reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.140 - Limitations on Amount of Cash Payments

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the restrictions or
				  limitations placed on certain types of cash payments.
(1) Receipt of General Relief (GR) and Other
				Types of Assistance.
(A) Persons receiving
				Supplemental Payments (SPs), Supplemental Aid to the Blind (SAB) or Blind
				Pension (BP) will not be eligible for additional assistance from GR funds
				except that persons who were on the GR rolls in December 1973 may receive SPs
				if their total income was reduced because of the Supplemental Security Income
				(SSI) program. Persons eligible for Aid to Dependent Children (ADC) must be
				transferred from GR to ADC immediately. Persons receiving Aid to Families with
				Dependent Children (AFDC) Emergency Assistance will not be eligible for GR
				funds during the month in which they receive AFDC Emergency Assistance.
(Original rule filed Sept. 26, 1951, effective Oct.6, 1951. Amended:
				Nov. 29, 1973, effective Dec. 9, 1973.)
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.150 - Date Cash Payments Are Due and Payable

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment defines the rule's
				  scope, updates the program names, clarifies when payments are made for
				  newly-authorized benefits as opposed to ongoing benefits, codifies the delivery
				  of Food Stamps, and adds an example of a good cause reason for why a claimant
				  may not have his/her photograph on his/her EBT card.
(1) Scope. This rule governs the delivery of
				benefits for the following programs:
(A) The
				Temporary Assistance program, pursuant to section
				208.040,
				RSMo, and Title IV-A of the Social Security Act;
(B) The Supplemental Nutrition Assistance
				Program (SNAP), formerly called Food Stamps, pursuant to 7 USC
				2011-2036c;
(C) The Blind Pension
				program, pursuant to Chapter 209, RSMo; and
(D) Supplemental Payments, Supplemental Aid
				to the Blind, and Supplemental Nursing Care, pursuant to section
				208.030,
				RSMo.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.170 - Special Requirements for the AFDC Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines special provisions for
				  determining eligibility for Aid to Families with Dependent
				  Children.
(1) In verification
				of age for children obviously under eighteen (18) years, assistance may be
				granted without proof of age but verification of the birth date must be
				obtained by the time of the next reinvestigation.
(Original rule filed
				Feb. 6, 1975, effective Feb. 16, 1975.)
(2) Effective January 2, 1974, aliens who
				have lawfully entered the United States and are considered a legal alien will
				be eligible for public assistance and aliens found to be in this country
				illegally will be ineligible. If an illegal alien is found to be on the Aid to
				Dependent Children (ADC) rolls, his/her case will be closed and if an applicant
				is found to be an illegal alien, this application will be rejected.
(Original rule filed Jan. 2, 1974, effective Jan. 12,
				1974.)
(3) Aid to Families
				with Dependent Children-Foster Care (AFDC-FC) payments may be granted to any
				child under the age of nineteen (19) who has been removed from the home of a
				parent or relative by court order and the child would have met AFDC eligibility
				standards in the home from which s/he was removed at the time of the court
				proceedings allowing the six (6) months previous to meet the living with a
				specified relative requirement and continues to be eligible for AFDC in his/her
				own right after the initial determination. Children under the age of twenty-one
				(21) whose placement in foster care is lawfully authorized who meet financial
				eligibility of the ADC program and for whom the Division of Family Services is
				financially responsible, in whole or in part, will be eligible for Title XIX.
(Original rule filed Dec. 22, 1975, effective Jan. 1,
				1976.)
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.180 - Confidentiality of Case Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates terminology and
				  identifies instances in which the disclosure of confidential information is
				  authorized.
(1) Pursuant to
				sections
				208.120
				and
				208.155,
				RSMo, the Family Support Division shall protect from public disclosure any
				information concerning an applicant or recipient of public assistance, and the
				file and record of an applicant or recipient shall be open to inspection only
				to those persons directly connected with the administration of the relevant
				assistance program. The division may disclose information that is protected by
				this rule if the specific type of disclosure is not otherwise prohibited by
				state or federal law and if-
(A) The
				disclosure is of a specific kind that is authorized by state or federal
				law;
(B) The federal laws and
				regulations, if any, governing the program that is relevant to the information
				being disclosed allow for such a disclosure; or
(C) The division has the written consent of
				the applicant or recipient, or the applicant or recipient's legal guardian or
				conservator, to disclose the information.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.190 - Procedure for Collection of Overpayments

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines procedures for collection
				  of payments made to claimants of assistance when claimants were ineligible for
				  payments.
(1) Restitution and
				recovery may be required if at any time it is determined that a recipient has
				received benefits to which s/he was not entitled because of a state or federal
				statutory or regulatory requirement.
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.210

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.220

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.230 - Disposal of Excess Real Property

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines the requirements for
				  disposal of excess real property in the Aid to Families with Dependent Children
				  program as provided for in section
				  208.010,
				  RSMo.
(1) In determining
				eligibility for Aid to Families with Dependent Children (AFDC) cash benefits,
				real property which the family is making a good faith effort to sell shall be
				excluded for a period not to exceed six (6) months, if the family agrees in
				writing with the Division of Family Services to sell this property and repay
				the amount of assistance received during that period from the net proceeds of
				the sale.
(2) If the property has
				not been sold within six (6) months from the effective date of the agreement,
				or if eligibility terminates for any other reason, the entire amount of
				assistance paid during that period shall be a debt due the state.
(3) The agreement shall specify-
(A) Which property will be excluded and the
				market value;
(B) The disposal
				period of six (6) months;
(C) What
				good faith effort requires; and
(D)
				The requirement to repay the assistance received during the disposal
				period.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.250

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.260 - Newborns Deemed to be Eligible for Title XIX

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment puts Missouri in compliance
				  with Federal Regulations establishing that newborns will be deemed to be
				  eligible for Title XIX when they are born to a woman eligible for and receiving
				  Title XIX on the date the child is born.
(1) A child born to a woman eligible for and
				receiving Title XIX on the date her child is born is deemed to have filed an
				application and been found eligible for Title XIX on the date of the birth and
				to remain eligible for one (1) year; provided-
(A) The child is living; and
(B) The child remains a resident of Missouri.
1. When the child's state of residence
				changes during the first year of life, MO HealthNet benefits shall be
				closed.
2. If the child's state of
				residence changes back to Missouri during the first year of life, MO HealthNet
				benefits shall be reinstated until the child's first birthday. An application
				and review of eligibility is not required.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.280

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986, 1993.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.290

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.300 - Definitions Which Are Applicable for Benefit Programs Funded by the Temporary Assistance for Needy Families (TANF) Block Grant

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The department is amending this regulation
				  by adding new definitions and clarifying other definitions.
PURPOSE: This rule provides the definition of terms which are
				  applicable to the Temporary Assistance program funded by the Temporary
				  Assistance for Needy Families (TANF) Block Grant.
(1) Agent. Any entity acting on behalf of the
				division under a contract or memorandum of understanding.
(2) Assistance. Every form of support
				provided to participants and their families under the Temporary Assistance (TA)
				program, including child care, work subsidies, and allowances to meet living
				expenses. Assistance does not include the cash diversion program in 13 CSR
				40-2.480; services that have no direct monetary value to an individual family
				and that do not involve implicit or explicit income support, such as
				counseling, case management, peer support, and employment services that do not
				involve subsidies or other forms of income support; or one- (1-) time ,
				short-term assistance authorized by a representative of the Family Support
				Division as part of an Individual Employment Plan (IEP) under
				13
				CSR 40-2.370(2), including assistance
				to pay for automobile repairs to retain employment and avoid welfare receipt,
				and appliance repair to maintain living arrangements.
(3) Community service programs. Structured
				programs and embedded activities in which TA recipients perform work for the
				direct benefit of the community under the auspices of public or nonprofit
				organizations. Community service programs must be limited to projects that
				serve a useful community purpose in fields such as health, social service,
				environmental protection, education, urban and rural redevelopment, welfare,
				recreation, public facilities, public safety, and child care.
(4) Division. The Family Support Division of
				the Department of Social Services of the State of Missouri, or its
				agent.
(5) Household. A family that
				includes:
(A) Eligible children under the age
				of eighteen (18); or
(B) Eligible
				children who are age eighteen (18) and in secondary school or the equivalent
				vocational or technical school, if they are expected to graduate before turning
				age nineteen (19); and
(C) The
				natural or adoptive parents of one (1) or more of the eligible children;
				or
(D) Any needy non-parent
				caretaker relative or unrelated guardian of one (1) or more of the eligible
				children, if there are no natural or adoptive parents in the home. The
				non-parent caretaker relative or the guardian, if found to be eligible for
				inclusion, may exclude themselves from the assistance
				group.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.305 - Prohibition Against the Payment of Temporary Assistance to a Person Who Has Been Convicted of Certain Felony Drug Offenses

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prohibits the payment of Temporary
				  Assistance to a person who has been convicted of certain felony drug
				  offenses.
(1) For the purpose
				of the administration of the Temporary Assistance Program the Division of
				Family Services shall not provide assistance to or on behalf of an individual
				who has been convicted (under federal or state law) of any offense which is
				classified as a felony by the law of the jurisdiction involved and which has as
				an element the possession, use or distribution of a controlled substance (as
				defined in section 802(6) of Title 21,
United States
				Code
).
(2) The amount of
				assistance that would otherwise be required to be provided under the Temporary
				Assistance Program to the family members of an individual to whom section (1)
				applies shall be reduced by the amount which would have otherwise been made
				available to the individual who has been convicted of such an
				offense.
(3) For purposes of the
				administration of this rule, the prohibition contained within this rule shall
				not apply to convictions arising out of offenses occurring prior to the
				effective date of United States
				Public
				Law 104-193 on August 22, 1996.
(4) For purposes of the administration of
				this rule, each individual applying for benefits under the Temporary Assistance
				Program shall be required in the application process to state, in writing,
				whether the individual, or any member of the household of the individual, has
				been convicted of a crime described in section (1) of this rule.
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986, 1993 and 208.040.5, RSMo 1949, amended 1955,
					 1969, 1982, 1985.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.315 - Work Activity and Work Requirements for Recipients of Temporary Assistance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies new work
				  participation requirements pursuant to sections
				  208.026
				  and
				  208.040,
				  RSMo for the receipt of Temporary Assistance (TA) benefits.
PURPOSE: This rule establishes the work activities and
				  participation requirements for receipt of Temporary Assistance (TA)
				  benefits.
(1) A participant in a
				single parent family engages in work activities if he or she participates in
				the work activities described in
				13
				CSR 40-2.300(11)(A) through (I) for
				at least thirty (30) hours per week, unless otherwise required by section
				261.31(d) of Title 45, Code of Federal Regulations. After the first twenty (20)
				hours, the participant can also earn additional hours by participating in the
				work activities described in
				13
				CSR 40-2.300(11)(J) through
				(L).
(2) A participant in a two- (2-) parent
				family with work eligible parents engages in work activities if he or she
				participates in a combined minimum of thirty-five (35) hours of work activities
				as described in
				13
				CSR 40-2.300(10)(A) through (I),
				unless otherwise required by section 261.31(d) of Title 45, Code of Federal
				Regulations. After the first thirty (30) hours, the participant can earn
				additional hours by participating in work activities described in
				13
				CSR 40-2.300(10)(J) through
				(L).
(3) A work eligible, two- (2-) parent family
				that receives federally-funded child care assistance, and which includes an
				adult who is neither disabled nor caring for a severely disabled child, must
				engage in at least fifty-five (55) hours of work activities per week, unless
				otherwise required by section 261.31(d) of Title 45, Code of Federal
				Regulations. After the first fifty (50) hours, the participant can earn
				additional hours by participating in work activities described in
				13
				CSR 40-2.300(10)(J) through
				(L).
(4) A participant who is married, or is a
				single parent head of household under twenty (20) years of age, who has one (1)
				or more children of any age, is deemed to be engaged in work activities,
				notwithstanding section (1) or (2) of this rule, if-
(A) The participant maintains satisfactory
				monthly attendance in a secondary school or a course of study leading to a
				certificate of general equivalence; or
(B) Participates in education directly
				related to employment for an average of at least twenty (20) hours per week
				each month.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.320 - Prohibition Against Displacing Existing Workers Through Work Activities Associated with the Temporary Assistance Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prohibits displacing existing
				  workers through work activities associated with the Temporary Assistance
				  Program and creates a grievance procedure for workers who believe that they
				  have been displaced.
(1) An
				adult receiving assistance through the administration of the Temporary
				Assistance Program may fill a vacant employment position in order to engage in
				work activities. An adult receiving assistance through the program, who fills a
				vacant employment position in order to engage in work activities, must be
				guaranteed wages and benefits comparable to employees in like
				positions.
(2) An adult receiving
				Temporary Assistance and participating in a wage supplementation program may
				only fill a new employment position.
(3) No adult in a work activity as part of
				the Temporary Assistance Program and described in these rules shall be employed
				or assigned to a work activity when-
(A) Any
				other individual is on layoff from the same or any substantially equivalent
				job;
(B) The employer has
				terminated the employment of any regular employee, reduced the hours of such
				employee, or otherwise caused an involuntary reduction of its workforce in
				order to fill the vacancy so created with an individual described in section
				(1); or
(C) The employment
				opportunity is created by a strike, lockout or other bona fide labor
				dispute.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.325 - Prohibition Against Payment of Temporary

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The amendment is amending section
				  (1).
(1) For the purpose of
				the administration of the Temporary Assistance Program, the Family Support
				Division shall not provide assistance to or on behalf of a family-
(A) Unless the family includes:
1. A child under the age of eighteen (18) who
				resides with a custodial parent or other adult caretaker relative of the minor
				child; or
2. A child under the age
				of nineteen (19) and a full-time student in a secondary school (or at the
				equivalent level of vocational or technical training), if the child may
				reasonably be expected to complete the program of the secondary school (or
				vocational or technical training); and
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.330 - Reduction of Temporary Assistance for Noncooperation in Establishing Paternity or Obtaining Child Support

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the reduction of
				  Temporary Assistance for noncooperation in establishing paternity or obtaining
				  child support.
(1) If it is
				determined by the Division of Child Support Enforcement, or its designee, that
				an applicant for or a recipient of Temporary Assistance is not cooperating in
				establishing paternity or in establishing, modifying, or enforcing a support
				order with respect to a child, and the individual does not qualify for any good
				cause or other exception established by the Division of Child Support
				Enforcement, or its designee, pursuant to section 654(29) of Title 42,
United States Code
, then the Division of Family Services- (A)
				Shall deduct from the assistance that would otherwise be provided to the family
				of the individual an amount equal to not less than twenty-five percent (25%) of
				the amount of such assistance.
(2)
				For purposes of the administration of section (1) of this rule, good cause for
				refusing to cooperate is deemed to exist in one (1) or more of the following
				circumstances:
(A) Cooperation by the
				applicant may reasonably be anticipated to result in-
1. Physical or emotional harm to a
				child;
2. Physical or emotional
				harm to the claimant of sufficient severity that it will reduce the applicant's
				capacity to adequately care for a child; or
3. Physical or emotional harm to the claimant
				as a result of domestic violence; and
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.335 - Assignment of Certain Support Rights as a Condition for the Receipt of Temporary Assistance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the assignment of
				  certain support rights as a condition for the receipt of Temporary
				  Assistance.
(1) For the
				purpose of the administration of the Temporary Assistance Program the Division
				of Family Services shall require, as a condition to eligibility for the receipt
				of assistance, that a member of the family assign to the Division of Family
				Services any rights the family member may have (on behalf of the family member
				or of any other person for whom the family member has applied for or is
				receiving such assistance) to support from any other person, not exceeding the
				total amount of assistance so provided to the family, which accrue (or have
				accrued) before the date the family leaves the program. Such assignment of
				support, on or after the date the family leaves the program, shall not apply
				with respect to any support (other than support collected pursuant to section
				664 of Title 42,
United States Code
) which accrued before the
				family received such assistance and which the Division of Child Support
				Enforcement has not collected within the time limits set forth in section
				608(a)(3)(i) and (ii) of Title 42,
United States
				Code
.
(2) The Division of
				Family Services shall not require, as a condition of providing Temporary
				Assistance to any family, that a member of the family assign any rights to
				support described in section (1) which accrue after the date the family leaves
				the program.
(3) For purposes of
				the administration of this rule, an application or receipt of Temporary
				Assistance shall constitute an assignment of such support rights which shall
				take effect, by operation of law, upon a determination that the applicant is
				eligible for assistance.
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986, 1993 and 208.040.5, RSMo 1949, amended 1955,
					 1969, 1982, 1985.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.340 - Prohibition Against Payment of Temporary Assistance to Teenage Parents Who Do Not Attend High School or Other Equivalent Training

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prohibits the payment of Temporary
				  Assistance to teenage parents who do not attend high school or other equivalent
				  training program.
(1) For the
				purpose of the administration of the Temporary Assistance Program, the Division
				of Family Services shall not provide assistance to an individual who has not
				attained eighteen (18) years of age, is not married, has a minor child at least
				twelve (12) weeks of age in his/her care, and has not successfully completed a
				high school education (or its equivalent), if the individual does not
				participate in
-
(A) Educational
				activities directed towards the attainment of a high school diploma or its
				equivalent; or
(B) An alternative
				educational or training program that has been approved by the Division of
				Family Services.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.345 - Prohibition Against Payment of Temporary Assistance to Teenage Parents Not Living in Adult Supervised Settings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prohibits the payment of Temporary
				  Assistance to teenage parents not living in adult supervised
				  settings.
(1) Except as
				provided in section (2), for the purpose of the administration of the Temporary
				Assistance Program, the Division of Family Services shall not provide
				assistance to an individual who has not attained eighteen (18) years of age, is
				not married, and has a minor child in his/her care, if the individual and the
				minor child do not reside in a place of residence maintained by a parent, legal
				guardian, or other adult relative of the individual as such parent's,
				guardian's, or adult relative's home.
(2) In the case of an individual described in
				section (3) of this rule, the Division of Family Services shall provide, or
				assist the individual in locating a maternity home, or other appropriate
				adult-supervised supportive living arrangement, taking into consideration the
				needs and concerns of the individual, unless the Division of Family Services
				determines that the individual's current living arrangement is appropriate, and
				thereafter shall require that the individual and the individual's minor child
				reside in such living arrangement as a condition of the continued receipt of
				assistance or in an alternative appropriate arrangement should circumstances
				change and the current arrangement cease to be appropriate.
(3) For purposes of section (2) the
				"individual" means an individual who has not attained eighteen (18) years of
				age, is not married, and has a minor child in his/her care and-
(A) The individual has no parent, legal
				guardian, or other appropriate adult relative described in subsection (3)(B) of
				his/her own who is living or whose whereabouts are known;
(B) No living parent, legal guardian, or
				other appropriate adult relative, who would otherwise meet applicable criteria
				to act as the individual's legal guardian, of such individual allows the
				individual to live in the home of such parent, guardian, or relative;
				or
(C) The Division of Family
				Services determines that-
1. The individual
				or the minor child referred to in section (1) is being or has been subjected to
				serious physical or emotional harm, sexual abuse, or exploitation in the
				residence of the individual's parent or legal guardian;
2. Substantial evidence exists of an act or
				failure to act that presents an imminent or serious harm if the individual and
				the minor child lived in the same residence with the individual's own parent or
				legal guardian; or
3. The Division
				of Family Services otherwise determines that it is in the best interest of the
				minor child to waive the requirement of section (1) with respect to the
				individual or the minor child.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.350 - Time Limit for Receipt of Temporary Assistance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The amendment adds the definition of
				  "assistance." Section (2) changes the TA lifetime limit to forty-five (45)
				  months, in accordance with SB24, and includes clarifying language. The addition
				  of sections (3), (4), and (5) reorganizes and clarifies the federal exemptions,
				  state exemptions, and hardship extensions to the forty-five (45) month lifetime
				  limit, respectively. The new sections (6) and (7) require true, accurate, and
				  complete information from participants, and afford participants hearing
				  rights.
PURPOSE: This rule establishes procedures for the
				  implementation of the forty-five (45) month lifetime limit for the receipt of
				  Temporary Assistance (TA), and exemptions to that limit beginning January 1,
				  2016, pursuant to section 208.040.5, RSMo.
(1) For purposes of this rule, "assistance"
				shall be defined according to the definition in section 260.31 of Title 45,
Code of Federal Regulations.
(2) A family is not eligible for TA if the
				family includes an adult who has received assistance a cumulative total of
				forty-five (45) months, subject to the exemptions provided by this rule.
(A) This limit shall apply regardless of
				whether the family with an adult has received assistance in Missouri, another
				state, or territory, under the Temporary Assistance for Needy Families Block
				Grant (TANF) program authorized by sections 601-619 of Title 42,
United
				States Code
.
(B) This
				limit shall apply regardless of whether the adult has received Temporary
				Assistance before or after the effective date of these rules.
(C) The total cumulative months do not need
				to be consecutive.
(D) To determine
				the total cumulative lifetime limit, the division shall include all months in
				which the adult received TANF cash assistance in Missouri, on or after July 1,
				1997. If TANF cash assistance was received in another state, the division shall
				include all months in which the adult received federal TANF cash assistance
				from the date that state's TANF program commenced.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.355 - Prohibition Against Payment of Temporary Assistance Benefits to a Person Found to Have Fraudulently Misrepresented Residence in Order to Obtain Assistance in Two or More States

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prohibits the payment of Temporary
				  Assistance to a person found to have fraudulently misrepresented residence in
				  order to obtain assistance in two or more states.
(1) For the purpose of the administration of
				the Temporary Assistance Program, the Division of Family Services shall not
				provide assistance to or on behalf of an individual during the ten (10)-year
				period that begins on the date the individual is convicted in federal or state
				court of 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 programs that are funded under
				Title IV (42
United States Code
section 601 et seq.), Title
				XIX (42
United States Code
section 1396 et seq.), or the Food
				Stamp Act of 1977, or benefits in two (2) or more states under the Supplemental
				Security Income program under Title XVI (42
United States Code
section 1381 et seq.). The preceding sentence shall not apply with respect to a
				conviction of an individual, for any month beginning after the president of the
				United States grants a pardon with respect to the conduct which was the subject
				of the conviction.
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986, 1993 and 208.040.5, RSMo 1949, amended 1955,
					 1969, 1982, 1985.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.357 - Temporary Assistance Diversion Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides the eligibility
				  requirements for the Temporary Assistance (TA) Diversion program, pursuant to
				  Senate Bill 24 (2015).
(1)
				Scope. This rule describes the requirements necessary to qualify for the TA
				Diversion program. The program provides an alternative to Temporary Assistance
				(TA) benefits received on a monthly basis. The program goes into effect January
				1, 2016.
(2) For purposes of this
				rule, the following definitions shall apply:
(A) The terms "program" and "diversion
				program" shall mean the TA Diversion program, unless described otherwise;
				and
(B) "Household" shall be
				defined according to the TA definition in
				13
				CSR 40-2.300(6).
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.360 - Prohibition Against Payment of Temporary Assistance to Certain Persons Fleeing to Avoid Prosecution, or Custody or Confinement After Conviction

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prohibits the payment of Temporary
				  Assistance to certain persons fleeing to avoid prosecution, or custody or
				  confinement after conviction
.
(1) For the purpose of the administration of
				the Temporary Assistance Program, the Division of Family Services shall not
				provide assistance to or on behalf of any individual who is-
(A) 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, which is a
				felony under the laws of the place from which the individual flees, or which,
				in the case of the state of New Jersey, is a high misdemeanor under the laws of
				such state; or
(B) Violating a
				condition of probation or parole imposed under federal or state law. The
				preceding sentence shall not apply with respect to conduct of an individual,
				for any month beginning after the president of the United States grants a
				pardon with respect to the conduct.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.365 - Prohibition Against Payment of Temporary Assistance on Behalf of Minor Children Who Are Absent from the Home for a Significant Period of Time

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prohibits the payment of Temporary
				  Assistance to minor children who are absent from the home for a significant
				  period of time.
(1) For the
				purpose of the administration of the Temporary Assistance Program, the Division
				of Family Services shall not provide assistance to or on behalf of-
(A) A minor child who has been, or is
				expected by a parent (or other caretaker relative) of the child to be,
				temporarily absent from the home for a period exceeding ninety (90) consecutive
				days; or
(B) An individual who is a
				parent (or other caretaker relative) of a minor child and who fails to notify
				the Division of Family Services of the absence of the minor child from the home
				for the period specified in or provided for pursuant to subsection (1)(A), by
				the end of the five (5)-day period that begins with the date that it becomes
				clear to the parent (or relative) that the minor child will be absent for such
				period so specified or provided for.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.370 - Requirement that All Recipients for the Payment of Temporary Assistance Shall Complete an Assessment and May Be Required To Complete an Individual Employment Plan

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires that all
				  applicants/recipients for the payment of Temporary Assistance shall complete an
				  assessment and may be required to complete an individual responsibility plan
				  which is termed an Individual Employment Plan (IEP).
(1) Initial Assessment.
(A) For the purpose of the administration of
				the Temporary Assistance Program, the Family Support Division shall make an
				initial assessment of the skills, prior work experience, and employability of
				each applicant/recipient of assistance under the program who is the head of
				household or second parent and-
1. Has
				attained eighteen (18) years of age; or
2. Has not completed high school or obtained
				a certificate of high school equivalency and is not attending secondary
				school.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.375

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986, 1993 and 208.145, RSMo
					 1998.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.390 - Transitional Employment Benefit

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the Transitional
				  Employment Benefit. This rule also establishes the circumstances when a family
				  is eligible for the Transitional Employment Benefit payment and the length of
				  time a family qualifies for the Transitional Employment Benefit
				  payment.
(1) The Family
				Support Division shall make payable a fifty-dollar ($50) Transitional
				Employment Benefit payment to families with earned income who are no longer
				eligible for Temporary Assistance benefits as defined in
				13
				CSR 40-2.300 through
				13
				CSR 40-2.370 due to an increase in income, removal of
				an earnings disregard or an allowable expense deduction, or a household
				composition change which causes ineligibility due to income guidelines for
				Temporary Assistance provided-
(A) The family
				received Temporary Assistance cash benefits for at least one (1)
				month;
(B) There is a work-eligible
				individual, as defined in
				45 CFR
				261.10, included in the family;
(C) Work-eligible individuals in the family
				continue to meet the minimum work participation hours as outlined in
				42 USC
				607.
1.
				Transitional Employment Benefit work participation hours must be met through
				employment only.
2. Work
				participation hours must be reported and verified within ten (10) days of the
				Temporary Assistance case closing or change in employment;
(D) The family continues to meet all other
				eligibility requirements contained in
				13
				CSR 40-2.300 through
				13
				CSR 40-2.370 with the exception of income;
				and
(E) The family was eligible for
				and received Temporary Assistance in October 2008 or later.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.395 - Spend Down Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the terminology for
				  the spend down program and defines valid verification of incurred medical
				  expenses.
(1) Spend down is a
				program created for persons with disabilities and persons aged sixty-five (65)
				and older who have income that exceeds the Medicaid qualification limits. Such
				individuals may qualify for Medicaid benefits when they spend down their income
				that exceeds the Medicaid eligibility limit. Medicaid coverage begins when the
				individual's incurred medical expenses equal the monthly spend down
				requirement.
(2) Definitions.
(A) "Incurred medical expenses " means
				expenses incurred by the individual or financially responsible relatives for
				necessary medical and remedial services that are recognized under state law and
				are not subject to payment by a third party, unless the third party is a public
				program of a state or political subdivision of a state. Incurred medical
				expenses include Medicare and other health insurance deductibles and
				co-insurance charges, and co-payments or deductibles imposed under
				42
				C.F.R. Section 447.51 or Section
				447.53.
				The term incurred medical expenses includes expenses incurred by an
				individual's spouse whose income is included in the Medicaid eligibility
				determination;
(B) "Individual "
				means aged persons (over sixty-five (65) years), blind persons, or people with
				disabilities with income above limits established under section
				208.151,
				RSMo, for MO HealthNet for the Aged, Blind, and Disabled, permanent and total
				disability benefits, or aid to the blind benefits; and
(C) "Third party" means a Medicare, private
				health insurance, or other health care payer.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.400 - Definitions for the Screening and Testing for the Illegal Use of Controlled Substances by Temporary Assistance Applicants and Recipients

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the definitions that
				  will govern the use of certain terms used to establish the procedures for the
				  screening and testing for illegal use of controlled substances by Temporary
				  Assistance applicants and recipients.
(1) Applicant-A person who has applied for
				Temporary Assistance benefits in accordance with Temporary Assistance
				eligibility regulations, but has not yet been determined eligible for
				benefits.
(2) Appropriate substance
				abuse treatment program-A substance abuse treatment program that the Department
				of Mental Health has approved and-
(A) Is
				certified as an alcohol and drug abuse treatment program by the Department of
				Mental Health; and
(B) Is
				contracted with the Department of Mental Health to provide Comprehensive
				Substance Treatment and Rehabilitation (CSTAR) services.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.410 - Screening Temporary Assistance Applicants and Recipients for Illegal Use of a Controlled Substance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes (1)(B)2. by adding the term
				  "suspended imposition of sentence," deletes language in (1)(C), amends (1)(D)
				  to clarify when the three (3) year period of ineligibil-ity begins for a
				  refusal to cooperate with the screening process and adds clarifying language to
				  section (2).
(1) The Family Support
				Division shall conduct a screening to determine illegal use of a controlled
				substance for all Temporary Assistance applicants and recipients who are age
				eighteen (18) or older, are the head-of-the-household, and are otherwise
				eligible for Temporary Assistance benefits as defined in
				13
				CSR 40-2.300 through
				13
				CSR 40-2.370.
(A)
				The individual must cooperate with the screening process.
1. The individual must agree to complete the
				screening process.
2. The
				individual must answer all questions.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.420 - Testing for the Illegal Use of a Controlled Substance by Applicants and Recipients of Temporary Assistance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The amendment to subsections (1)(A) and (1)(C) adds
				  additional requirements and allows the individual to be drug tested in the
				  county of residence or within twenty-five (25) miles of the individ-uals's
				  residence whichever is closer. The amendment in section (3) clarifies what is a
				  refusal to cooperate. Amendments to sections (4) and (6) clarify when the three
				  (3) year period of ineligibility is to commence.
(1) The Family Support Division shall require
				an individual to submit to a urine dipstick five- (5-) panel drug test when the
				Family Support Division determines there is reasonable cause to believe the
				individual is engaging in the illegal use of a controlled substance. The
				determination of reasonable cause shall be based upon the screening process set
				forth in
				13
				CSR 40-2.410.
(A)
				The division or its designee shall notify the individual in writing, at the
				individual's last known address as contained within the division records, of
				the reasonable cause determination that requires the individual to submit to a
				urine dipstick five- (5-) panel drug test.
(B) The division or its designee shall notify
				the individual in writing of the location of the test and the date by which the
				test must be completed and of the drug testing process.
(C) The division or its designee shall make
				the test available either within the individual's county of residence as known
				to the division or in an adjacent county if the testing location is within
				twenty-five (25) miles of the individual's residence, whichever is closer.
(D) The individual must provide
				verification of identity when submitting to the drug test. Acceptable forms of
				identity verification include: U.S. passport; driver's license issued by the
				state or U.S. territory with a photograph or other identifying information;
				certificate of degree of Indian blood; school identification card; U.S.
				military card or draft card with photograph; identification card issued by
				federal, state, or local government; Native American tribal document.