children do not live in a place maintained by the applicant's parent, legal guardian, or other adult relative as such person's own home or other suitable living arrangement as otherwise defined by rule of the department; and (B) The department determines after investigation that the physical or emotional health or safety of the person applying for assistance or the dependent child or children would not be jeopardized if the applicant and the dependent child or children were required to live in one of the situations described in subdivision (f)(1)(A).
(A) The applicant and the applicant's child or children do not live in a place maintained by the applicant's parent, legal guardian, or other adult relative as such person's own home or other suitable living arrangement as otherwise defined by rule of the department; and
(B) The department determines after investigation that the physical or emotional health or safety of the person applying for assistance or the dependent child or children would not be jeopardized if the applicant and the dependent child or children were required to live in one of the situations described in subdivision (f)(1)(A).
(2) Subdivision (f)(1) does not apply if: (A) The person applying for assistance has no parent, legal guardian or other adult relative whose whereabouts are known; (B) No parent, legal guardian or other adult relative of the person applying for assistance allows the person to live in the home of that parent, legal guardian or other adult relative as determined by the department's verification; or (C) The department otherwise determines that there is good cause not to apply subdivision (f)(1).
(A) The person applying for assistance has no parent, legal guardian or other adult relative whose whereabouts are known;
(B) No parent, legal guardian or other adult relative of the person applying for assistance allows the person to live in the home of that parent, legal guardian or other adult relative as determined by the department's verification; or
(C) The department otherwise determines that there is good cause not to apply subdivision (f)(1).
(g) All family members who are not otherwise exempt pursuant to rules of the department and who receive temporary assistance pursuant to this part shall engage in work, training or educational activities. The department shall define the types of activities by rule. These activities may include, but shall not be limited to, the following: (1) Employment; (2) Work experience activities; (3) On-the-job training; (4) Job search and job readiness assistance; (5) Community service programs; (6) Vocational educational training; (7) Job skills and educational training related directly to employment; (8) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; and (9) Satisfactory attendance at a secondary school, in the case of a recipient who: (A) Has not completed secondary school; and (B) Is a dependent child or a head of a household who is nineteen (19) years of age or younger.
(1) Employment;
(2) Work experience activities;
(3) On-the-job training;
(4) Job search and job readiness assistance;
(5) Community service programs;
(6) Vocational educational training;
(7) Job skills and educational training related directly to employment;
(8) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; and
(9) Satisfactory attendance at a secondary school, in the case of a recipient who: (A) Has not completed secondary school; and (B) Is a dependent child or a head of a household who is nineteen (19) years of age or younger.
(A) Has not completed secondary school; and
(B) Is a dependent child or a head of a household who is nineteen (19) years of age or younger.
(h) (1) As a condition of eligibility, an applicant for or a recipient of temporary assistance must agree to a personal responsibility plan developed by the department in direct consultation with the applicant or recipient. For all applicants or recipients who are not exempt from the work requirements established by this part, an individualized career plan shall be developed establishing goal-oriented work activities designed to provide the applicant or recipient with an opportunity to move toward self-sufficiency. Supportive services determined essential to successful engagement in the work activities shall be provided. At least once each twelve (12) months throughout the period of continuous temporary assistance provided pursuant to this part, the department shall monitor and evaluate the personal responsibility plan to promote the recipient's success in gaining self-sufficiency. (2) (A) The personal responsibility plan shall require participation in personal responsibility activities as set forth in subsection (g). The department may provide either a parent education training class for parents or caretakers of children in pre-kindergarten through third grade (pre-K-3) or a program of volunteer service in school in which a parent or caretaker relative who is a recipient of temporary assistance under this part may agree to participate. (B) The personal responsibility plan shall also require the parent or other caretaker relative, regardless of age or disabling status, to enter a plan that requires, but is not limited to, the following: (i) The children in the family attend school; (ii) The children in the family receive immunizations and health checks; and (iii) The parent or caretaker relative cooperate in the establishment and enforcement of child support, including, but not limited to, the naming of the father of a child for purposes of paternity establishment, unless good cause not to cooperate exists, as defined by the department. (C) The personal responsibility plan shall include requirements, if the need is identified relative to the child, that: (i) The parent or a suitable adult or guardian shall attend two (2) or more conferences within a year with the child's teacher to review the child's status in school; (ii) Attend at least eight (8) hours of parenting classes; or (iii) The parent shall participate in such support services that the child may need as determined by the department to overcome any school, family, or other barriers that may interfere with the child's and the family's ability to be successful. (D) (i) Unless exempt, refusal or failure to engage in full-time employment, part-time employment or other training or other work preparation activities as set forth in subsection (g), without good cause, or the failure to cooperate in the establishment or enforcement of child support without good cause, shall result in denial of eligibility for, or termination of, temporary assistance for the entire family unit. (ii) Failure to comply with the personal responsibility plan as required under subdivisions (h)(2)(B)(i) and (ii), without good cause, shall result in a percentage reduction with regard to the temporary assistance payment in the amount of twenty percent (20%) until such time as compliance occurs. (E) The personal responsibility plan may provide transportation assistance, if needed to participate in required activities; provided, that the department shall first utilize available community transportation resources before providing such assistance from department funds. The department shall provide childcare services for those individuals who are receiving benefits, participating in work activities delineated in subsection (g), and not exempt from work activities pursuant to this part. (3) The work requirements shall be excused for: (A) [Deleted by 2024 amendment.] (B) A parent or caretaker relative who proves to the satisfaction of the department that the person must provide personal care for a disabled relative child or adult relative living in the home; (C) A single parent with a child under sixteen (16) weeks of age; (D) A person who is sixty-five (65) years of age or older; (E) A nonparental caretaker relative who chooses not to be included in the assistance group; and (F) Other exemptions that may be required by federal law or regulation, as well as other exemptions that may be established by rule of the department in order to promote the purposes of this part. (4) If, without good cause, a recipient of temporary assistance fails to comply with a child support or work plan requirement imposed by this part or prescribed within the personal responsibility plan, then the family shall be subject to appropriate sanction by the department, which may include termination of assistance for a period to be determined by the department.
(1) As a condition of eligibility, an applicant for or a recipient of temporary assistance must agree to a personal responsibility plan developed by the department in direct consultation with the applicant or recipient. For all applicants or recipients who are not exempt from the work requirements established by this part, an individualized career plan shall be developed establishing goal-oriented work activities designed to provide the applicant or recipient with an opportunity to move toward self-sufficiency. Supportive services determined essential to successful engagement in the work activities shall be provided. At least once each twelve (12) months throughout the period of continuous temporary assistance provided pursuant to this part, the department shall monitor and evaluate the personal responsibility plan to promote the recipient's success in gaining self-sufficiency.
(2) (A) The personal responsibility plan shall require participation in personal responsibility activities as set forth in subsection (g). The department may provide either a parent education training class for parents or caretakers of children in pre-kindergarten through third grade (pre-K-3) or a program of volunteer service in school in which a parent or caretaker relative who is a recipient of temporary assistance under this part may agree to participate. (B) The personal responsibility plan shall also require the parent or other caretaker relative, regardless of age or disabling status, to enter a plan that requires, but is not limited to, the following: (i) The children in the family attend school; (ii) The children in the family receive immunizations and health checks; and (iii) The parent or caretaker relative cooperate in the establishment and enforcement of child support, including, but not limited to, the naming of the father of a child for purposes of paternity establishment, unless good cause not to cooperate exists, as defined by the department. (C) The personal responsibility plan shall include requirements, if the need is identified relative to the child, that: (i) The parent or a suitable adult or guardian shall attend two (2) or more conferences within a year with the child's teacher to review the child's status in school; (ii) Attend at least eight (8) hours of parenting classes; or (iii) The parent shall participate in such support services that the child may need as determined by the department to overcome any school, family, or other barriers that may interfere with the child's and the family's ability to be successful. (D) (i) Unless exempt, refusal or failure to engage in full-time employment, part-time employment or other training or other work preparation activities as set forth in subsection (g), without good cause, or the failure to cooperate in the establishment or enforcement of child support without good cause, shall result in denial of eligibility for, or termination of, temporary assistance for the entire family unit. (ii) Failure to comply with the personal responsibility plan as required under subdivisions (h)(2)(B)(i) and (ii), without good cause, shall result in a percentage reduction with regard to the temporary assistance payment in the amount of twenty percent (20%) until such time as compliance occurs. (E) The personal responsibility plan may provide transportation assistance, if needed to participate in required activities; provided, that the department shall first utilize available community transportation resources before providing such assistance from department funds. The department shall provide childcare services for those individuals who are receiving benefits, participating in work activities delineated in subsection (g), and not exempt from work activities pursuant to this part.
(A) The personal responsibility plan shall require participation in personal responsibility activities as set forth in subsection (g). The department may provide either a parent education training class for parents or caretakers of children in pre-kindergarten through third grade (pre-K-3) or a program of volunteer service in school in which a parent or caretaker relative who is a recipient of temporary assistance under this part may agree to participate.
(B) The personal responsibility plan shall also require the parent or other caretaker relative, regardless of age or disabling status, to enter a plan that requires, but is not limited to, the following: (i) The children in the family attend school; (ii) The children in the family receive immunizations and health checks; and (iii) The parent or caretaker relative cooperate in the establishment and enforcement of child support, including, but not limited to, the naming of the father of a child for purposes of paternity establishment, unless good cause not to cooperate exists, as defined by the department.
(i) The children in the family attend school;
(ii) The children in the family receive immunizations and health checks; and
(iii) The parent or caretaker relative cooperate in the establishment and enforcement of child support, including, but not limited to, the naming of the father of a child for purposes of paternity establishment, unless good cause not to cooperate exists, as defined by the department.
(C) The personal responsibility plan shall include requirements, if the need is identified relative to the child, that: (i) The parent or a suitable adult or guardian shall attend two (2) or more conferences within a year with the child's teacher to review the child's status in school; (ii) Attend at least eight (8) hours of parenting classes; or (iii) The parent shall participate in such support services that the child may need as determined by the department to overcome any school, family, or other barriers that may interfere with the child's and the family's ability to be successful.
(i) The parent or a suitable adult or guardian shall attend two (2) or more conferences within a year with the child's teacher to review the child's status in school;
(ii) Attend at least eight (8) hours of parenting classes; or
(iii) The parent shall participate in such support services that the child may need as determined by the department to overcome any school, family, or other barriers that may interfere with the child's and the family's ability to be successful.
(D) (i) Unless exempt, refusal or failure to engage in full-time employment, part-time employment or other training or other work preparation activities as set forth in subsection (g), without good cause, or the failure to cooperate in the establishment or enforcement of child support without good cause, shall result in denial of eligibility for, or termination of, temporary assistance for the entire family unit. (ii) Failure to comply with the personal responsibility plan as required under subdivisions (h)(2)(B)(i) and (ii), without good cause, shall result in a percentage reduction with regard to the temporary assistance payment in the amount of twenty percent (20%) until such time as compliance occurs.
(i) Unless exempt, refusal or failure to engage in full-time employment, part-time employment or other training or other work preparation activities as set forth in subsection (g), without good cause, or the failure to cooperate in the establishment or enforcement of child support without good cause, shall result in denial of eligibility for, or termination of, temporary assistance for the entire family unit.
(ii) Failure to comply with the personal responsibility plan as required under subdivisions (h)(2)(B)(i) and (ii), without good cause, shall result in a percentage reduction with regard to the temporary assistance payment in the amount of twenty percent (20%) until such time as compliance occurs.
(E) The personal responsibility plan may provide transportation assistance, if needed to participate in required activities; provided, that the department shall first utilize available community transportation resources before providing such assistance from department funds. The department shall provide childcare services for those individuals who are receiving benefits, participating in work activities delineated in subsection (g), and not exempt from work activities pursuant to this part.
(3) The work requirements shall be excused for: (A) [Deleted by 2024 amendment.] (B) A parent or caretaker relative who proves to the satisfaction of the department that the person must provide personal care for a disabled relative child or adult relative living in the home; (C) A single parent with a child under sixteen (16) weeks of age; (D) A person who is sixty-five (65) years of age or older; (E) A nonparental caretaker relative who chooses not to be included in the assistance group; and (F) Other exemptions that may be required by federal law or regulation, as well as other exemptions that may be established by rule of the department in order to promote the purposes of this part.
(A) [Deleted by 2024 amendment.]
(B) A parent or caretaker relative who proves to the satisfaction of the department that the person must provide personal care for a disabled relative child or adult relative living in the home;
(C) A single parent with a child under sixteen (16) weeks of age;
(D) A person who is sixty-five (65) years of age or older;
(E) A nonparental caretaker relative who chooses not to be included in the assistance group; and
(F) Other exemptions that may be required by federal law or regulation, as well as other exemptions that may be established by rule of the department in order to promote the purposes of this part.
(4) If, without good cause, a recipient of temporary assistance fails to comply with a child support or work plan requirement imposed by this part or prescribed within the personal responsibility plan, then the family shall be subject to appropriate sanction by the department, which may include termination of assistance for a period to be determined by the department.
(i) [Deleted by 2024 amendment.]
(j) No payment of temporary assistance shall be made to an individual for ten (10) years from the date of conviction, guilty plea or plea of nolo contendere of that individual in a federal or state court for having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance simultaneously from two (2) or more states under the temporary assistance program under this part, TennCare or any program of medical services under Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), the Food Stamp Act of 1977 ( 7 U.S.C. § 2011 et seq.), or under the supplemental security income program under Title XVI of the Social Security Act ( 42 U.S.C. § 1381 et seq.).
(k) (1) No payment of assistance shall be made to an individual who is fleeing to avoid prosecution or custody or confinement after conviction under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which an individual flees, or that, in the case of the state of New Jersey, is a high misdemeanor under the laws of such state, or who is violating a condition of probation or parole imposed by federal or state law. (2) (A) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted on or before June 30, 2011, under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for families first program benefits for such convictions, if such person, as determined by the department: (i) (a) Is currently participating in a substance abuse treatment program approved by the department of human services; (b) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; (c) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or (d) Is determined by a treatment provider licensed by the department of mental health and substance abuse services not to need substance abuse treatment according to TennCare guidelines; and (ii) Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations. (B) Eligibility based upon the factors in subdivision (k)(2)(A) must be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors of program eligibility, including, specifically, being accountable for the requirements of the personal responsibility plan required by this part. (C) Notwithstanding subdivision (k)(2)(A) or (k)(2)(B) to the contrary, a person convicted of a Class A felony for violating title 39, chapter 17, part 4, or convicted of an offense in another jurisdiction that would be classified as a Class A felony under title 39, chapter 17, part 4, if committed in this state, is not eligible for the exemptions provided by subdivision (k)(2)(A) or (k)(2)(B). (D) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted on or after July 1, 2011, under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for families first program benefits for such convictions, if such person meets the following requirements: (i) Requirements contained in subdivision (k)(2)(A) or (k)(2)(B) and (C); (ii) If treatment was prescribed according to the requirements in subdivision (k)(2)(A) or (k)(2)(B), successful completion of a substance abuse program must occur within three (3) attempts. If such person does not complete the originally prescribed treatment program within three (3) attempts, the individual shall be ineligible for a period of three (3) years. (E) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted of a second drug felony under federal or state law of a felony involving possession, use or distribution of a controlled substance on or after July 1, 2011, shall not be eligible for families first program benefits for a period of three (3) years from the date of conviction.
(1) No payment of assistance shall be made to an individual who is fleeing to avoid prosecution or custody or confinement after conviction under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which an individual flees, or that, in the case of the state of New Jersey, is a high misdemeanor under the laws of such state, or who is violating a condition of probation or parole imposed by federal or state law.
(2) (A) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted on or before June 30, 2011, under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for families first program benefits for such convictions, if such person, as determined by the department: (i) (a) Is currently participating in a substance abuse treatment program approved by the department of human services; (b) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; (c) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or (d) Is determined by a treatment provider licensed by the department of mental health and substance abuse services not to need substance abuse treatment according to TennCare guidelines; and (ii) Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations. (B) Eligibility based upon the factors in subdivision (k)(2)(A) must be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors of program eligibility, including, specifically, being accountable for the requirements of the personal responsibility plan required by this part. (C) Notwithstanding subdivision (k)(2)(A) or (k)(2)(B) to the contrary, a person convicted of a Class A felony for violating title 39, chapter 17, part 4, or convicted of an offense in another jurisdiction that would be classified as a Class A felony under title 39, chapter 17, part 4, if committed in this state, is not eligible for the exemptions provided by subdivision (k)(2)(A) or (k)(2)(B). (D) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted on or after July 1, 2011, under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for families first program benefits for such convictions, if such person meets the following requirements: (i) Requirements contained in subdivision (k)(2)(A) or (k)(2)(B) and (C); (ii) If treatment was prescribed according to the requirements in subdivision (k)(2)(A) or (k)(2)(B), successful completion of a substance abuse program must occur within three (3) attempts. If such person does not complete the originally prescribed treatment program within three (3) attempts, the individual shall be ineligible for a period of three (3) years. (E) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted of a second drug felony under federal or state law of a felony involving possession, use or distribution of a controlled substance on or after July 1, 2011, shall not be eligible for families first program benefits for a period of three (3) years from the date of conviction.
(A) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted on or before June 30, 2011, under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for families first program benefits for such convictions, if such person, as determined by the department: (i) (a) Is currently participating in a substance abuse treatment program approved by the department of human services; (b) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; (c) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or (d) Is determined by a treatment provider licensed by the department of mental health and substance abuse services not to need substance abuse treatment according to TennCare guidelines; and (ii) Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations.
(i) (a) Is currently participating in a substance abuse treatment program approved by the department of human services; (b) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; (c) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or (d) Is determined by a treatment provider licensed by the department of mental health and substance abuse services not to need substance abuse treatment according to TennCare guidelines; and
(a) Is currently participating in a substance abuse treatment program approved by the department of human services;
(b) Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity;
(c) Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or
(d) Is determined by a treatment provider licensed by the department of mental health and substance abuse services not to need substance abuse treatment according to TennCare guidelines; and
(ii) Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations.
(B) Eligibility based upon the factors in subdivision (k)(2)(A) must be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors of program eligibility, including, specifically, being accountable for the requirements of the personal responsibility plan required by this part.
(C) Notwithstanding subdivision (k)(2)(A) or (k)(2)(B) to the contrary, a person convicted of a Class A felony for violating title 39, chapter 17, part 4, or convicted of an offense in another jurisdiction that would be classified as a Class A felony under title 39, chapter 17, part 4, if committed in this state, is not eligible for the exemptions provided by subdivision (k)(2)(A) or (k)(2)(B).
(D) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted on or after July 1, 2011, under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for families first program benefits for such convictions, if such person meets the following requirements: (i) Requirements contained in subdivision (k)(2)(A) or (k)(2)(B) and (C); (ii) If treatment was prescribed according to the requirements in subdivision (k)(2)(A) or (k)(2)(B), successful completion of a substance abuse program must occur within three (3) attempts. If such person does not complete the originally prescribed treatment program within three (3) attempts, the individual shall be ineligible for a period of three (3) years.
(i) Requirements contained in subdivision (k)(2)(A) or (k)(2)(B) and (C);
(ii) If treatment was prescribed according to the requirements in subdivision (k)(2)(A) or (k)(2)(B), successful completion of a substance abuse program must occur within three (3) attempts. If such person does not complete the originally prescribed treatment program within three (3) attempts, the individual shall be ineligible for a period of three (3) years.
(E) Pursuant to the option granted the state by 21 U.S.C. § 862a(d) , an individual convicted of a second drug felony under federal or state law of a felony involving possession, use or distribution of a controlled substance on or after July 1, 2011, shall not be eligible for families first program benefits for a period of three (3) years from the date of conviction.
(l) No payment of assistance pursuant to this part shall be made for an illegal alien in a family.
Amended by 2024 Tenn. Acts, ch. 570,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 570,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 570,s 1, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 515, s 5, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 789, s 3, eff. 12/1/2018.
Amended by 2014 Tenn. Acts, ch. 960,s 1, eff. 1/1/2015.
Acts 1996, ch. 950, § 5; 1999, ch. 520, § 47; 2000, ch. 981, § 76; 2002, ch. 715, § 1; 2007 , ch. 31, §§ 1 - 8; 2009 , ch. 186, § 38; 2010 , ch. 1056, § 1; 2010 , ch. 1100, § 135; 2011 , ch. 221, § 1; T.C.A., § 71-3-154; Acts 2012 , ch. 575, § 1; 2012 , ch. 912, §§ 1 - 3.
Tenn. Code Ann. § 71-3-1110 — TN Code / Title 71 / Chapter 3 / Section 71-3-1110
[Effective until 6/30/2025. See T.C.A. 71-3-1113] Additional rules and regulations
Status: in_force

(a) The department may adopt additional rules and regulations governing the program, including, but not limited to, any rules or regulations necessary to comply with or to implement any federal requirement, federal waiver or state plan governing the program. The department is authorized to promulgate emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. All rules and regulations governing the program shall be promulgated in accordance with the Uniform Administrative Procedures Act. (b) The rules may include, as necessary, but need not be limited to: (1) The application, enrollment and disenrollment processes for the program; (2) The benefit package to be provided through the program; (3) Provisions for participant cost sharing, if any, including, at the department's discretion: (A) The establishment of enrollment fees, premiums, deductibles and copayments; and (B) The process for setting the amounts of enrollment fees, premiums, deductibles, and copayments, taking into account a participant's family income; (4) The type of professionals or other provider entities who may deliver services or direct the delivery of services and the qualifications required of those professionals or entities; and (5) Provisions regarding the sharing of health information under this part. (c) In adopting rules, the department shall consider the federal requirements on which the receipt of Title XXI ( 42 U.S.C. § 1397aa et seq.), funding is contingent and shall not establish any program criteria or requirements that will disqualify the program from that funding. Rules adopted by the department must, when appropriate, take into account the availability of appropriated funds. Acts 2006, ch. 867, § 7; 2009 , ch. 566, § 12.
(a) The department may adopt additional rules and regulations governing the program, including, but not limited to, any rules or regulations necessary to comply with or to implement any federal requirement, federal waiver or state plan governing the program. The department is authorized to promulgate emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. All rules and regulations governing the program shall be promulgated in accordance with the Uniform Administrative Procedures Act.
(b) The rules may include, as necessary, but need not be limited to: (1) The application, enrollment and disenrollment processes for the program; (2) The benefit package to be provided through the program; (3) Provisions for participant cost sharing, if any, including, at the department's discretion: (A) The establishment of enrollment fees, premiums, deductibles and copayments; and (B) The process for setting the amounts of enrollment fees, premiums, deductibles, and copayments, taking into account a participant's family income; (4) The type of professionals or other provider entities who may deliver services or direct the delivery of services and the qualifications required of those professionals or entities; and (5) Provisions regarding the sharing of health information under this part.
(1) The application, enrollment and disenrollment processes for the program;
(2) The benefit package to be provided through the program;
(3) Provisions for participant cost sharing, if any, including, at the department's discretion: (A) The establishment of enrollment fees, premiums, deductibles and copayments; and (B) The process for setting the amounts of enrollment fees, premiums, deductibles, and copayments, taking into account a participant's family income;
(A) The establishment of enrollment fees, premiums, deductibles and copayments; and
(B) The process for setting the amounts of enrollment fees, premiums, deductibles, and copayments, taking into account a participant's family income;
(4) The type of professionals or other provider entities who may deliver services or direct the delivery of services and the qualifications required of those professionals or entities; and
(5) Provisions regarding the sharing of health information under this part.
(c) In adopting rules, the department shall consider the federal requirements on which the receipt of Title XXI ( 42 U.S.C. § 1397aa et seq.), funding is contingent and shall not establish any program criteria or requirements that will disqualify the program from that funding. Rules adopted by the department must, when appropriate, take into account the availability of appropriated funds.
Acts 2006, ch. 867, § 7; 2009 , ch. 566, § 12.
Tenn. Code Ann. § 71-3-518 — TN Code / Title 71 / Chapter 3 / Section 71-3-518
Priority on wait list of children with parent or guardian serving on active duty in armed forces
Status: in_force

(a) Unless otherwise prohibited by federal or state law, no child care agency licensed under this part shall place a dependent child on a wait list behind a child without a parent or legal guardian serving on active duty in the armed services of the United States, if the dependent child: (1) Has a parent or legal guardian that is an active-duty member of the armed services of the United States; or (2) Has a parent who was killed, died as a direct result of injuries received or has been officially reported as being either a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances. (b) To be eligible under subdivision (a)(2), the dependent child or the legal guardian of the dependent child shall: (1) Present official certification from the United States government that the parent veteran was killed or died as a direct result of injuries received while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict; or (2) Present official certification from the United States government that the parent veteran has been officially reported as being a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances as appropriate within one hundred and eighty (180) days prior to applying for child care services. (c) As used in this section, "dependent child", "qualifying period of armed conflict", and "serving honorably" have the same meanings as in § 49-7-102 . Amended by 2014 Tenn. Acts, ch. 972,s 2, eff. 5/19/2014. Added by 2013 Tenn. Acts, ch. 291,s 1, eff. 7/1/2013.
(a) Unless otherwise prohibited by federal or state law, no child care agency licensed under this part shall place a dependent child on a wait list behind a child without a parent or legal guardian serving on active duty in the armed services of the United States, if the dependent child: (1) Has a parent or legal guardian that is an active-duty member of the armed services of the United States; or (2) Has a parent who was killed, died as a direct result of injuries received or has been officially reported as being either a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances.
(1) Has a parent or legal guardian that is an active-duty member of the armed services of the United States; or
(2) Has a parent who was killed, died as a direct result of injuries received or has been officially reported as being either a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances.
(b) To be eligible under subdivision (a)(2), the dependent child or the legal guardian of the dependent child shall: (1) Present official certification from the United States government that the parent veteran was killed or died as a direct result of injuries received while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict; or (2) Present official certification from the United States government that the parent veteran has been officially reported as being a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances as appropriate within one hundred and eighty (180) days prior to applying for child care services.
(1) Present official certification from the United States government that the parent veteran was killed or died as a direct result of injuries received while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict; or
(2) Present official certification from the United States government that the parent veteran has been officially reported as being a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances as appropriate within one hundred and eighty (180) days prior to applying for child care services.
(c) As used in this section, "dependent child", "qualifying period of armed conflict", and "serving honorably" have the same meanings as in § 49-7-102 .
Amended by 2014 Tenn. Acts, ch. 972,s 2, eff. 5/19/2014.
Added by 2013 Tenn. Acts, ch. 291,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 71-3-514 — TN Code / Title 71 / Chapter 3 / Section 71-3-514
Establishment of drug testing policy
Status: in_force

(a) (1) All persons or entities operating a child care agency as defined in this part, unless exempt as provided in § 71-3-503 , shall establish a drug testing policy for employees, directors, licensees and operators of child care agencies and for other persons providing services under contract or for remuneration for the agency, who have direct contact, as defined by the department, with a child in the care of the agency. (2) The policy shall specify how testing should be completed by the child care agency and provide for immediate and effective enforcement action involving such persons by the child care agency in the event of a positive drug test. (3) The policy shall be provided by the child care agency to persons employed or engaged for contract or remunerative services prior to July 1, 2009, and to all such persons upon initial employment or initial engagement in contract or remunerative services for the agency. (4) The policy established pursuant to this section shall not supersede the requirements of § 71-3-502(d)(7)(C)(v) that all persons described in § 71-3-502(d)(7)(C)(v) satisfactorily complete a drug test prior to engaging in transportation services for children in a child care agency. (b) (1) The policy shall require drug testing based upon reasonable suspicion that employees, directors, licensees, or operators of a child care agency, or other persons providing services under contract or for remuneration for the agency are engaged in the use of illegal drugs. (2) The policy shall require persons employed or engaged for contract or remunerative services prior to July 1, 2009, to have a drug test based upon reasonable suspicion that the persons are engaged in the use of illegal drugs. (3) Events that may give rise to reasonable suspicion for purposes of requiring a drug test include, but are not limited to: (A) Deterioration in job performance or changes in personal traits or characteristics; (B) Appearance in a specific incident or observation which indicates that an individual is under the present influence of drugs; (C) Changes in personal behavior not attributable to other factors; (D) Involvement in or contribution to an accident where the use of drugs is reasonably suspected, regardless of whether the accident involves actual injury; or (E) Alleged violation of or conviction of criminal drug law statutes involving the use of illegal drugs or prescription drugs. (c) A child care agency shall, at no expense to the state, maintain for five (5) years and immediately make available to the department upon request a copy of drug testing results for an individual who is employed as a caregiver, director, licensee or operator at the child care agency, or for other persons providing services under contract or for remuneration for the agency, who have direct contact with children in the care of the agency. (d) It shall be the responsibility of the individual who is to be tested to pay the appropriate fees necessary to obtain a drug test pursuant to the policy established by a child care agency. Drug testing results obtained under this section are confidential and may be disclosed only for purposes of enforcing this part. (e) Notwithstanding subsection (a), a licensee or operator of a family child care home who has direct contact with children in the care of the family child care home shall submit to a drug test at the expense of the licensee or operator, when the department has reasonable suspicion to believe that the licensee or operator is engaged in the use of illegal drugs. (f) A child care agency that does not comply with this section is subject to the department: (1) Denying the application for a provisional license; (2) Denying a license following the issuance of a provisional license; or (3) Suspending or revoking a license issued. Amended by 2021 Tenn. Acts, ch. 280, Secs.s25, s26 eff. 7/1/2021. Acts 2008 , ch. 1068, § 1.
(a) (1) All persons or entities operating a child care agency as defined in this part, unless exempt as provided in § 71-3-503 , shall establish a drug testing policy for employees, directors, licensees and operators of child care agencies and for other persons providing services under contract or for remuneration for the agency, who have direct contact, as defined by the department, with a child in the care of the agency. (2) The policy shall specify how testing should be completed by the child care agency and provide for immediate and effective enforcement action involving such persons by the child care agency in the event of a positive drug test. (3) The policy shall be provided by the child care agency to persons employed or engaged for contract or remunerative services prior to July 1, 2009, and to all such persons upon initial employment or initial engagement in contract or remunerative services for the agency. (4) The policy established pursuant to this section shall not supersede the requirements of § 71-3-502(d)(7)(C)(v) that all persons described in § 71-3-502(d)(7)(C)(v) satisfactorily complete a drug test prior to engaging in transportation services for children in a child care agency.
(1) All persons or entities operating a child care agency as defined in this part, unless exempt as provided in § 71-3-503 , shall establish a drug testing policy for employees, directors, licensees and operators of child care agencies and for other persons providing services under contract or for remuneration for the agency, who have direct contact, as defined by the department, with a child in the care of the agency.
(2) The policy shall specify how testing should be completed by the child care agency and provide for immediate and effective enforcement action involving such persons by the child care agency in the event of a positive drug test.
(3) The policy shall be provided by the child care agency to persons employed or engaged for contract or remunerative services prior to July 1, 2009, and to all such persons upon initial employment or initial engagement in contract or remunerative services for the agency.
(4) The policy established pursuant to this section shall not supersede the requirements of § 71-3-502(d)(7)(C)(v) that all persons described in § 71-3-502(d)(7)(C)(v) satisfactorily complete a drug test prior to engaging in transportation services for children in a child care agency.
(b) (1) The policy shall require drug testing based upon reasonable suspicion that employees, directors, licensees, or operators of a child care agency, or other persons providing services under contract or for remuneration for the agency are engaged in the use of illegal drugs. (2) The policy shall require persons employed or engaged for contract or remunerative services prior to July 1, 2009, to have a drug test based upon reasonable suspicion that the persons are engaged in the use of illegal drugs. (3) Events that may give rise to reasonable suspicion for purposes of requiring a drug test include, but are not limited to: (A) Deterioration in job performance or changes in personal traits or characteristics; (B) Appearance in a specific incident or observation which indicates that an individual is under the present influence of drugs; (C) Changes in personal behavior not attributable to other factors; (D) Involvement in or contribution to an accident where the use of drugs is reasonably suspected, regardless of whether the accident involves actual injury; or (E) Alleged violation of or conviction of criminal drug law statutes involving the use of illegal drugs or prescription drugs.
(1) The policy shall require drug testing based upon reasonable suspicion that employees, directors, licensees, or operators of a child care agency, or other persons providing services under contract or for remuneration for the agency are engaged in the use of illegal drugs.
(2) The policy shall require persons employed or engaged for contract or remunerative services prior to July 1, 2009, to have a drug test based upon reasonable suspicion that the persons are engaged in the use of illegal drugs.
(3) Events that may give rise to reasonable suspicion for purposes of requiring a drug test include, but are not limited to: (A) Deterioration in job performance or changes in personal traits or characteristics; (B) Appearance in a specific incident or observation which indicates that an individual is under the present influence of drugs; (C) Changes in personal behavior not attributable to other factors; (D) Involvement in or contribution to an accident where the use of drugs is reasonably suspected, regardless of whether the accident involves actual injury; or (E) Alleged violation of or conviction of criminal drug law statutes involving the use of illegal drugs or prescription drugs.
(A) Deterioration in job performance or changes in personal traits or characteristics;
(B) Appearance in a specific incident or observation which indicates that an individual is under the present influence of drugs;
(C) Changes in personal behavior not attributable to other factors;
(D) Involvement in or contribution to an accident where the use of drugs is reasonably suspected, regardless of whether the accident involves actual injury; or
(E) Alleged violation of or conviction of criminal drug law statutes involving the use of illegal drugs or prescription drugs.
(c) A child care agency shall, at no expense to the state, maintain for five (5) years and immediately make available to the department upon request a copy of drug testing results for an individual who is employed as a caregiver, director, licensee or operator at the child care agency, or for other persons providing services under contract or for remuneration for the agency, who have direct contact with children in the care of the agency.
(d) It shall be the responsibility of the individual who is to be tested to pay the appropriate fees necessary to obtain a drug test pursuant to the policy established by a child care agency. Drug testing results obtained under this section are confidential and may be disclosed only for purposes of enforcing this part.
(e) Notwithstanding subsection (a), a licensee or operator of a family child care home who has direct contact with children in the care of the family child care home shall submit to a drug test at the expense of the licensee or operator, when the department has reasonable suspicion to believe that the licensee or operator is engaged in the use of illegal drugs.
(f) A child care agency that does not comply with this section is subject to the department: (1) Denying the application for a provisional license; (2) Denying a license following the issuance of a provisional license; or (3) Suspending or revoking a license issued.
(1) Denying the application for a provisional license;
(2) Denying a license following the issuance of a provisional license; or
(3) Suspending or revoking a license issued.
Amended by 2021 Tenn. Acts, ch. 280, Secs.s25, s26 eff. 7/1/2021.
Acts 2008 , ch. 1068, § 1.
Tenn. Code Ann. § 71-5-164 — TN Code / Title 71 / Chapter 5 / Section 71-5-164
Waiver for purpose of establishing Katie Beckett program
Status: in_force

(a) The commissioner of finance and administration is directed to submit, no later than one hundred twenty (120) days after May 24, 2019, to the federal centers for medicare and medicaid services a waiver or waivers pursuant to Section 1115 of the Social Security Act for the purpose of establishing a distinct Katie Beckett program. The Katie Beckett program must be designed in consultation with the commissioner of disability and aging and must be administered in accordance with this section. It is the intent of the general assembly, that subject to approval by the centers for medicare and medicaid services, the Katie Beckett program be composed of two (2) parts as described in subsections (b) and (c); provided, however, that if the centers for medicare and medicaid services only approves one (1) part of the program, either Part A or Part B as described in subsections (b) and (c) respectively, then the approved part may be administered without the other part. (b) Part A of the Katie Beckett program: (1) Must be designed to provide a pathway to eligibility for medicaid services and essential wraparound home- and community-based services by waiving the deeming of the parents' income and resources as applicable to a child who is under eighteen (18) years of age and: (A) Has medical needs that: (i) Result in severe functional limitations that meet criteria established specifically for children; (ii) Would qualify the child for institutionalization in an acute care hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; and (iii) Are likely to last at least twelve (12) months or result in death; (B) Is not receiving long-term services from any alternative waiver program established under this title; (C) Would otherwise qualify for supplemental security income due to the child's disability but for the income or resources of their parent; (D) For whom a licensed physician has certified that in-home care is an appropriate way to meet the child's needs; and (E) For whom the cost of care outside of the institution does not exceed the estimated medicaid cost of appropriate institutional care; (2) Must offer an integrated program that: (A) As funding permits, provides children meeting the criteria in subdivision (b)(1) with treatment and support, including, but not limited to: (i) Respite care; (ii) Care coordination; and (iii) Medically necessary medical care and supportive services; (B) Accepts applications for the program during periods of open enrollment; (C) Prioritizes for enrollment into the program children with the most significant disabilities or complex medical needs; (D) Delivers medically necessary care and essential wraparound services and supports in the most integrated setting appropriate and cost-effective way possible in order to utilize available funding to serve as many children as possible; and (E) If approved by the federal centers for medicare and medicaid services: (i) Requires periodic reevaluations of an enrolled child's eligibility based upon eligibility criteria for all open categories of TennCare coverage; and (ii) At the time of reevaluation, allows the bureau of TennCare to disenroll a child who no longer meets the eligibility criteria for any open category of TennCare coverage; (3) Must provide children applying for or enrolled in Part A of the program with the same appeal rights accorded all other TennCare applicants and enrollees; and (4) May require parents of children enrolled in Part A of the program to purchase and maintain available private or employer-sponsored insurance that offers coverage for the child, and establish buy-in or premium requirements, using a sliding fee scale based on parent income, to help offset state costs and ensure program sustainability. Any premiums must take into account any amounts paid by a family for private insurance also provided for the child. (c) Part B of the Katie Beckett program: (1) Must be administered by the department of disability and aging; (2) Must be designed as a medicaid diversion plan and offer a capped package of essential wraparound services and supports as well as premium assistance, using a sliding fee scale based on parent income, for a child who is under eighteen (18) years of age and: (A) Has medical needs that: (i) Meet the level of care criteria established specifically for children; (ii) Would qualify the child for institutionalization in an acute care hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities or place the child at risk of institutionalization; and (iii) Are likely to last at least twelve (12) months or result in death; and (B) Is not medicaid eligible and is not receiving long-term services from any alternative waiver program established under this title; (3) Must provide services in the most integrated setting appropriate and cost-effective way possible in order to utilize available funding to assist as many children and families as possible; support and sustain child health; utilize, support, and sustain family caregiving; plan and prepare the child for transition to employment and community living with as much independence as possible; and delay the need for medicaid eligibility and services; (4) Must determine eligibility for services based solely upon medical necessity; and (5) Must provide children applying for or enrolled in Part B of the program with the same appeal rights accorded all other TennCare and department of disability and aging applicants and enrollees. (d) If the bureau of TennCare finds it cost-effective and all necessary federal waivers are obtained, then parents or guardians of a child meeting the criteria in subsection (b) or (c) may be authorized to hire and manage care providers for specified wraparound services using a consumer direction model. (e) Beginning February 1, 2020, and no later than February 1 of each year thereafter, the bureau of TennCare and the department of disability and aging shall issue an annual joint report to the insurance committee of the house of representatives and the health and welfare committee of the senate on the status of the Katie Beckett program that includes, but is not limited to, the following information: (1) Total spent on program funding, including state and federal funds; (2) The amount of administrative costs to operate the program; (3) The costs of Part A and Part B, individually; (4) The number of children served through the program; (5) The services provided by and through the program; and (6) The income range of the parents of children participating in the program. (f) The bureau of TennCare and the department of disability and aging are authorized, as necessary, to promulgate rules to effectuate the purposes of this section. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (g) This section does not create an entitlement to services through the provisions of a Katie Beckett program, and the services provided and the number of individuals served are subject to appropriations made for that purpose. Amended by 2024 Tenn. Acts, ch. 688,s 183, eff. 7/1/2024. Added by 2019 Tenn. Acts, ch. 494, s 1, eff. 5/24/2019.
(a) The commissioner of finance and administration is directed to submit, no later than one hundred twenty (120) days after May 24, 2019, to the federal centers for medicare and medicaid services a waiver or waivers pursuant to Section 1115 of the Social Security Act for the purpose of establishing a distinct Katie Beckett program. The Katie Beckett program must be designed in consultation with the commissioner of disability and aging and must be administered in accordance with this section. It is the intent of the general assembly, that subject to approval by the centers for medicare and medicaid services, the Katie Beckett program be composed of two (2) parts as described in subsections (b) and (c); provided, however, that if the centers for medicare and medicaid services only approves one (1) part of the program, either Part A or Part B as described in subsections (b) and (c) respectively, then the approved part may be administered without the other part.
(b) Part A of the Katie Beckett program: (1) Must be designed to provide a pathway to eligibility for medicaid services and essential wraparound home- and community-based services by waiving the deeming of the parents' income and resources as applicable to a child who is under eighteen (18) years of age and: (A) Has medical needs that: (i) Result in severe functional limitations that meet criteria established specifically for children; (ii) Would qualify the child for institutionalization in an acute care hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; and (iii) Are likely to last at least twelve (12) months or result in death; (B) Is not receiving long-term services from any alternative waiver program established under this title; (C) Would otherwise qualify for supplemental security income due to the child's disability but for the income or resources of their parent; (D) For whom a licensed physician has certified that in-home care is an appropriate way to meet the child's needs; and (E) For whom the cost of care outside of the institution does not exceed the estimated medicaid cost of appropriate institutional care; (2) Must offer an integrated program that: (A) As funding permits, provides children meeting the criteria in subdivision (b)(1) with treatment and support, including, but not limited to: (i) Respite care; (ii) Care coordination; and (iii) Medically necessary medical care and supportive services; (B) Accepts applications for the program during periods of open enrollment; (C) Prioritizes for enrollment into the program children with the most significant disabilities or complex medical needs; (D) Delivers medically necessary care and essential wraparound services and supports in the most integrated setting appropriate and cost-effective way possible in order to utilize available funding to serve as many children as possible; and (E) If approved by the federal centers for medicare and medicaid services: (i) Requires periodic reevaluations of an enrolled child's eligibility based upon eligibility criteria for all open categories of TennCare coverage; and (ii) At the time of reevaluation, allows the bureau of TennCare to disenroll a child who no longer meets the eligibility criteria for any open category of TennCare coverage; (3) Must provide children applying for or enrolled in Part A of the program with the same appeal rights accorded all other TennCare applicants and enrollees; and (4) May require parents of children enrolled in Part A of the program to purchase and maintain available private or employer-sponsored insurance that offers coverage for the child, and establish buy-in or premium requirements, using a sliding fee scale based on parent income, to help offset state costs and ensure program sustainability. Any premiums must take into account any amounts paid by a family for private insurance also provided for the child.
(1) Must be designed to provide a pathway to eligibility for medicaid services and essential wraparound home- and community-based services by waiving the deeming of the parents' income and resources as applicable to a child who is under eighteen (18) years of age and: (A) Has medical needs that: (i) Result in severe functional limitations that meet criteria established specifically for children; (ii) Would qualify the child for institutionalization in an acute care hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; and (iii) Are likely to last at least twelve (12) months or result in death; (B) Is not receiving long-term services from any alternative waiver program established under this title; (C) Would otherwise qualify for supplemental security income due to the child's disability but for the income or resources of their parent; (D) For whom a licensed physician has certified that in-home care is an appropriate way to meet the child's needs; and (E) For whom the cost of care outside of the institution does not exceed the estimated medicaid cost of appropriate institutional care;
(A) Has medical needs that: (i) Result in severe functional limitations that meet criteria established specifically for children; (ii) Would qualify the child for institutionalization in an acute care hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; and (iii) Are likely to last at least twelve (12) months or result in death;
(i) Result in severe functional limitations that meet criteria established specifically for children;
(ii) Would qualify the child for institutionalization in an acute care hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; and
(iii) Are likely to last at least twelve (12) months or result in death;
(B) Is not receiving long-term services from any alternative waiver program established under this title;
(C) Would otherwise qualify for supplemental security income due to the child's disability but for the income or resources of their parent;
(D) For whom a licensed physician has certified that in-home care is an appropriate way to meet the child's needs; and
(E) For whom the cost of care outside of the institution does not exceed the estimated medicaid cost of appropriate institutional care;
(2) Must offer an integrated program that: (A) As funding permits, provides children meeting the criteria in subdivision (b)(1) with treatment and support, including, but not limited to: (i) Respite care; (ii) Care coordination; and (iii) Medically necessary medical care and supportive services; (B) Accepts applications for the program during periods of open enrollment; (C) Prioritizes for enrollment into the program children with the most significant disabilities or complex medical needs; (D) Delivers medically necessary care and essential wraparound services and supports in the most integrated setting appropriate and cost-effective way possible in order to utilize available funding to serve as many children as possible; and (E) If approved by the federal centers for medicare and medicaid services: (i) Requires periodic reevaluations of an enrolled child's eligibility based upon eligibility criteria for all open categories of TennCare coverage; and (ii) At the time of reevaluation, allows the bureau of TennCare to disenroll a child who no longer meets the eligibility criteria for any open category of TennCare coverage;
(A) As funding permits, provides children meeting the criteria in subdivision (b)(1) with treatment and support, including, but not limited to: (i) Respite care; (ii) Care coordination; and (iii) Medically necessary medical care and supportive services;
(i) Respite care;
(ii) Care coordination; and
(iii) Medically necessary medical care and supportive services;
(B) Accepts applications for the program during periods of open enrollment;
(C) Prioritizes for enrollment into the program children with the most significant disabilities or complex medical needs;
(D) Delivers medically necessary care and essential wraparound services and supports in the most integrated setting appropriate and cost-effective way possible in order to utilize available funding to serve as many children as possible; and
(E) If approved by the federal centers for medicare and medicaid services: (i) Requires periodic reevaluations of an enrolled child's eligibility based upon eligibility criteria for all open categories of TennCare coverage; and (ii) At the time of reevaluation, allows the bureau of TennCare to disenroll a child who no longer meets the eligibility criteria for any open category of TennCare coverage;
(i) Requires periodic reevaluations of an enrolled child's eligibility based upon eligibility criteria for all open categories of TennCare coverage; and
(ii) At the time of reevaluation, allows the bureau of TennCare to disenroll a child who no longer meets the eligibility criteria for any open category of TennCare coverage;
(3) Must provide children applying for or enrolled in Part A of the program with the same appeal rights accorded all other TennCare applicants and enrollees; and
(4) May require parents of children enrolled in Part A of the program to purchase and maintain available private or employer-sponsored insurance that offers coverage for the child, and establish buy-in or premium requirements, using a sliding fee scale based on parent income, to help offset state costs and ensure program sustainability. Any premiums must take into account any amounts paid by a family for private insurance also provided for the child.
(c) Part B of the Katie Beckett program: (1) Must be administered by the department of disability and aging; (2) Must be designed as a medicaid diversion plan and offer a capped package of essential wraparound services and supports as well as premium assistance, using a sliding fee scale based on parent income, for a child who is under eighteen (18) years of age and: (A) Has medical needs that: (i) Meet the level of care criteria established specifically for children; (ii) Would qualify the child for institutionalization in an acute care hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities or place the child at risk of institutionalization; and (iii) Are likely to last at least twelve (12) months or result in death; and (B) Is not medicaid eligible and is not receiving long-term services from any alternative waiver program established under this title; (3) Must provide services in the most integrated setting appropriate and cost-effective way possible in order to utilize available funding to assist as many children and families as possible; support and sustain child health; utilize, support, and sustain family caregiving; plan and prepare the child for transition to employment and community living with as much independence as possible; and delay the need for medicaid eligibility and services; (4) Must determine eligibility for services based solely upon medical necessity; and (5) Must provide children applying for or enrolled in Part B of the program with the same appeal rights accorded all other TennCare and department of disability and aging applicants and enrollees.
(1) Must be administered by the department of disability and aging;
(2) Must be designed as a medicaid diversion plan and offer a capped package of essential wraparound services and supports as well as premium assistance, using a sliding fee scale based on parent income, for a child who is under eighteen (18) years of age and: (A) Has medical needs that: (i) Meet the level of care criteria established specifically for children; (ii) Would qualify the child for institutionalization in an acute care hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities or place the child at risk of institutionalization; and (iii) Are likely to last at least twelve (12) months or result in death; and (B) Is not medicaid eligible and is not receiving long-term services from any alternative waiver program established under this title;
(A) Has medical needs that: (i) Meet the level of care criteria established specifically for children; (ii) Would qualify the child for institutionalization in an acute care hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities or place the child at risk of institutionalization; and (iii) Are likely to last at least twelve (12) months or result in death; and
(i) Meet the level of care criteria established specifically for children;
(ii) Would qualify the child for institutionalization in an acute care hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities or place the child at risk of institutionalization; and
(iii) Are likely to last at least twelve (12) months or result in death; and
(B) Is not medicaid eligible and is not receiving long-term services from any alternative waiver program established under this title;
(3) Must provide services in the most integrated setting appropriate and cost-effective way possible in order to utilize available funding to assist as many children and families as possible; support and sustain child health; utilize, support, and sustain family caregiving; plan and prepare the child for transition to employment and community living with as much independence as possible; and delay the need for medicaid eligibility and services;
(4) Must determine eligibility for services based solely upon medical necessity; and
(5) Must provide children applying for or enrolled in Part B of the program with the same appeal rights accorded all other TennCare and department of disability and aging applicants and enrollees.
(d) If the bureau of TennCare finds it cost-effective and all necessary federal waivers are obtained, then parents or guardians of a child meeting the criteria in subsection (b) or (c) may be authorized to hire and manage care providers for specified wraparound services using a consumer direction model.
(e) Beginning February 1, 2020, and no later than February 1 of each year thereafter, the bureau of TennCare and the department of disability and aging shall issue an annual joint report to the insurance committee of the house of representatives and the health and welfare committee of the senate on the status of the Katie Beckett program that includes, but is not limited to, the following information: (1) Total spent on program funding, including state and federal funds; (2) The amount of administrative costs to operate the program; (3) The costs of Part A and Part B, individually; (4) The number of children served through the program; (5) The services provided by and through the program; and (6) The income range of the parents of children participating in the program.
(1) Total spent on program funding, including state and federal funds;
(2) The amount of administrative costs to operate the program;
(3) The costs of Part A and Part B, individually;
(4) The number of children served through the program;
(5) The services provided by and through the program; and
(6) The income range of the parents of children participating in the program.
(f) The bureau of TennCare and the department of disability and aging are authorized, as necessary, to promulgate rules to effectuate the purposes of this section. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(g) This section does not create an entitlement to services through the provisions of a Katie Beckett program, and the services provided and the number of individuals served are subject to appropriations made for that purpose.
Amended by 2024 Tenn. Acts, ch. 688,s 183, eff. 7/1/2024.
Added by 2019 Tenn. Acts, ch. 494, s 1, eff. 5/24/2019.
Tenn. Code Ann. § 71-4-809 — TN Code / Title 71 / Chapter 4 / Section 71-4-809
Authority of state treasurer to request assistance from and exchange data with other departments and agencies
Status: in_force

In conjunction with the state treasurer's authority contained in this part, the state treasurer has the authority to request assistance from, and exchange data with, other departments and agencies of the state in carrying out the purpose and intent of this part and the requirements contained in the code, including, but not limited to, the office of vital records. Notwithstanding any other law to the contrary, the office of vital records shall provide the state treasurer with vital records information without charge. Acts 2015, ch. 470, § 9.
In conjunction with the state treasurer's authority contained in this part, the state treasurer has the authority to request assistance from, and exchange data with, other departments and agencies of the state in carrying out the purpose and intent of this part and the requirements contained in the code, including, but not limited to, the office of vital records. Notwithstanding any other law to the contrary, the office of vital records shall provide the state treasurer with vital records information without charge.
Acts 2015, ch. 470, § 9.
Tenn. Code Ann. § 71-5-2307 — TN Code / Title 71 / Chapter 5 / Section 71-5-2307
Setting aside contract
Status: in_force

The county legislative body has the power, upon good cause shown, to set aside any contract letting out the support of the poor as above, making proper allowances for the time it has been in operation. Code 1858, § 1618; Shan., § 2702; Code 1932, § 4819; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1007, 14-20-307.
The county legislative body has the power, upon good cause shown, to set aside any contract letting out the support of the poor as above, making proper allowances for the time it has been in operation.
Code 1858, § 1618; Shan., § 2702; Code 1932, § 4819; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-1007, 14-20-307.
Tenn. Code Ann. § 71-3-1202 — TN Code / Title 71 / Chapter 3 / Section 71-3-1202
Implementation of program of suspicion-based drug testing for applicants to TANF
Status: in_force

(a) The department of human services shall develop a plan to implement a program of suspicion-based drug testing for each applicant who is otherwise eligible for temporary assistance for needy families (TANF), or its successor program. (b) (1) Dependent children under eighteen (18) years of age are exempt from the drug testing requirement pursuant to this part; provided, however, that any minor parent who is an applicant for TANF benefits who does not live with a parent, legal guardian, or other adult caretaker relative must comply with the drug testing requirements of this part. (2) In a two-parent household, only one (1) parent shall be required to undergo a drug test. (c) The implementation shall occur in phases over a two-year period. The department shall report on the status of the implementation to the health and welfare committee of the senate and the health committee of the house of representatives. The status reports shall be sent to the chairs of each committee quarterly beginning October 1, 2012, during the implementation period. (d) (1) The department shall consult with substance abuse treatment experts, as determined by the commissioner of human services, and shall develop appropriate screening techniques and processes that will establish reasonable cause that an applicant for TANF is using a drug as defined by this part and that can be used to establish the necessary criteria to permit the department to require the applicant to undergo a urine-based five (5) panel drug test to be conducted by a drug testing agency. (2) The applicant may inform the drug testing agency administering the test of any prescription or over-the-counter medication the person is taking. No drug for which an applicant has a current valid prescription shall be a basis for denial of TANF benefits pursuant to this part. (3) Following an initial positive drug test, the applicant shall undergo a confirmation test using the same urine sample from the initial positive test prior to determination of TANF eligibility. The results of the confirmation test shall be used to determine final eligibility for TANF benefits. (e) The department shall identify and select a screening tool such as the substance abuse subtle screening inventory (SASSI) or such other screening techniques as part of the development of the screening technique that will be employed for this program. (f) (1) The department shall develop a plan for funding of the costs of the screening process, the urine-based drug testing process, any personnel and information systems modification costs, and any other costs associated with the development and implementation of the testing process. (2) The plan shall provide for funding from existing TANF or other funding available to the department, from appropriations requested by the department or from any combination of sources. (g) The department shall develop a plan for any modification of its information systems necessary to properly track and report on the status of applicants who are screened and who must undergo testing as required by this part, including a detailed analysis of costs for systems analysis, programming and testing of modifications and implementation dates for completion of the modifications. (h) The drug testing plan shall require, at a minimum, the following: (1) That the department shall establish a referral process for any applicant who tests positive to be referred to an appropriate treatment resource for drug abuse treatment or other resource by the department for an appropriate treatment period as determined by the department. The plan shall require evidence of ongoing compliance during the treatment period. If the applicant is otherwise eligible during the treatment period, the applicant shall receive TANF benefits during the treatment period no longer than six (6) months; (2) That refusal of an applicant who tests positive to enter a treatment plan or failure to complete the treatment plan shall result in ineligibility for TANF benefits for six (6) months; (3) That at the conclusion of the treatment period the applicant shall be tested again using the urine-based five (5) panel drug test, and the plan shall require that upon retesting, if the applicant tests positive for the use of drugs that is validated by a confirmation test, the applicant shall be ineligible for TANF benefits for six (6) months; (4) That if the person tests positive for drugs in a subsequent drug test after the six (6) months disqualification period that person shall be ineligible to receive TANF benefits for one (1) year from the date of the positive confirmation drug test; (5) That if a caretaker relative is deemed ineligible for TANF benefits as a result of failing a drug test, the dependent child's eligibility for TANF benefits is not affected, and an appropriate protective payee shall be designated to receive TANF benefits on behalf of the child who is under sixteen (16) years of age. Amended by 2013 Tenn. Acts, ch. 236, s 60, eff. 4/19/2013. Acts 2012, ch. 1079, § 3.
(a) The department of human services shall develop a plan to implement a program of suspicion-based drug testing for each applicant who is otherwise eligible for temporary assistance for needy families (TANF), or its successor program.
(b) (1) Dependent children under eighteen (18) years of age are exempt from the drug testing requirement pursuant to this part; provided, however, that any minor parent who is an applicant for TANF benefits who does not live with a parent, legal guardian, or other adult caretaker relative must comply with the drug testing requirements of this part. (2) In a two-parent household, only one (1) parent shall be required to undergo a drug test.
(1) Dependent children under eighteen (18) years of age are exempt from the drug testing requirement pursuant to this part; provided, however, that any minor parent who is an applicant for TANF benefits who does not live with a parent, legal guardian, or other adult caretaker relative must comply with the drug testing requirements of this part.
(2) In a two-parent household, only one (1) parent shall be required to undergo a drug test.
(c) The implementation shall occur in phases over a two-year period. The department shall report on the status of the implementation to the health and welfare committee of the senate and the health committee of the house of representatives. The status reports shall be sent to the chairs of each committee quarterly beginning October 1, 2012, during the implementation period.
(d) (1) The department shall consult with substance abuse treatment experts, as determined by the commissioner of human services, and shall develop appropriate screening techniques and processes that will establish reasonable cause that an applicant for TANF is using a drug as defined by this part and that can be used to establish the necessary criteria to permit the department to require the applicant to undergo a urine-based five (5) panel drug test to be conducted by a drug testing agency. (2) The applicant may inform the drug testing agency administering the test of any prescription or over-the-counter medication the person is taking. No drug for which an applicant has a current valid prescription shall be a basis for denial of TANF benefits pursuant to this part. (3) Following an initial positive drug test, the applicant shall undergo a confirmation test using the same urine sample from the initial positive test prior to determination of TANF eligibility. The results of the confirmation test shall be used to determine final eligibility for TANF benefits.
(1) The department shall consult with substance abuse treatment experts, as determined by the commissioner of human services, and shall develop appropriate screening techniques and processes that will establish reasonable cause that an applicant for TANF is using a drug as defined by this part and that can be used to establish the necessary criteria to permit the department to require the applicant to undergo a urine-based five (5) panel drug test to be conducted by a drug testing agency.
(2) The applicant may inform the drug testing agency administering the test of any prescription or over-the-counter medication the person is taking. No drug for which an applicant has a current valid prescription shall be a basis for denial of TANF benefits pursuant to this part.
(3) Following an initial positive drug test, the applicant shall undergo a confirmation test using the same urine sample from the initial positive test prior to determination of TANF eligibility. The results of the confirmation test shall be used to determine final eligibility for TANF benefits.
(e) The department shall identify and select a screening tool such as the substance abuse subtle screening inventory (SASSI) or such other screening techniques as part of the development of the screening technique that will be employed for this program.
(f) (1) The department shall develop a plan for funding of the costs of the screening process, the urine-based drug testing process, any personnel and information systems modification costs, and any other costs associated with the development and implementation of the testing process. (2) The plan shall provide for funding from existing TANF or other funding available to the department, from appropriations requested by the department or from any combination of sources.
(1) The department shall develop a plan for funding of the costs of the screening process, the urine-based drug testing process, any personnel and information systems modification costs, and any other costs associated with the development and implementation of the testing process.
(2) The plan shall provide for funding from existing TANF or other funding available to the department, from appropriations requested by the department or from any combination of sources.
(g) The department shall develop a plan for any modification of its information systems necessary to properly track and report on the status of applicants who are screened and who must undergo testing as required by this part, including a detailed analysis of costs for systems analysis, programming and testing of modifications and implementation dates for completion of the modifications.
(h) The drug testing plan shall require, at a minimum, the following: (1) That the department shall establish a referral process for any applicant who tests positive to be referred to an appropriate treatment resource for drug abuse treatment or other resource by the department for an appropriate treatment period as determined by the department. The plan shall require evidence of ongoing compliance during the treatment period. If the applicant is otherwise eligible during the treatment period, the applicant shall receive TANF benefits during the treatment period no longer than six (6) months; (2) That refusal of an applicant who tests positive to enter a treatment plan or failure to complete the treatment plan shall result in ineligibility for TANF benefits for six (6) months; (3) That at the conclusion of the treatment period the applicant shall be tested again using the urine-based five (5) panel drug test, and the plan shall require that upon retesting, if the applicant tests positive for the use of drugs that is validated by a confirmation test, the applicant shall be ineligible for TANF benefits for six (6) months; (4) That if the person tests positive for drugs in a subsequent drug test after the six (6) months disqualification period that person shall be ineligible to receive TANF benefits for one (1) year from the date of the positive confirmation drug test; (5) That if a caretaker relative is deemed ineligible for TANF benefits as a result of failing a drug test, the dependent child's eligibility for TANF benefits is not affected, and an appropriate protective payee shall be designated to receive TANF benefits on behalf of the child who is under sixteen (16) years of age.
(1) That the department shall establish a referral process for any applicant who tests positive to be referred to an appropriate treatment resource for drug abuse treatment or other resource by the department for an appropriate treatment period as determined by the department. The plan shall require evidence of ongoing compliance during the treatment period. If the applicant is otherwise eligible during the treatment period, the applicant shall receive TANF benefits during the treatment period no longer than six (6) months;
(2) That refusal of an applicant who tests positive to enter a treatment plan or failure to complete the treatment plan shall result in ineligibility for TANF benefits for six (6) months;
(3) That at the conclusion of the treatment period the applicant shall be tested again using the urine-based five (5) panel drug test, and the plan shall require that upon retesting, if the applicant tests positive for the use of drugs that is validated by a confirmation test, the applicant shall be ineligible for TANF benefits for six (6) months;
(4) That if the person tests positive for drugs in a subsequent drug test after the six (6) months disqualification period that person shall be ineligible to receive TANF benefits for one (1) year from the date of the positive confirmation drug test;
(5) That if a caretaker relative is deemed ineligible for TANF benefits as a result of failing a drug test, the dependent child's eligibility for TANF benefits is not affected, and an appropriate protective payee shall be designated to receive TANF benefits on behalf of the child who is under sixteen (16) years of age.
Amended by 2013 Tenn. Acts, ch. 236, s 60, eff. 4/19/2013.
Acts 2012, ch. 1079, § 3.
Tenn. Code Ann. § 71-3-1105 — TN Code / Title 71 / Chapter 3 / Section 71-3-1105
[Effective until 6/30/2025. See T.C.A. 71-3-1113] Federal approval
Status: in_force

The department is authorized to seek federal approval for the program, pursuant to Title XXI ( 42 U.S.C. § 1397aa et seq.), through a state plan, state plan amendment or request for federal waivers. Acts 2006, ch. 867, § 7.
The department is authorized to seek federal approval for the program, pursuant to Title XXI ( 42 U.S.C. § 1397aa et seq.), through a state plan, state plan amendment or request for federal waivers.
Acts 2006, ch. 867, § 7.
Tenn. Code Ann. § 71-2-202 — TN Code / Title 71 / Chapter 2 / Section 71-2-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Assistance" means either money payments made to or in behalf of aged persons in need, or medical care and treatment, nursing home care, drugs including hospitalization, and outpatient care or any other type of remedial care recognized under state law in behalf of aged persons in need, or any of these, but does not include subdivisions (1)(A)-(1)(D) unless the federal Social Security Act (42 U.S.C.), is amended to include one (1) or more of the following: (A) Any such payments to or care in behalf of any individual who is an inmate of a public institution, except as a patient in a medical institution, or any individual who is a patient in an institution for tuberculosis or mental diseases; (B) Any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result of tuberculosis or psychosis; (C) Any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that such individual has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution as a result of such diagnosis, for forty-two (42) days; or (D) Is not an inmate of any private institution except such private institution as has been approved by the department at the time of receiving assistance; (2) "Department" means the department of human services; (3) "Recipient" means a person who was receiving old age assistance benefits during the month of December 1973, and is now qualified under the provisions of Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits; and (4) "Regional director" means the director of a region under chapter 1, part 1 of this title. Acts 1937, ch. 49, § 1; 1939, ch. 134, § 1; C. Supp. 1950, § 4765.18 (Williams, § 4765.17); Acts 1957, ch. 117, § 1; 1965, ch. 14, § 1; 1973, ch. 337, § 2; 1974, ch. 628, § 1; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), §§ 14-202, 14-2-102.
As used in this part, unless the context otherwise requires:
(1) "Assistance" means either money payments made to or in behalf of aged persons in need, or medical care and treatment, nursing home care, drugs including hospitalization, and outpatient care or any other type of remedial care recognized under state law in behalf of aged persons in need, or any of these, but does not include subdivisions (1)(A)-(1)(D) unless the federal Social Security Act (42 U.S.C.), is amended to include one (1) or more of the following: (A) Any such payments to or care in behalf of any individual who is an inmate of a public institution, except as a patient in a medical institution, or any individual who is a patient in an institution for tuberculosis or mental diseases; (B) Any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result of tuberculosis or psychosis; (C) Any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that such individual has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution as a result of such diagnosis, for forty-two (42) days; or (D) Is not an inmate of any private institution except such private institution as has been approved by the department at the time of receiving assistance;
(A) Any such payments to or care in behalf of any individual who is an inmate of a public institution, except as a patient in a medical institution, or any individual who is a patient in an institution for tuberculosis or mental diseases;
(B) Any such payments to any individual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result of tuberculosis or psychosis;
(C) Any such care in behalf of any individual, who is a patient in a medical institution as a result of a diagnosis that such individual has tuberculosis or psychosis, with respect to any period after the individual has been a patient in such an institution as a result of such diagnosis, for forty-two (42) days; or
(D) Is not an inmate of any private institution except such private institution as has been approved by the department at the time of receiving assistance;
(2) "Department" means the department of human services;
(3) "Recipient" means a person who was receiving old age assistance benefits during the month of December 1973, and is now qualified under the provisions of Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits; and
(4) "Regional director" means the director of a region under chapter 1, part 1 of this title.
Acts 1937, ch. 49, § 1; 1939, ch. 134, § 1; C. Supp. 1950, § 4765.18 (Williams, § 4765.17); Acts 1957, ch. 117, § 1; 1965, ch. 14, § 1; 1973, ch. 337, § 2; 1974, ch. 628, § 1; impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), §§ 14-202, 14-2-102.
Tenn. Code Ann. § 71-5-2210 — TN Code / Title 71 / Chapter 5 / Section 71-5-2210
Annual report
Status: in_force

The commissioners shall report to the county legislative body, at its January session every year, the condition of the asylum, making the superintendent's report a part of their own. Code 1858, § 1612; Shan., § 2696; Code 1932, § 4813; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-910, 14-20-210.
The commissioners shall report to the county legislative body, at its January session every year, the condition of the asylum, making the superintendent's report a part of their own.
Code 1858, § 1612; Shan., § 2696; Code 1932, § 4813; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 14-910, 14-20-210.
Tenn. Code Ann. § 71-2-402 — TN Code / Title 71 / Chapter 2 / Section 71-2-402
Licensing requirements - Exemption for limited respite care services program
Status: in_force

(a) No person or any entity of any kind, public or private, shall provide adult day care in this state without first obtaining a license as provided in this part. (b) If any person or entity appears to be subject to the licensing requirements of this part and is currently licensed by any other agency of state government, the commissioner shall consult with the head of such other state agency, and, if after such consultation, the commissioner determines that the services to adults that are provided by the person or entity are adequately regulated by the licensing requirements of that other state agency, then the commissioner may determine that no licensing of such person or entity by the department pursuant to this part shall be necessary. (c) (1) A limited respite care services program is exempt from licensure under this part. (2) For purposes of this subsection (c), "limited respite care services program" means a program that has as its sole purpose to provide primary caregivers of appropriate adults with relief from normal caregiving duties and responsibilities and: (A) Is operated by a religious institution or religious organization that provides custodial care for aging adults and adults with limitations on activities of daily living: (i) Who can function in a group setting; (ii) Who can feed and perform toilet functions without the assistance of a personal aide accompanying them; and (iii) Who attend no more than three (3) days each calendar week, no more than twelve (12) hours in any one (1) week, and no more than six (6) hours in any one (1) day; (B) Is registered with the department pursuant to rule promulgated by the commissioner under § 71-2-412 ; (C) Maintains records that include, at a minimum, dates and times of each adult's attendance; (D) Provides care services for less than fifteen (15) adults at the same time; and (E) Does not administer medications to adults while under the program's care. (3) For purposes of this subsection (c), "religious institution" or "religious organization" means an entity exempt from registration as a bona fide religious institution under § 48-101-502 . (4) The department is authorized to make site visits to a program in order to ensure compliance with the terms of the exemption permitted under this subsection (c). Amended by 2018 Tenn. Acts, ch. 607,s 1, eff. 4/2/2018. Acts 1996, ch. 1058, § 3.
(a) No person or any entity of any kind, public or private, shall provide adult day care in this state without first obtaining a license as provided in this part.
(b) If any person or entity appears to be subject to the licensing requirements of this part and is currently licensed by any other agency of state government, the commissioner shall consult with the head of such other state agency, and, if after such consultation, the commissioner determines that the services to adults that are provided by the person or entity are adequately regulated by the licensing requirements of that other state agency, then the commissioner may determine that no licensing of such person or entity by the department pursuant to this part shall be necessary.
(c) (1) A limited respite care services program is exempt from licensure under this part. (2) For purposes of this subsection (c), "limited respite care services program" means a program that has as its sole purpose to provide primary caregivers of appropriate adults with relief from normal caregiving duties and responsibilities and: (A) Is operated by a religious institution or religious organization that provides custodial care for aging adults and adults with limitations on activities of daily living: (i) Who can function in a group setting; (ii) Who can feed and perform toilet functions without the assistance of a personal aide accompanying them; and (iii) Who attend no more than three (3) days each calendar week, no more than twelve (12) hours in any one (1) week, and no more than six (6) hours in any one (1) day; (B) Is registered with the department pursuant to rule promulgated by the commissioner under § 71-2-412 ; (C) Maintains records that include, at a minimum, dates and times of each adult's attendance; (D) Provides care services for less than fifteen (15) adults at the same time; and (E) Does not administer medications to adults while under the program's care. (3) For purposes of this subsection (c), "religious institution" or "religious organization" means an entity exempt from registration as a bona fide religious institution under § 48-101-502 . (4) The department is authorized to make site visits to a program in order to ensure compliance with the terms of the exemption permitted under this subsection (c).
(1) A limited respite care services program is exempt from licensure under this part.
(2) For purposes of this subsection (c), "limited respite care services program" means a program that has as its sole purpose to provide primary caregivers of appropriate adults with relief from normal caregiving duties and responsibilities and: (A) Is operated by a religious institution or religious organization that provides custodial care for aging adults and adults with limitations on activities of daily living: (i) Who can function in a group setting; (ii) Who can feed and perform toilet functions without the assistance of a personal aide accompanying them; and (iii) Who attend no more than three (3) days each calendar week, no more than twelve (12) hours in any one (1) week, and no more than six (6) hours in any one (1) day; (B) Is registered with the department pursuant to rule promulgated by the commissioner under § 71-2-412 ; (C) Maintains records that include, at a minimum, dates and times of each adult's attendance; (D) Provides care services for less than fifteen (15) adults at the same time; and (E) Does not administer medications to adults while under the program's care.
(A) Is operated by a religious institution or religious organization that provides custodial care for aging adults and adults with limitations on activities of daily living: (i) Who can function in a group setting; (ii) Who can feed and perform toilet functions without the assistance of a personal aide accompanying them; and (iii) Who attend no more than three (3) days each calendar week, no more than twelve (12) hours in any one (1) week, and no more than six (6) hours in any one (1) day;
(i) Who can function in a group setting;
(ii) Who can feed and perform toilet functions without the assistance of a personal aide accompanying them; and
(iii) Who attend no more than three (3) days each calendar week, no more than twelve (12) hours in any one (1) week, and no more than six (6) hours in any one (1) day;
(B) Is registered with the department pursuant to rule promulgated by the commissioner under § 71-2-412 ;
(C) Maintains records that include, at a minimum, dates and times of each adult's attendance;
(D) Provides care services for less than fifteen (15) adults at the same time; and
(E) Does not administer medications to adults while under the program's care.
(3) For purposes of this subsection (c), "religious institution" or "religious organization" means an entity exempt from registration as a bona fide religious institution under § 48-101-502 .
(4) The department is authorized to make site visits to a program in order to ensure compliance with the terms of the exemption permitted under this subsection (c).
Amended by 2018 Tenn. Acts, ch. 607,s 1, eff. 4/2/2018.
Acts 1996, ch. 1058, § 3.
Tenn. Code Ann. § 71-3-109 — TN Code / Title 71 / Chapter 3 / Section 71-3-109
Diversion grants
Status: in_force

(a) Except for a child-only grant for temporary assistance, the department shall evaluate appropriate cases to determine if a diversion grant would be effective in meeting a family's immediate and compelling need and prevent the family from going on temporary assistance or to assist the family in leaving temporary assistance. The diversion grant shall be awarded pursuant to the requirements in subsections (b) and (c) and the rules of the department. (b) The diversion grant: (1) Shall meet immediate needs so that an applicant or recipient can avoid temporary cash assistance; (2) May be granted as the department considers appropriate; (3) May not cover the same type of immediate need met by a previous diversion grant unless the department determines that the current immediate need is a new and verified emergency; (4) May range from one (1) to twelve (12) months of temporary cash assistance, dependent upon the department's determination that there is a compelling need for a diversion grant; (5) Shall be calculated based upon the amount of temporary cash assistance an applicant is eligible to receive under the Temporary Assistance for Needy Families/Families First program; and (6) May not duplicate periods of temporary cash assistance. (c) The applicant's temporary assistance eligibility period will be reduced by the number of months the applicant receives a diversion grant. Added by 2014 Tenn. Acts, ch. 787,s 1, eff. 7/1/2015.
(a) Except for a child-only grant for temporary assistance, the department shall evaluate appropriate cases to determine if a diversion grant would be effective in meeting a family's immediate and compelling need and prevent the family from going on temporary assistance or to assist the family in leaving temporary assistance. The diversion grant shall be awarded pursuant to the requirements in subsections (b) and (c) and the rules of the department.
(b) The diversion grant: (1) Shall meet immediate needs so that an applicant or recipient can avoid temporary cash assistance; (2) May be granted as the department considers appropriate; (3) May not cover the same type of immediate need met by a previous diversion grant unless the department determines that the current immediate need is a new and verified emergency; (4) May range from one (1) to twelve (12) months of temporary cash assistance, dependent upon the department's determination that there is a compelling need for a diversion grant; (5) Shall be calculated based upon the amount of temporary cash assistance an applicant is eligible to receive under the Temporary Assistance for Needy Families/Families First program; and (6) May not duplicate periods of temporary cash assistance.
(1) Shall meet immediate needs so that an applicant or recipient can avoid temporary cash assistance;
(2) May be granted as the department considers appropriate;
(3) May not cover the same type of immediate need met by a previous diversion grant unless the department determines that the current immediate need is a new and verified emergency;
(4) May range from one (1) to twelve (12) months of temporary cash assistance, dependent upon the department's determination that there is a compelling need for a diversion grant;
(5) Shall be calculated based upon the amount of temporary cash assistance an applicant is eligible to receive under the Temporary Assistance for Needy Families/Families First program; and
(6) May not duplicate periods of temporary cash assistance.
(c) The applicant's temporary assistance eligibility period will be reduced by the number of months the applicant receives a diversion grant.
Added by 2014 Tenn. Acts, ch. 787,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 71-1-131 — TN Code / Title 71 / Chapter 1 / Section 71-1-131
Confidentiality of records
Status: in_force

(a) (1) (A) The records of the department, its contractors or agents concerning the provision of Title IV-D child or spousal support services shall be confidential and information in such records shall not be subject to public inspection by any person or entity and the records shall not be used in judicial, administrative or legislative proceedings or for law enforcement activities, except as otherwise provided in this section. (B) Any information provided to the department, its contractors or agents by any other state or federal agencies or other entities, that is required by federal or state law or regulations to be provided to the department as part of the department's Title IV-D responsibilities to establish, enforce or modify child or spousal support, but which information is otherwise protected as confidential by the laws or regulations of the United States or by any state's, territory's or other government's law or regulations, shall also be confidential, and shall be held by the department in a confidential manner. Such information shall also not be subject to public inspection by any person or entity and shall not be used in judicial, administrative or legislative proceedings or for law enforcement activities, except as otherwise provided in this section. (C) Except as limited by subdivision (a)(2), the department, its contractors or agents may disclose any information in the records of the Title IV-D child or spousal support records for purposes directly connected with the establishment of paternity or the establishment, modification, or enforcement of child or spousal support in any judicial or administrative proceeding or for the administration of any part of the child support program. (2) Except where information in the child or spousal support record provided to the department pursuant to any federal or state law or regulation for purposes related to the establishment, enforcement or modification of child or spousal support under the Title IV-D child support program is otherwise specifically protected from further disclosure or further use by any other federal, state, territorial or other government law or regulation, the department is specifically authorized to further utilize or further disclose any information from the Title IV-D child or spousal support records for any purposes that it determines in its sole discretion are directly connected with: (A) The administration of the plan or program approved under Parts A, B, D, or E of Title IV of the Social Security Act or under Titles I, XIV, XIX, or XX of the Social Security Act, or the supplemental security income program (SSI) established under Title XVI of the Social Security Act; (B) Any investigations, prosecutions, or civil, criminal or administrative proceeding conducted in connection with the administration of any such plan or program under subdivision (a)(2)(A); (C) The administration of any other federal or federally assisted program that provides assistance, in cash or in kind, or services, directly to individuals on the basis of need; (D) Reporting to an appropriate agency or official, information on known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of a child enforcement activity under circumstances that indicate that the child's health or welfare is threatened by such treatment; (E) A response to a request for child support payment records of a child support obligor; and (F) Inquiries from legislative representatives of an obligor or obligee concerning child support payment records or child support legal and administrative procedures utilized to attempt recovery of support payments involved in individual cases under a support order upon a release for that person authorized in any suitable manner as determined by the department or its contractors by the affected person. An inquiry and release by one party under this subdivision (a)(2)(F) does not authorize release of information involving the other party other than the child support payment record and child support legal or administrative procedures utilized to attempt recovery of support payments from the other party. Nothing in this subdivision (a)(2)(F) shall be construed to authorize release of any information that is otherwise protected as confidential pursuant to this section. (3) (A) Notwithstanding the foregoing provisions of this section and any other law to the contrary, no information shall be disclosed by the department pursuant to this section from Title IV-D records maintained by the department, its contractors or agents when: (i) A protective order has been entered against one party and the release of information from such record would disclose the whereabouts of the party or the child for whose benefit the protective order was entered; or (ii) The department, its contractors or agents have reason to believe that the release of information concerning the whereabouts of one party or the child to another person may result in physical or emotional harm to the party or the child. (B) In situations in which the prohibitions of subdivisions (a)(3)(A)(i) and (ii) arise, the department shall notify the secretary of health and human services if it determines that there exists reasonable evidence of domestic violence or child abuse against a party or the child and that the disclosure of such information could be harmful to the party or the child. (C) When a disclosure of information is made from the United States department of health and human services' federal parent locator service (FPLS) to a court of this state or an agent of the court of this state, and the court is notified that FPLS has reasonable evidence to show that domestic violence or child abuse has occurred, the court shall determine whether disclosure to any other person of information received from FPLS could be harmful to the parent or child and, if the court determines that disclosure to any other person could be harmful, the court and its agents shall not make such disclosure. (4) Notwithstanding any law to the contrary, when any information regarding a consumer report, as defined in 15 U.S.C. § 1681a , from a consumer reporting agency is obtained by the department, its contractors or agents, such information will be kept confidential and will be used solely for the purposes of establishing an individual's capacity to make child or spousal support payments or in determining the appropriate level of such payments, and such report shall be confidential and will not be available by subpoena or court order for any civil, criminal, or administrative proceeding, law enforcement activity or for any other purpose, except for the purpose of the establishment, enforcement and modification of child or spousal support obligations by the department, or by any federal, state, territorial, or foreign child or spousal support enforcement agency, or by their contractors or agents. (5) Notwithstanding any law to the contrary, any financial information obtained from a financial institution by the department, its contractors or agents regarding an individual shall be confidential and will not be available by subpoena or court order for any civil, criminal or administrative proceeding, law enforcement activity or for any other purpose, and shall be disclosed only for the purpose of and to the extent necessary for the establishment, enforcement and modification of child or spousal support obligations by the department, its contractors or agents or by any federal, state, territorial, or foreign child support enforcement agency or their contractors or agents. (6) Notwithstanding any law to the contrary, any information that is required to be given to the department of human services, its contractors or agents by any requirement of federal or state law or regulations as part of the department's responsibilities to enforce child or spousal support, but that is otherwise not subject to subdivisions (a)(4) and (a)(5), and that is otherwise ordinarily protected by federal or state law or regulations from disclosure or use because it is protected as confidential information, shall be confidential and shall not be available by subpoena or court order for any civil, criminal, administrative proceeding, law enforcement activity, or for any other purpose. Such information shall be disclosed only to the extent permitted by such federal or state laws or regulations, or only for the purpose of and to the extent necessary for the establishment, enforcement and modification of child support obligations by the department, its contractors or agents or by any federal, state, territorial, or foreign child support enforcement agency or their contractors or agents. (7) (A) (i) Except as released pursuant to subdivision (a)(2) by the department, its contractors or agents, and except as prohibited by subdivisions (a)(3) - (a)(6), the records or portions of records or testimony of current or former employees, agents or contractors of the department concerning the Title IV-D child support program may be released only pursuant to a written order for their disclosure issued by a judicial or administrative tribunal and served personally upon the commissioner of human services or the commissioner's designee at least five (5) business days prior to the date designated for disclosure. A subpoena shall not be sufficient to obtain the disclosure of Title IV-D child support records. Unless waived by the department, any order for disclosure not properly served shall be void and of no effect whatsoever. (ii) Except as necessary for use in a judicial proceeding or an administrative proceeding concerning a Title IV-D child or spousal support matter in which such records must be disclosed, and for any appeal from the proceeding, any records of the Title IV-D child support program that may be ordered disclosed pursuant to this subdivision (a)(7)(A) for use in any other civil or criminal judicial or other administrative proceeding must also have a written protective order issued by the court or administrative law judge or hearing officer and served upon the commissioner of human services prior to the release of the records pursuant to this subdivision (a)(7)(A). The protective order shall state that there will be no further disclosure beyond the necessary use by the tribunal and the parties for the conduct of those proceedings. The department shall not be required to disclose any records until the receipt of the protective order by the department or its designee. (B) The department may comply with a properly served order issued by a state or local judicial or administrative tribunal pursuant to this subdivision (a)(7) by sending copies of pertinent portions of the record requested, or by sending an abstract of the pertinent information from its computer records or other records, in a sealed envelope addressed to the court or administrative body or the person taking a deposition, together with an affidavit of an authorized agent of the department attesting to the authenticity of the record, unless the court or administrative body, for good cause shown, enters an order in the record requiring the attendance of a department, contractor or agent employee at the proceeding. (C) The department, its contractors or agents may file a motion to quash or modify any subpoena or order for disclosure issued by any judicial or administrative tribunal or by any legislative entity, and no records shall be disclosed pursuant to any subpoena or order until the conclusion, including appeal, of the proceedings seeking to quash or modify the subpoena or order. (8) A knowing violation of the provisions restricting the disclosure of information pursuant to this section shall be a Class B misdemeanor. (b) Notwithstanding any other provisions of this section, information that is required to be provided to the department of human services, its contractors or agents by the department of labor and workforce development shall not be further disclosed or utilized except to the extent permitted and for the purposes allowable pursuant to § 50-7-701 or under applicable federal or state law or regulations. Acts 1997, ch. 551, § 10; 1998, ch. 1098, §§ 65 - 67; 1999, ch. 520, § 47.
(a) (1) (A) The records of the department, its contractors or agents concerning the provision of Title IV-D child or spousal support services shall be confidential and information in such records shall not be subject to public inspection by any person or entity and the records shall not be used in judicial, administrative or legislative proceedings or for law enforcement activities, except as otherwise provided in this section. (B) Any information provided to the department, its contractors or agents by any other state or federal agencies or other entities, that is required by federal or state law or regulations to be provided to the department as part of the department's Title IV-D responsibilities to establish, enforce or modify child or spousal support, but which information is otherwise protected as confidential by the laws or regulations of the United States or by any state's, territory's or other government's law or regulations, shall also be confidential, and shall be held by the department in a confidential manner. Such information shall also not be subject to public inspection by any person or entity and shall not be used in judicial, administrative or legislative proceedings or for law enforcement activities, except as otherwise provided in this section. (C) Except as limited by subdivision (a)(2), the department, its contractors or agents may disclose any information in the records of the Title IV-D child or spousal support records for purposes directly connected with the establishment of paternity or the establishment, modification, or enforcement of child or spousal support in any judicial or administrative proceeding or for the administration of any part of the child support program. (2) Except where information in the child or spousal support record provided to the department pursuant to any federal or state law or regulation for purposes related to the establishment, enforcement or modification of child or spousal support under the Title IV-D child support program is otherwise specifically protected from further disclosure or further use by any other federal, state, territorial or other government law or regulation, the department is specifically authorized to further utilize or further disclose any information from the Title IV-D child or spousal support records for any purposes that it determines in its sole discretion are directly connected with: (A) The administration of the plan or program approved under Parts A, B, D, or E of Title IV of the Social Security Act or under Titles I, XIV, XIX, or XX of the Social Security Act, or the supplemental security income program (SSI) established under Title XVI of the Social Security Act; (B) Any investigations, prosecutions, or civil, criminal or administrative proceeding conducted in connection with the administration of any such plan or program under subdivision (a)(2)(A); (C) The administration of any other federal or federally assisted program that provides assistance, in cash or in kind, or services, directly to individuals on the basis of need; (D) Reporting to an appropriate agency or official, information on known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of a child enforcement activity under circumstances that indicate that the child's health or welfare is threatened by such treatment; (E) A response to a request for child support payment records of a child support obligor; and (F) Inquiries from legislative representatives of an obligor or obligee concerning child support payment records or child support legal and administrative procedures utilized to attempt recovery of support payments involved in individual cases under a support order upon a release for that person authorized in any suitable manner as determined by the department or its contractors by the affected person. An inquiry and release by one party under this subdivision (a)(2)(F) does not authorize release of information involving the other party other than the child support payment record and child support legal or administrative procedures utilized to attempt recovery of support payments from the other party. Nothing in this subdivision (a)(2)(F) shall be construed to authorize release of any information that is otherwise protected as confidential pursuant to this section. (3) (A) Notwithstanding the foregoing provisions of this section and any other law to the contrary, no information shall be disclosed by the department pursuant to this section from Title IV-D records maintained by the department, its contractors or agents when: (i) A protective order has been entered against one party and the release of information from such record would disclose the whereabouts of the party or the child for whose benefit the protective order was entered; or (ii) The department, its contractors or agents have reason to believe that the release of information concerning the whereabouts of one party or the child to another person may result in physical or emotional harm to the party or the child. (B) In situations in which the prohibitions of subdivisions (a)(3)(A)(i) and (ii) arise, the department shall notify the secretary of health and human services if it determines that there exists reasonable evidence of domestic violence or child abuse against a party or the child and that the disclosure of such information could be harmful to the party or the child. (C) When a disclosure of information is made from the United States department of health and human services' federal parent locator service (FPLS) to a court of this state or an agent of the court of this state, and the court is notified that FPLS has reasonable evidence to show that domestic violence or child abuse has occurred, the court shall determine whether disclosure to any other person of information received from FPLS could be harmful to the parent or child and, if the court determines that disclosure to any other person could be harmful, the court and its agents shall not make such disclosure. (4) Notwithstanding any law to the contrary, when any information regarding a consumer report, as defined in 15 U.S.C. § 1681a , from a consumer reporting agency is obtained by the department, its contractors or agents, such information will be kept confidential and will be used solely for the purposes of establishing an individual's capacity to make child or spousal support payments or in determining the appropriate level of such payments, and such report shall be confidential and will not be available by subpoena or court order for any civil, criminal, or administrative proceeding, law enforcement activity or for any other purpose, except for the purpose of the establishment, enforcement and modification of child or spousal support obligations by the department, or by any federal, state, territorial, or foreign child or spousal support enforcement agency, or by their contractors or agents. (5) Notwithstanding any law to the contrary, any financial information obtained from a financial institution by the department, its contractors or agents regarding an individual shall be confidential and will not be available by subpoena or court order for any civil, criminal or administrative proceeding, law enforcement activity or for any other purpose, and shall be disclosed only for the purpose of and to the extent necessary for the establishment, enforcement and modification of child or spousal support obligations by the department, its contractors or agents or by any federal, state, territorial, or foreign child support enforcement agency or their contractors or agents. (6) Notwithstanding any law to the contrary, any information that is required to be given to the department of human services, its contractors or agents by any requirement of federal or state law or regulations as part of the department's responsibilities to enforce child or spousal support, but that is otherwise not subject to subdivisions (a)(4) and (a)(5), and that is otherwise ordinarily protected by federal or state law or regulations from disclosure or use because it is protected as confidential information, shall be confidential and shall not be available by subpoena or court order for any civil, criminal, administrative proceeding, law enforcement activity, or for any other purpose. Such information shall be disclosed only to the extent permitted by such federal or state laws or regulations, or only for the purpose of and to the extent necessary for the establishment, enforcement and modification of child support obligations by the department, its contractors or agents or by any federal, state, territorial, or foreign child support enforcement agency or their contractors or agents. (7) (A) (i) Except as released pursuant to subdivision (a)(2) by the department, its contractors or agents, and except as prohibited by subdivisions (a)(3) - (a)(6), the records or portions of records or testimony of current or former employees, agents or contractors of the department concerning the Title IV-D child support program may be released only pursuant to a written order for their disclosure issued by a judicial or administrative tribunal and served personally upon the commissioner of human services or the commissioner's designee at least five (5) business days prior to the date designated for disclosure. A subpoena shall not be sufficient to obtain the disclosure of Title IV-D child support records. Unless waived by the department, any order for disclosure not properly served shall be void and of no effect whatsoever. (ii) Except as necessary for use in a judicial proceeding or an administrative proceeding concerning a Title IV-D child or spousal support matter in which such records must be disclosed, and for any appeal from the proceeding, any records of the Title IV-D child support program that may be ordered disclosed pursuant to this subdivision (a)(7)(A) for use in any other civil or criminal judicial or other administrative proceeding must also have a written protective order issued by the court or administrative law judge or hearing officer and served upon the commissioner of human services prior to the release of the records pursuant to this subdivision (a)(7)(A). The protective order shall state that there will be no further disclosure beyond the necessary use by the tribunal and the parties for the conduct of those proceedings. The department shall not be required to disclose any records until the receipt of the protective order by the department or its designee. (B) The department may comply with a properly served order issued by a state or local judicial or administrative tribunal pursuant to this subdivision (a)(7) by sending copies of pertinent portions of the record requested, or by sending an abstract of the pertinent information from its computer records or other records, in a sealed envelope addressed to the court or administrative body or the person taking a deposition, together with an affidavit of an authorized agent of the department attesting to the authenticity of the record, unless the court or administrative body, for good cause shown, enters an order in the record requiring the attendance of a department, contractor or agent employee at the proceeding. (C) The department, its contractors or agents may file a motion to quash or modify any subpoena or order for disclosure issued by any judicial or administrative tribunal or by any legislative entity, and no records shall be disclosed pursuant to any subpoena or order until the conclusion, including appeal, of the proceedings seeking to quash or modify the subpoena or order. (8) A knowing violation of the provisions restricting the disclosure of information pursuant to this section shall be a Class B misdemeanor.
(1) (A) The records of the department, its contractors or agents concerning the provision of Title IV-D child or spousal support services shall be confidential and information in such records shall not be subject to public inspection by any person or entity and the records shall not be used in judicial, administrative or legislative proceedings or for law enforcement activities, except as otherwise provided in this section. (B) Any information provided to the department, its contractors or agents by any other state or federal agencies or other entities, that is required by federal or state law or regulations to be provided to the department as part of the department's Title IV-D responsibilities to establish, enforce or modify child or spousal support, but which information is otherwise protected as confidential by the laws or regulations of the United States or by any state's, territory's or other government's law or regulations, shall also be confidential, and shall be held by the department in a confidential manner. Such information shall also not be subject to public inspection by any person or entity and shall not be used in judicial, administrative or legislative proceedings or for law enforcement activities, except as otherwise provided in this section. (C) Except as limited by subdivision (a)(2), the department, its contractors or agents may disclose any information in the records of the Title IV-D child or spousal support records for purposes directly connected with the establishment of paternity or the establishment, modification, or enforcement of child or spousal support in any judicial or administrative proceeding or for the administration of any part of the child support program.
(A) The records of the department, its contractors or agents concerning the provision of Title IV-D child or spousal support services shall be confidential and information in such records shall not be subject to public inspection by any person or entity and the records shall not be used in judicial, administrative or legislative proceedings or for law enforcement activities, except as otherwise provided in this section.
(B) Any information provided to the department, its contractors or agents by any other state or federal agencies or other entities, that is required by federal or state law or regulations to be provided to the department as part of the department's Title IV-D responsibilities to establish, enforce or modify child or spousal support, but which information is otherwise protected as confidential by the laws or regulations of the United States or by any state's, territory's or other government's law or regulations, shall also be confidential, and shall be held by the department in a confidential manner. Such information shall also not be subject to public inspection by any person or entity and shall not be used in judicial, administrative or legislative proceedings or for law enforcement activities, except as otherwise provided in this section.
(C) Except as limited by subdivision (a)(2), the department, its contractors or agents may disclose any information in the records of the Title IV-D child or spousal support records for purposes directly connected with the establishment of paternity or the establishment, modification, or enforcement of child or spousal support in any judicial or administrative proceeding or for the administration of any part of the child support program.
(2) Except where information in the child or spousal support record provided to the department pursuant to any federal or state law or regulation for purposes related to the establishment, enforcement or modification of child or spousal support under the Title IV-D child support program is otherwise specifically protected from further disclosure or further use by any other federal, state, territorial or other government law or regulation, the department is specifically authorized to further utilize or further disclose any information from the Title IV-D child or spousal support records for any purposes that it determines in its sole discretion are directly connected with: (A) The administration of the plan or program approved under Parts A, B, D, or E of Title IV of the Social Security Act or under Titles I, XIV, XIX, or XX of the Social Security Act, or the supplemental security income program (SSI) established under Title XVI of the Social Security Act; (B) Any investigations, prosecutions, or civil, criminal or administrative proceeding conducted in connection with the administration of any such plan or program under subdivision (a)(2)(A); (C) The administration of any other federal or federally assisted program that provides assistance, in cash or in kind, or services, directly to individuals on the basis of need; (D) Reporting to an appropriate agency or official, information on known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of a child enforcement activity under circumstances that indicate that the child's health or welfare is threatened by such treatment; (E) A response to a request for child support payment records of a child support obligor; and (F) Inquiries from legislative representatives of an obligor or obligee concerning child support payment records or child support legal and administrative procedures utilized to attempt recovery of support payments involved in individual cases under a support order upon a release for that person authorized in any suitable manner as determined by the department or its contractors by the affected person. An inquiry and release by one party under this subdivision (a)(2)(F) does not authorize release of information involving the other party other than the child support payment record and child support legal or administrative procedures utilized to attempt recovery of support payments from the other party. Nothing in this subdivision (a)(2)(F) shall be construed to authorize release of any information that is otherwise protected as confidential pursuant to this section.
(A) The administration of the plan or program approved under Parts A, B, D, or E of Title IV of the Social Security Act or under Titles I, XIV, XIX, or XX of the Social Security Act, or the supplemental security income program (SSI) established under Title XVI of the Social Security Act;
(B) Any investigations, prosecutions, or civil, criminal or administrative proceeding conducted in connection with the administration of any such plan or program under subdivision (a)(2)(A);
(C) The administration of any other federal or federally assisted program that provides assistance, in cash or in kind, or services, directly to individuals on the basis of need;
(D) Reporting to an appropriate agency or official, information on known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of a child enforcement activity under circumstances that indicate that the child's health or welfare is threatened by such treatment;
(E) A response to a request for child support payment records of a child support obligor; and
(F) Inquiries from legislative representatives of an obligor or obligee concerning child support payment records or child support legal and administrative procedures utilized to attempt recovery of support payments involved in individual cases under a support order upon a release for that person authorized in any suitable manner as determined by the department or its contractors by the affected person. An inquiry and release by one party under this subdivision (a)(2)(F) does not authorize release of information involving the other party other than the child support payment record and child support legal or administrative procedures utilized to attempt recovery of support payments from the other party. Nothing in this subdivision (a)(2)(F) shall be construed to authorize release of any information that is otherwise protected as confidential pursuant to this section.
(3) (A) Notwithstanding the foregoing provisions of this section and any other law to the contrary, no information shall be disclosed by the department pursuant to this section from Title IV-D records maintained by the department, its contractors or agents when: (i) A protective order has been entered against one party and the release of information from such record would disclose the whereabouts of the party or the child for whose benefit the protective order was entered; or (ii) The department, its contractors or agents have reason to believe that the release of information concerning the whereabouts of one party or the child to another person may result in physical or emotional harm to the party or the child. (B) In situations in which the prohibitions of subdivisions (a)(3)(A)(i) and (ii) arise, the department shall notify the secretary of health and human services if it determines that there exists reasonable evidence of domestic violence or child abuse against a party or the child and that the disclosure of such information could be harmful to the party or the child. (C) When a disclosure of information is made from the United States department of health and human services' federal parent locator service (FPLS) to a court of this state or an agent of the court of this state, and the court is notified that FPLS has reasonable evidence to show that domestic violence or child abuse has occurred, the court shall determine whether disclosure to any other person of information received from FPLS could be harmful to the parent or child and, if the court determines that disclosure to any other person could be harmful, the court and its agents shall not make such disclosure.
(A) Notwithstanding the foregoing provisions of this section and any other law to the contrary, no information shall be disclosed by the department pursuant to this section from Title IV-D records maintained by the department, its contractors or agents when: (i) A protective order has been entered against one party and the release of information from such record would disclose the whereabouts of the party or the child for whose benefit the protective order was entered; or (ii) The department, its contractors or agents have reason to believe that the release of information concerning the whereabouts of one party or the child to another person may result in physical or emotional harm to the party or the child.
(i) A protective order has been entered against one party and the release of information from such record would disclose the whereabouts of the party or the child for whose benefit the protective order was entered; or
(ii) The department, its contractors or agents have reason to believe that the release of information concerning the whereabouts of one party or the child to another person may result in physical or emotional harm to the party or the child.
(B) In situations in which the prohibitions of subdivisions (a)(3)(A)(i) and (ii) arise, the department shall notify the secretary of health and human services if it determines that there exists reasonable evidence of domestic violence or child abuse against a party or the child and that the disclosure of such information could be harmful to the party or the child.
(C) When a disclosure of information is made from the United States department of health and human services' federal parent locator service (FPLS) to a court of this state or an agent of the court of this state, and the court is notified that FPLS has reasonable evidence to show that domestic violence or child abuse has occurred, the court shall determine whether disclosure to any other person of information received from FPLS could be harmful to the parent or child and, if the court determines that disclosure to any other person could be harmful, the court and its agents shall not make such disclosure.
(4) Notwithstanding any law to the contrary, when any information regarding a consumer report, as defined in 15 U.S.C. § 1681a , from a consumer reporting agency is obtained by the department, its contractors or agents, such information will be kept confidential and will be used solely for the purposes of establishing an individual's capacity to make child or spousal support payments or in determining the appropriate level of such payments, and such report shall be confidential and will not be available by subpoena or court order for any civil, criminal, or administrative proceeding, law enforcement activity or for any other purpose, except for the purpose of the establishment, enforcement and modification of child or spousal support obligations by the department, or by any federal, state, territorial, or foreign child or spousal support enforcement agency, or by their contractors or agents.
(5) Notwithstanding any law to the contrary, any financial information obtained from a financial institution by the department, its contractors or agents regarding an individual shall be confidential and will not be available by subpoena or court order for any civil, criminal or administrative proceeding, law enforcement activity or for any other purpose, and shall be disclosed only for the purpose of and to the extent necessary for the establishment, enforcement and modification of child or spousal support obligations by the department, its contractors or agents or by any federal, state, territorial, or foreign child support enforcement agency or their contractors or agents.
(6) Notwithstanding any law to the contrary, any information that is required to be given to the department of human services, its contractors or agents by any requirement of federal or state law or regulations as part of the department's responsibilities to enforce child or spousal support, but that is otherwise not subject to subdivisions (a)(4) and (a)(5), and that is otherwise ordinarily protected by federal or state law or regulations from disclosure or use because it is protected as confidential information, shall be confidential and shall not be available by subpoena or court order for any civil, criminal, administrative proceeding, law enforcement activity, or for any other purpose. Such information shall be disclosed only to the extent permitted by such federal or state laws or regulations, or only for the purpose of and to the extent necessary for the establishment, enforcement and modification of child support obligations by the department, its contractors or agents or by any federal, state, territorial, or foreign child support enforcement agency or their contractors or agents.
(7) (A) (i) Except as released pursuant to subdivision (a)(2) by the department, its contractors or agents, and except as prohibited by subdivisions (a)(3) - (a)(6), the records or portions of records or testimony of current or former employees, agents or contractors of the department concerning the Title IV-D child support program may be released only pursuant to a written order for their disclosure issued by a judicial or administrative tribunal and served personally upon the commissioner of human services or the commissioner's designee at least five (5) business days prior to the date designated for disclosure. A subpoena shall not be sufficient to obtain the disclosure of Title IV-D child support records. Unless waived by the department, any order for disclosure not properly served shall be void and of no effect whatsoever. (ii) Except as necessary for use in a judicial proceeding or an administrative proceeding concerning a Title IV-D child or spousal support matter in which such records must be disclosed, and for any appeal from the proceeding, any records of the Title IV-D child support program that may be ordered disclosed pursuant to this subdivision (a)(7)(A) for use in any other civil or criminal judicial or other administrative proceeding must also have a written protective order issued by the court or administrative law judge or hearing officer and served upon the commissioner of human services prior to the release of the records pursuant to this subdivision (a)(7)(A). The protective order shall state that there will be no further disclosure beyond the necessary use by the tribunal and the parties for the conduct of those proceedings. The department shall not be required to disclose any records until the receipt of the protective order by the department or its designee. (B) The department may comply with a properly served order issued by a state or local judicial or administrative tribunal pursuant to this subdivision (a)(7) by sending copies of pertinent portions of the record requested, or by sending an abstract of the pertinent information from its computer records or other records, in a sealed envelope addressed to the court or administrative body or the person taking a deposition, together with an affidavit of an authorized agent of the department attesting to the authenticity of the record, unless the court or administrative body, for good cause shown, enters an order in the record requiring the attendance of a department, contractor or agent employee at the proceeding. (C) The department, its contractors or agents may file a motion to quash or modify any subpoena or order for disclosure issued by any judicial or administrative tribunal or by any legislative entity, and no records shall be disclosed pursuant to any subpoena or order until the conclusion, including appeal, of the proceedings seeking to quash or modify the subpoena or order.
(A) (i) Except as released pursuant to subdivision (a)(2) by the department, its contractors or agents, and except as prohibited by subdivisions (a)(3) - (a)(6), the records or portions of records or testimony of current or former employees, agents or contractors of the department concerning the Title IV-D child support program may be released only pursuant to a written order for their disclosure issued by a judicial or administrative tribunal and served personally upon the commissioner of human services or the commissioner's designee at least five (5) business days prior to the date designated for disclosure. A subpoena shall not be sufficient to obtain the disclosure of Title IV-D child support records. Unless waived by the department, any order for disclosure not properly served shall be void and of no effect whatsoever. (ii) Except as necessary for use in a judicial proceeding or an administrative proceeding concerning a Title IV-D child or spousal support matter in which such records must be disclosed, and for any appeal from the proceeding, any records of the Title IV-D child support program that may be ordered disclosed pursuant to this subdivision (a)(7)(A) for use in any other civil or criminal judicial or other administrative proceeding must also have a written protective order issued by the court or administrative law judge or hearing officer and served upon the commissioner of human services prior to the release of the records pursuant to this subdivision (a)(7)(A). The protective order shall state that there will be no further disclosure beyond the necessary use by the tribunal and the parties for the conduct of those proceedings. The department shall not be required to disclose any records until the receipt of the protective order by the department or its designee.
(i) Except as released pursuant to subdivision (a)(2) by the department, its contractors or agents, and except as prohibited by subdivisions (a)(3) - (a)(6), the records or portions of records or testimony of current or former employees, agents or contractors of the department concerning the Title IV-D child support program may be released only pursuant to a written order for their disclosure issued by a judicial or administrative tribunal and served personally upon the commissioner of human services or the commissioner's designee at least five (5) business days prior to the date designated for disclosure. A subpoena shall not be sufficient to obtain the disclosure of Title IV-D child support records. Unless waived by the department, any order for disclosure not properly served shall be void and of no effect whatsoever.
(ii) Except as necessary for use in a judicial proceeding or an administrative proceeding concerning a Title IV-D child or spousal support matter in which such records must be disclosed, and for any appeal from the proceeding, any records of the Title IV-D child support program that may be ordered disclosed pursuant to this subdivision (a)(7)(A) for use in any other civil or criminal judicial or other administrative proceeding must also have a written protective order issued by the court or administrative law judge or hearing officer and served upon the commissioner of human services prior to the release of the records pursuant to this subdivision (a)(7)(A). The protective order shall state that there will be no further disclosure beyond the necessary use by the tribunal and the parties for the conduct of those proceedings. The department shall not be required to disclose any records until the receipt of the protective order by the department or its designee.
(B) The department may comply with a properly served order issued by a state or local judicial or administrative tribunal pursuant to this subdivision (a)(7) by sending copies of pertinent portions of the record requested, or by sending an abstract of the pertinent information from its computer records or other records, in a sealed envelope addressed to the court or administrative body or the person taking a deposition, together with an affidavit of an authorized agent of the department attesting to the authenticity of the record, unless the court or administrative body, for good cause shown, enters an order in the record requiring the attendance of a department, contractor or agent employee at the proceeding.
(C) The department, its contractors or agents may file a motion to quash or modify any subpoena or order for disclosure issued by any judicial or administrative tribunal or by any legislative entity, and no records shall be disclosed pursuant to any subpoena or order until the conclusion, including appeal, of the proceedings seeking to quash or modify the subpoena or order.
(8) A knowing violation of the provisions restricting the disclosure of information pursuant to this section shall be a Class B misdemeanor.
(b) Notwithstanding any other provisions of this section, information that is required to be provided to the department of human services, its contractors or agents by the department of labor and workforce development shall not be further disclosed or utilized except to the extent permitted and for the purposes allowable pursuant to § 50-7-701 or under applicable federal or state law or regulations.
Acts 1997, ch. 551, § 10; 1998, ch. 1098, §§ 65 - 67; 1999, ch. 520, § 47.
Tenn. Code Ann. § 71-1-114 — TN Code / Title 71 / Chapter 1 / Section 71-1-114
Compliance with federal requirements authorized
Status: in_force

In the event that the federal government increases the percentages of funds to be furnished by it that may be matched by the state and used in connection with chapters 2-4 of this title, providing assistance to aged persons, aid to dependent children, or any successor program, and aid to the needy blind, the department is authorized to conform to the provisions of federal acts relating to the matching of administrative expense in a higher ratio than provided in such acts and to conform to the provisions for a higher ratio of matching of funds for assistance purposes. The department is further authorized to use any funds granted by the federal government in connection with such programs for the purpose for which they are granted and subject to the limitations or conditions contained in such grants. Acts 1937, ch. 48, § 4(b), as added by Acts 1941, ch. 40, § 1; C. Supp. 1950, § 4765.7 (Williams, § 4765.4); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-114, 14-1-114; Acts 1996, ch. 950, § 22.
In the event that the federal government increases the percentages of funds to be furnished by it that may be matched by the state and used in connection with chapters 2-4 of this title, providing assistance to aged persons, aid to dependent children, or any successor program, and aid to the needy blind, the department is authorized to conform to the provisions of federal acts relating to the matching of administrative expense in a higher ratio than provided in such acts and to conform to the provisions for a higher ratio of matching of funds for assistance purposes. The department is further authorized to use any funds granted by the federal government in connection with such programs for the purpose for which they are granted and subject to the limitations or conditions contained in such grants.
Acts 1937, ch. 48, § 4(b), as added by Acts 1941, ch. 40, § 1; C. Supp. 1950, § 4765.7 (Williams, § 4765.4); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-114, 14-1-114; Acts 1996, ch. 950, § 22.