reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 7 - Statewide Income and Eligibility Verification System (SIEVS) › Section III-701 - SIEVS Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective
				  September 30, 1986, the Office of Family Security will implement the Statewide
				  Income and Eligibility Verification System (SIEVS). The Social Security numbers
				  of applicants for and recipients of benefits and services through the
				  assistance payments, food stamps, and medical assistance programs will be
				  submitted to SIEVS at application and at regular periods thereafter. SIEVS will
				  perform computer matching to obtain information from the Social Security
				  Administration, the Internal Revenue Service, and the Louisiana Department of
				  Labor. SIEVS will receive information regarding income and resources from these
				  agencies, and will produce reports for OFS eligibility workers. The eligibility
				  workers will use the information to determine whether applicants and recipients
				  have reported correctly and whether eligibility and benefit level have been
				  determined correctly.
AUTHORITY NOTE:
					 Promulgated in accordance with F.R. 51:7178 et seq. and
					 7CFR
					 273.2.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 8 - General Administrative Procedures › Section III-801 - Implementation of Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Because of the nature of the eligibility programs administered by the agency,
				  rules promulgated by the Office of Family Support are effective the first of
				  the month following the publication of the final rule, unless otherwise stated
				  within the rule.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:474.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 8 - General Administrative Procedures › Section III-803 - Benefit Delivery

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Office of Family Support delivers benefits in the following manner:
1. electronic benefits transfer; or
2. direct deposit; or
3. stored value cards; or
4. checks.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 9 - Administration › Section III-901 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Family
				  Independence Temporary Assistance Program (FITAP) has been established in
				  accordance with applicable federal and state laws.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 P.L.
					 104-193,
					 R.S.
					 46:231 and
					 R.S.
					 36:474.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 9 - Administration › Section III-902 - State Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Title
				  IV-A State Plan as it existed on August 21, 1996, is hereby adopted to the
				  extent that its provisions are not in conflict with any emergency or normal
				  rules adopted or implemented on or after August 21, 1996.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:474,
					 R.S.
					 46:233 and
					 P.L.
					 104-193.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter A - Application, Determination of Eligibility, and Furnishing Assistance › Section III-1201 - Application Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 individuals applying for FITAP shall be considered applicants for assistance
					 and shall file a written and signed application form under penalty of perjury.
					 The date the application form is received by the department shall be considered
					 the date of application. If an application is received after 4:30 p.m. central
					 time, the following workday shall be considered the date of application. If
					 determined eligible, benefits shall be prorated from the date of
					 application.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474,
						R.S.
						46:231.1.B.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter A - Application, Determination of Eligibility, and Furnishing Assistance › Section III-1203 - Standard Filing Unit

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 mandatory filing unit includes the child, the child's siblings (including half
					 and step-siblings) and the parents (including legal stepparents) of any of
					 these children living in the home. In the case of the child of a minor parent,
					 the filing unit shall include the child, the minor parent, the minor parent's
					 siblings (including half and step) and the parents of any of these children
					 living in the home. Supplemental Security Income (SSI) recipients and children
					 receiving kinship care subsidy or foster care payments may not be included in
					 the filing unit.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474,
						R.S.
						46:231.1.B.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter A - Application, Determination of Eligibility, and Furnishing Assistance › Section III-1205 - Application Time Limit

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 time limit for disposition of the application is 30 days from the date on which
					 the signed application is received by the department. The applicant shall have
					 benefits available through Electronic Benefits Transfer (EBT) or notified that
					 he has been found ineligible for a grant by the thirtieth day, unless an
					 unavoidable delay has occurred.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474,
						R.S.
						46:231.1.B.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter A - Application, Determination of Eligibility, and Furnishing Assistance › Section III-1207 - Certification Period and Reapplication

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certification periods of a set duration
					 will be assigned. In order to continue to receive benefits, the household must
					 timely reapply and be determined eligible. In the month preceding the final
					 month of certification, a notice of expiration will be provided to the
					 household. The notice shall inform the household that failure to timely reapply
					 will result in closure and include the right to a fair hearing. Also, if during
					 the reapplication process, a change is reported which results in a
					 determination of ineligibility or a reduction in benefits, this change will be
					 made effective the following month.
B. The department will require an official
					 reapplication for benefits and prorate benefits from the date of application
					 following a period of ineligibility.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474,
						R.S.
						46:231.1.B.,
						42 U.S.C.
						608, et seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter A - Application, Determination of Eligibility, and Furnishing Assistance › Section III-1209 - Notices of Adverse Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 notice of adverse action shall be sent at least 13 days prior to taking action
					 to reduce or terminate benefits. In some circumstances advance notice is not
					 required. A concurrent notice shall be sent to the client at the time of action
					 in the following situations:
1. the agency
					 has factual information confirming the death of the FITAP payee;
2. the client signs a statement requesting
					 reduction or closure and waiving the right to advance notice;
3. the client's whereabouts are unknown and
					 agency mail directed to the client has been returned by the Post Office
					 indicating no known forwarding address;
4. a client has been certified in another
					 state and that fact has been established;
5. a child is removed from the home as a
					 result of a judicial determination, or is voluntarily placed in foster care by
					 his legal guardian;
6. the client
					 has been admitted or committed to an institution;
7. the client has been placed in a skilled or
					 intermediate nursing care facility or long-term hospitalization;
8. the agency disqualifies a household member
					 because of an intentional program violation and the benefits of the remaining
					 household members are reduced or terminated because of the
					 disqualification;
9. the worker
					 reduces or ends benefits at the end of a normal period of certification when
					 the client timely reapplies;
10.
					 the case is closed due to the amount of child support collected through child
					 support enforcement services;
11.
					 the client has been certified for supplemental security income or foster care
					 payments and that fact has been established;
12. the child is certified for kinship care
					 subsidy payments;
13. the agency
					 receives a written report signed by the head of household or other responsible
					 household member which provides sufficient information for the agency to
					 determine the household's benefit amount or ineligibility;
14. benefits are reduced or terminated
					 effective the month following the simplified report month;
15. mass changes.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter A - Application, Determination of Eligibility, and Furnishing Assistance › Section III-1211 - Minimum Payments

Current through Register Vol. 50, No. 6, June 20, 2024
A. FITAP
					 grant payments in an amount of less than $10 will be prohibited.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474,
						R.S.
						46:231.1.B.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter A - Application, Determination of Eligibility, and Furnishing Assistance › Section III-1213 - Domestic Violence

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 secretary shall waive, for as long as necessary, pursuant to a determination of
					 good cause, any public assistance program requirement that will create
					 obstacles for a victim of domestic violence to escape a domestic violence
					 situation, including but not limited to, time limits on receipt of assistance;
					 work, training, or educational requirements; limitations on TANF assistance to
					 noncitizens; child support or paternity establishment cooperation requirements;
					 residency requirements; and any other program requirements which will create
					 obstacles for such victim to escape violence or penalize that victim for past,
					 present, and potential for abuse. However, a victim of domestic violence shall
					 develop a plan that specifies the necessary actions, goals, and services that
					 may enable the victim to become free of a domestic violence
					 situation.
B. Any information
					 obtained pursuant to this Section regarding a victim of domestic violence shall
					 be used solely for the purposes provided for in this Section or for referral to
					 supportive services and shall not be released to any third party, including a
					 governmental agency, unless such agency is authorized to obtain such
					 information by another provision of law.
C. Individuals who allege domestic violence
					 should submit any available evidence to substantiate their claim. If the
					 individual alleging to be a victim of domestic violence is unable to provide
					 documentation to substantiate the claim, the client's statement may be accepted
					 unless there is a reasonable basis to doubt the statement. The worker must
					 continue to attempt to secure the documentation as it becomes available. The
					 documentation may include, but is not limited to:
1. police, government agency or court
					 records;
2. documentation from a
					 shelter worker, legal professional, member of the clergy, medical professional,
					 or other professional from whom the individual has sought assistance in dealing
					 with domestic violence;
3. other
					 corroborating evidence, such as a statement from any other individual with
					 knowledge of the circumstances which provide the basis for the claim;
4. physical evidence of domestic violence;
					 or
5. other evidence which supports
					 the statement.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1221 - Age Limit

Current through Register Vol. 50, No. 6, June 20, 2024
A. A dependent
					 child must be:
1. under 18 years of age;
					 or
2. 18 years of age and enrolled
					 in a secondary school or its equivalent.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1225 - Enumeration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each applicant
					 for, or recipient of, FITAP is required to furnish a Social Security number or
					 to apply for a Social Security number if such a number has not been issued or
					 is not known, unless effective May 1, 2006, good cause has been
					 established.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474 and
						R.S.
						46:231.1.B., Act 16, 2005 Reg.
						Session.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1227 - Living in the Home of a Qualified Relative

Current through Register Vol. 50, No. 6, June 20, 2024
A. A child must reside in the home of a
					 parent or other qualified relative who is responsible for the day-to-day care
					 of the child. Benefits will not be denied when the qualified relative or the
					 child is temporarily out of the home for a period not to exceed 180 days. Good
					 cause must be established for a temporary absence of more than 45 days. The
					 following relatives are qualified relatives:
1. grandfather or grandmother (extends to
					 great-great-great);
2. brother or
					 sister (including half-brother and half-sister);
3. uncle or aunt (extends to
					 great-great);
4. first cousin
					 (including first cousin once removed);
5. nephew or niece (extends to
					 great-great);
6. stepfather or
					 stepmother;
7. stepbrother or
					 stepsister.
These may be either biological or adoptive
						relatives.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1231 - Immunization

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to
					 follow the schedule of immunizations as promulgated by the Louisiana Office of
					 Public Health for any child under 18 years of age, without good cause, shall
					 result in case closure.
1. The appropriate
					 STEP sanction shall be imposed on a work-eligible family.
2. The case of a family that is not
					 work-eligible shall be closed for at least one month and until the child is in
					 compliance.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1233 - Residency

Current through Register Vol. 50, No. 6, June 20, 2024
A. FITAP recipients
					 must reside in Louisiana with intent to remain.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474,
						R.S.
						46:231.1.B.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1237 - School Attendance

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Work-eligible FITAP recipients must meet the school attendance requirements
					 outlined in LAC 67:III.Chapter 57.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474 and
						R.S.
						46:231.3, Act 58, 2003 Reg.
						Session.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1239 - Assignment of Support Rights and Cooperation with Support Enforcement Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Assignment of Support Rights
1. Each
					 applicant for, or recipient of, FITAP is required to assign to the Department
					 of Social Services, Office of Family Support, any accrued rights to support for
					 any other person that such applicant or recipient may have, including such
					 rights in his own behalf or in behalf of any other family member for whom the
					 applicant or recipient is applying for or receiving.
2. By accepting FITAP for, or on, behalf of a
					 child or children, the applicant or recipient shall be deemed to have made an
					 assignment to the department of any and all right, title, and interest in any
					 support obligation and arrearage owed to, or for, such child or children or
					 caretaker up to the amount of public assistance money paid for, or on, behalf
					 of such child or children or caretaker for such term of time as such public
					 assistance monies are paid; provided, however, that the department may
					 thereafter continue to collect any outstanding debt created by such assignment
					 which has not been paid by the responsible person. The applicant or recipient
					 shall also be deemed, without the necessity of signing any document, to have
					 appointed the support enforcement services program administrator as his or her
					 true and lawful attorney-in-fact to act in his or her name, place, and stead to
					 perform the specific act of endorsing any and all drafts, checks, money orders
					 or other negotiable instruments representing support payments which are
					 received on behalf of such child or children or caretaker as reimbursement for
					 the public assistance monies paid to such applicant or recipient.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1241 - Sanctions for Refusal to Accept a Job

Current through Register Vol. 50, No. 6, June 20, 2024
A. Refusal to accept a job will result in the
					 appropriate sanction being imposed on a work-eligible family.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474 and
						R.S.
						46:231.1.B, Act 58, 2003 Reg.
						Session.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1243 - Work Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Recipients must meet the work requirements outlined in LAC 67:III.Chapter
					 57.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474,
						R.S.
						46:231.7., 46:231.8 and 46:231.9, Act 58,
						2003 Reg. Session.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1245 - Parenting Skills Education

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Effective May 1, 2006, recipients who are pregnant or have a child under age
					 one shall participate in parenting skills education as outlined in LAC
					 67:III.Chapter 57, § 5711
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474 and
						R.S.
						46:231.5; Act 58, 2003 Reg. Session. Act 16,
						2005 Reg. Session.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1247 - Time Limits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office
					 of Family Support shall deny FITAP cash benefits to families if the parent has
					 received FITAP for at least 24 months, whether consecutive or not, during the
					 prior 60-month period. Only months of FITAP receipt after the January 1, 1997
					 date of implementation count toward the 24-month limit.
B. The following situations represent
					 exemptions from the 24-month time limit:
1.
					 effective October 1, 2004, all adults included in the assistance unit are
					 incapacitated or disabled; or
2.
					 months after June 1999 in which a recipient receives the earned income
					 disregard shall not count toward the 24-month time limit.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1249 - Drug Screening, Testing, Education and Rehabilitation Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Compliance. All
					 adult recipients of FITAP must be free from the use of or dependency on illegal
					 drugs. All applicants for and recipients of FITAP benefits, age 18 and over,
					 must satisfactorily comply with the requirements of the drug screening,
					 testing, education and rehabilitation process. An
illegal drug
is a controlled substance as defined in
					 R.S.
					 40:961 et seq.,
controlled dangerous
					 substance.
B. Screening
					 and Referral Process. All adult applicants for and recipients of FITAP will be
					 screened for the use of or dependency on illegal drugs at initial application
					 and redetermination of eligibility using a recognized and standardized drug
					 abuse screening test.
1. When the screening
					 process indicates that there is a reason to suspect that a recipient is using
					 or dependent on illegal drugs, or when there is other evidence that a recipient
					 is using or dependent on illegal drugs, the caseworker will refer the recipient
					 to the Department of Health and Hospitals, Office of Behavioral Health (OBH) to
					 undergo a formal substance abuse assessment which may include urine testing.
					 The referral will include a copy of the screening form and a copy of the
					 release of information form.
2.
					 Additionally, if at any time DCFS has reasonable cause to suspect that a
					 recipient is using or dependent on illegal drugs based on direct observation or
					 if DCFS judges to have reliable information of use or dependency on illegal
					 drugs received from a reliable source, the caseworker will refer the recipient
					 to OBH to undergo a formal substance abuse assessment which may include urine
					 testing. All such referrals will require prior approval by the supervisor of
					 the caseworker.
3. OBH will advise
					 DCFS of the results of the formal assessment. If the formal assessment
					 determines that the recipient is not using or dependent on illegal drugs, no
					 further action will be taken unless subsequent screening or other evidence
					 indicates a reasonable suspicion of illegal drug dependency or use. If the
					 formal assessment determines that the recipient is using or dependent on
					 illegal drugs, OBH will determine the extent of the problem and recommend the
					 most appropriate and cost effective method of education and rehabilitation. The
					 education or rehabilitation plan will be provided by OBH or by a contract
					 provider and may include additional testing and monitoring. The OBH assessment
					 will include a determination of the recipient's ability to participate in
					 activities outside of the rehabilitation program.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1251 - Fleeing Felons and Probation/Parole Violators

Current through Register Vol. 50, No. 6, June 20, 2024
A. No cash assistance shall be provided to a
					 person 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
					 state from which the individual flees. This does not apply with respect to the
					 conduct of an individual, for any month beginning after the President of the
					 United States grants a pardon with respect to the conduct.
B. No cash assistance shall be provided to a
					 person violating a condition of probation or parole imposed under federal or
					 state law. This does not apply with respect to the conduct of an individual,
					 for any month beginning after the President of the United States grants a
					 pardon with respect to the conduct.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474,
						R.S.
						46:231.1.B.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1253 - Strikers

Current through Register Vol. 50, No. 6, June 20, 2024
A. FITAP benefits
					 cannot be paid to families in which the caretaker relative or stepparent is
					 participating in a strike on the last day of the month and, if any other member
					 of the household is participating in a strike, his or her needs cannot be
					 considered in computing the FITAP benefits.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474, and
						R.S.
						46:231.1(B).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1255 - Individuals Convicted of a Felony Involving a Controlled Substance (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
						Promulgated in accordance with
						42 USC
						601 et seq.,
						R.S.
						36:474, and
						R.S.
						46:231.2.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1257 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Effective February 1, 2004, a FITAP household that is not included in a SNAP
					 Simplified reporting household shall report any change that affects eligibility
					 or the amount of monthly benefits. The specified dollar amounts of change for
					 earned or unearned income that trigger a report shall be adjusted annually in
					 accordance with
					 7 CFR §
												273.12(a)(1)(i)
					 (D). Changes shall be reported within 10 days
					 of the knowledge of the change.
B.
					 A FITAP household that is included in a SNAP Simplified Reporting household is
					 subject to the simplified household reporting requirements in accordance with
					 §2013 and must report if the only
					 eligible child moves out of the home or if any eligible child is certified for
					 Foster Care.
AUTHORITY NOTE:
						Promulgated in accordance with
						42
						U.S.C. 601 et seq.,
						R.S.
						36:474,
						R.S.
						46:231 et seq.  7 CFR Part 273, 42 U.S.C.
						608, et seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1259 - Use of FITAP Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A. FITAP
					 benefits shall not be used in any electronic benefit transfer transaction in:
1. any liquor store;
2. any gambling casino or gaming
					 establishment;
3. any retail
					 establishment that provides adult-oriented entertainment in which performers
					 disrobe or perform in an unclothed state for entertainment purposes, any adult
					 bookstores, any adult paraphernalia store, or any sexually oriented
					 business;
4. any tattoo, piercing,
					 or commercial body art facility;
5.
					 any nail salon;
6. any jewelry
					 store;
7. any amusement ride,
					 amusement attraction, or video arcade;
8. any bail bonds company;
9. any night club, bar, tavern, or
					 saloon;
10. any cruise
					 ship;
11. any psychic business;
					 or
12. any establishment where
					 persons under age 18 are not permitted.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter C - Recovery › Section III-1285 - IV-D Recovery of Support Payments

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 When assigned child support payments are received and retained by the FITAP
					 applicant/recipient, responsibility is placed with the IV-D agency (Child
					 Support Enforcement Services) to recover all such payments. The only exception
					 is a direct payment retained by the recipient during the period when the
					 sanction for failure to cooperate is in effect.
B. In providing for this policy the IV-D
					 staff must:
1. document that the recipient
					 has received and retained direct payments, and the amounts;
2. provide a written notice of intent to
					 recover the payments to the recipient including:
a. an explanation of the recipient's
					 responsibility to cooperate by turning over direct payments as a condition of
					 eligibility for FITAP, and a sanction for failure to cooperate as provided at
					  45 CFR 232.12(d);
b. a detailed
					 list of the direct payments as documented by IV-D, including dates and amounts
					 of payments and description of documentary evidence possessed by
					 IV-D;
c. a proposal for a repayment
					 agreement related to the recipient's income and resources including the FITAP
					 grant and the total amount of retained support;
d. providing the opportunity for the
					 recipient to have an informal meeting to clarify his responsibilities and to
					 resolve any differences regarding repayment.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 15 - General Program Administration › Subchapter A - Fraud › Section III-1501 - Fraud Control Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office
					 of Family Support maintains a Fraud Control Program in the Family Independence
					 Temporary Assistance Program (FITAP) Program.
B. Under this program, the Office of Family
					 Support may:
1. implement an administrative
					 hearing procedure for FITAP fraud cases; and
2. disqualify the adult found guilty of FITAP
					 fraud by a court or in an administrative hearing;
3. cash assistance shall be denied to an
					 individual for 10 years from the date that individual is convicted in federal
					 or state court of having made a fraudulent statement or representation with
					 respect to his place of residence in order to receive assistance simultaneously
					 from two or more states. This does 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.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 15 - General Program Administration › Subchapter B - Recovery › Section III-1503 - Recovery of Overpayments

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 FITAP overpayments shall be subject to collection either by recoupment or
					 recovery with the exception of inadvertent household error claims and
					 administrative error claims of less than $350 for participating and
					 nonparticipating households.
B.
					 Action will be taken to recover all claims which are determined to be the
					 result of intentional program violation.
AUTHORITY
						NOTE: Promulgated in accordance with
						P.L.
						104-193.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 15 - General Program Administration › Subchapter B - Recovery › Section III-1506 - Special Considerations in Determining Recovery Amounts

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the payee
					 fails to report a child's absence of more than a 45-day duration by the end of
					 the five-day period that begins with the date that it became clear to the payee
					 that the child would be absent for a 45-day period, and good cause for the
					 absence is not established, the needs of the payee as well as the needs of the
					 child will be excluded when determining the recovery amount.
AUTHORITY NOTE:
						Promulgated in accordance with
						P.L.
						104-193.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 15 - General Program Administration › Subchapter C - Confidentiality › Section III-1507 - Disclosing Information Concerning Fugitive Felons

Current through Register Vol. 50, No. 6, June 20, 2024
A. OFS may disclose, to state and local law
					 enforcement officers, the current address of any FITAP recipients who are
					 fugitive felons if the law enforcement officer gives the agency the recipient's
					 name and Social Security number and satisfactorily demonstrates that the
					 recipient is a fugitive felon.
AUTHORITY NOTE:
						Promulgated in accordance with P.L. 98-369 and F.R. 49:35586 et
						seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 17 - Administration › Subchapter A - General Provisions › Section III-1701 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Supplemental
					 Nutrition Assistance Program (SNAP) is administered under the authority of
					 applicable federal and state laws.
AUTHORITY NOTE:
						Promulgated in accordance with applicable Sections of 7 CFR and
						R.S.
						36:474,
						P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 17 - Administration › Subchapter B - General Administrative Requirements › Section III-1703 - Supplemental Nutrition Assistance Program (SNAP) Manual

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rules and regulations regarding the
					 implementation of the Food and Nutrition Act of 2008 (P.L.
					 110-246) have been adopted effective January 1,
					 2010.
B. The Office of the State
					 Register has determined that publication of these rules would be unduly
					 cumbersome and exercised its privilege to omit them from the
Louisiana
					 Register
, as per
					 R.S.
					 49:954.1(C). The new
					 Supplemental Nutrition Assistance Program (SNAP) Manual may be obtained from
					 the Department of Children and Family Services, Post Office Box 94065, Baton
					 Rouge, Louisiana 70804. Also, copies of the SNAP Manual are available for
					 public inspection at each departmental parish office and on the DCFS website at
					 www.dcfs.louisiana.gov.
AUTHORITY NOTE:
						Promulgated in accordance with F.R. 43:47846 et seq. and
						R.S.
						49:954.1(C),  7 CFR 271  et
						seq., P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 17 - Administration › Subchapter B - General Administrative Requirements › Section III-1705 - Outreach

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Outreach
					 Program will be discontinued but program informational material will continue
					 to be available.
AUTHORITY NOTE:
						Promulgated in accordance with F.R. 46:44712 et seq.,  7 CFR
						272 .
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 17 - Administration › Subchapter B - General Administrative Requirements › Section III-1709 - Purchasing Prepared Meals

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Effective May 1, 1987 homeless Supplemental Nutrition Assistance Program (SNAP)
					 recipients (including newly eligible residents of temporary shelters for the
					 homeless) may use their SNAP benefits to purchase prepared meals served by an
					 authorized public or nonprofit establishment that feeds homeless
					 people.
AUTHORITY NOTE:
						Promulgated in accordance with F.R. 52:7554 et seq.,  7 CFR 274, P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 17 - Administration › Subchapter B - General Administrative Requirements › Section III-1711 - Disabled People in Group Living Arrangements

Current through Register Vol. 50, No. 6, June 20, 2024
A. All individuals residing in group living
					 arrangements who meet the Food and Nutrition Act of 2008 definition of
disabled
(as defined in Section 3(r) of the Food and Nutrition
					 Act) are eligible to receive SNAP benefits to purchase their prepared
					 meals.
AUTHORITY NOTE:
						Promulgated in accordance with
						7 CFR
						271.2,
						273.1(e)(1)(iii),
						278.1(f),
						P.L.
						110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 17 - Administration › Subchapter C - Disaster Supplemental Nutrition Assistance Program (DSNAP) › Section III-1713 - Emergency Food Assistance Program for Disaster Victims

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under the authority of Food and Nutrition
					 Act of 2008 and  7 CFR Part 280, the Department of Children and Family Services
					 does hereby establish an Emergency Food Assistance Program for Victims of
					 Disaster.
B. This program provides
					 emergency Disaster Supplemental Nutrition Assistance Program (DSNAP) benefits
					 to households in an area which has been included in a disaster declaration. The
					 Secretary of the U.S. Department of Agriculture (USDA), or his designee,
					 determines the areas to be included in such a declaration, the temporary
					 eligibility standards, grant amounts, and duration of the program.
C. In order for a parish or community to be
					 eligible for inclusion in a DSNAP declaration, the following criteria must be
					 met.
1. Normal commercial channels for food
					 distribution were disrupted by the disaster.
2. Normal food distribution channels were
					 restored.
3. The normal, ongoing
					 Supplemental Nutrition Assistance Program is unable to expeditiously handle the
					 volume of households affected by the disaster.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter A - Household Concept › Section III-1901 - Household Composition

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 definition of a household includes an individual or a group of individuals who
					 live together and customarily purchase food and prepare meals together for home
					 consumption.
B. Separate household
					 status may not be granted to the following individuals or groups of
					 individuals, even if they purchase and prepare meals separately:
1. spouses who live together;
2. natural, adopted or step-children, age 21
					 or under who live with their parents.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter A - Household Concept › Section III-1903 - Boarder

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective
					 February 1, 1989 foster children are to be considered "boarders" and must be
					 certified under the provisions governing boarder status in Section C-140 and
					 E-210 of the FAM-4. The provision under E-211.1 which prohibits granting
					 boarder status to children under 18 years of age who are under the parental
					 control of an adult household member does not apply with regard to foster
					 children. In addition, the foster care payments must be excluded from
					 consideration as income to the household providing the foster care.
B. However, foster care households continue
					 to have the option to treat the foster children as members of the household in
					 accordance with current boarder policy. The entire foster care payments would
					 then count as income to the household.
AUTHORITY NOTE:
						Promulgated in accordance with
						7 CFR
						273.1.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 3 - Supplemental Nutrition Assistance Program (SNAP) › Chapter 19 - Certification of Eligible Households › Subchapter A - Household Concept › Section III-1905 - Definition of Elderly and Disabled

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Effective August 1, 1986, the definition of elderly and disabled member has
					 been expanded to read as follows. A member of a household who:
1. is 60 years of age or older;
2. receives Supplemental Security Income
					 benefits under Title XVI of the Social Security Act or disability or blindness
					 payments under Titles I, II, X, XIV, or XVI of the Social Security
					 Act;
3. receives federally or
					 state-administered supplemental benefits under Section 1616(a) of the Social
					 Security Act provided that the eligibility to receive the benefits is based
					 upon the disability or blindness criteria used under Title XVI of the Social
					 Security Act;
4. receives federally
					 or state-administered supplemental benefits under Section 212(a) of P.L.
					 93-66;
5. receives disability
					 retirement benefits from a governmental agency because of a disability
					 considered permanent under Section 221(i) of the Social Security Act;
6. a veteran with a service-connected or
					 non-service-connected disability rated by the Veteran's Administration (VA) as
					 total or paid as total by the VA under Title 38 of the United States
					 Code;
7. is a veteran considered by
					 the VA to be in need of regular aid and attendance or permanently housebound
					 under Title 38 of the United States Code;
8. is a surviving spouse of a veteran and
					 considered by the VA to be in need of regular aid and attendance or permanently
					 housebound or a surviving child of a veteran and considered by the VA to be
					 permanently incapable of self-support under Title 38 of the United States Code;
					 or
9. is a surviving spouse or
					 surviving child of a veteran and considered by the VA to be entitled to
					 compensation for a service-connected death or pension benefits for a
					 non-service-connected death under Title 38 of the United States Code and has a
					 disability considered permanent under Section 221(i) of the Social Security
					 Act.
Entitled
as used in this definition refers to those
					 veterans' surviving spouses and surviving children who are receiving the
					 compensation or pension benefits stated or have been approved for such
					 payments, but are not yet receiving them;
10. receives an annuity payment under Section
					 2(a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to be
					 eligible to receive Medicare by the Railroad Retirement Board; or Section
					 2(a)(i)(v) of the Railroad Retirement Act of 1974 and is determined to be
					 disabled based upon the criteria used under Title XVI of the Social Security
					 Act.