Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.450 - Assignment of a Protective Payee Over Temporary Assistance Benefits When the Head-of-Household is Declared Ineligible for Temporary Assistance Pursuant to 13 CSR 40-2.400 through 13 CSR 40-2.440

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule adds the requirement that all
				  recipients for Temporary Assistance benefits who are age eighteen (18) or older
				  and are the head-of-household and who become ineligible as set forth in
				  13
				  CSR 40-2.400 through
				  13 CSR
				  40-2.440 will have a protective payee assigned to
				  administer the Temporary Assistance benefit.
(1) The Family Support Division shall require
				the assignment of a protective payee any time the Temporary Assistance
				head-of-household refuses to complete the screening process as set forth in
				13
				CSR 40-2.410.
(2) The Family Support Division shall require
				the assignment of a protective payee any time the Temporary Assistance
				head-of-household refuses to submit to a drug test for the illegal use of a
				controlled substance as set forth in
				13
				CSR 40-2.420.
(3) The Family Support Division shall require
				the assignment of a protective payee any time the Temporary Assistance
				head-of-household tests positive for the illegal use of a controlled substance
				and does not enter or successfully complete a substance abuse treatment program
				as set forth in
				13
				CSR 40-2.430.
(4) The Family Support Division shall
				designate the protective payee, within forty-five (45) days of the
				administrative hearing decision that affirms the division as outlined in
				13 CSR
				40-2.440, or when a new protective payee must be
				designated.
(A) The Temporary Assistance
				head-of-household may nominate an individual to be their protective
				payee.
(B) A relative, friend,
				clergy person, or other qualified adult may be designated as the protective
				payee.
(C) The protective payee
				shall certify to the division he/she meets the following qualifications before
				being appointed to be a protective payee:
1.
				Over the age of twenty-one (21);
2.
				Able to read, write, and willing and able to act in a fiduciary capacity to
				handle funds on behalf of another person;
3. Has the ability to keep his/her current
				residence and mailing address on file at all times with the Family Support
				Division and keep the individual and other household members informed of
				his/her current address and contact information;
4. Able to maintain records and account for
				the use of funds as provided in this regulation;
5. The Department of Social Services has not
				established a claim against him/her for fraud or misuse arising from any
				program administered by the Department of Social Services;
6. Has not been convicted, pled guilty or
				nolo contendere, or received a suspended imposition of sentence (regardless of
				whether incarceration actually occurred) of any felony;
7. Has not been convicted, pled guilty or
				nolo contendere, or received a suspended imposition of sentence (regardless of
				whether incarceration actually occurred) of any misdemeanor set forth in
				Chapter 570, RSMo;
8. Has not been
				convicted, pled guilty or nolo contendere, or received a suspended imposition
				of sentence (regardless of whether incarceration actually occurred) of any
				misdemeanor involving the use and/or possession of controlled
				substances;
9. Has not been
				convicted, pled guilty or nolo contendere, or received a suspended imposition
				of sentence (regardless of whether incarceration actually occurred) of any
				misdemeanor involving the ineligible individual or a family member that is in
				the Temporary Assistance household;
10. Has not been placed on the central
				registry maintained by the Department of Social Services for any actions or
				inaction involving the ineligible individual or a family member that is in the
				Temporary Assistance household; and
11. Has no civil or criminal court order that
				hinders the ability of the protective payee to perform any duties as provided
				in this regulation.
(D)
				The protective payee has an affirmative obligation to notify the division of
				any changes in circumstances that would affect his/her qualifications to serve
				as protective payee as set forth in section (4) including changes in his/her
				address or contact information within ten (10) days of the change.