reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.3 - Food Requirements › Rule 37.75.302 - INFANT MEAL REIMBURSEMENT

Current through Register Vol. 13, July 5, 2024
(1) All meal
				components required by the USDA infant meal pattern contained in
				7 CFR
				226.20 must be supplied by the provider or
				center, with the exception of breast milk, for a meal to be eligible for
				reimbursement.
(2) Except as
				provided in (6), meals containing breast milk served to infants may be claimed
				for reimbursement. Other required or optional meal components must be supplied
				by the provider or center. If the parent supplies any meal component other than
				breast milk, the meal may not be claimed for reimbursement.
(3) Meals containing only breast milk do not
				qualify for reimbursement if feeding is performed naturally by the
				mother.
(4) Except as provided in
				(6), infant formula must be supplied by the provider or center for the meal to
				be eligible for reimbursement. If parents provide infant formula, meals cannot
				be claimed.
(5) Except as provided
				in (6), a provider or center must supply an infant with iron-fortified formula
				or soy-based formula if recommended by the infant's parent or the infant's
				health care provider.
(6) If an
				infant requires a specialty formula such as Nutramigen, Pregestimil, Alimentum,
				and Lofenalac that is much more expensive or difficult to obtain than a regular
				infant formula, the provider or center may request that the parent pay the
				difference between a regular priced formula and the much higher priced formula.
				If the parents supply the specific formula, in lieu of receipt of cash, the
				provider or center may credit the parents for the value of the formula the
				provider or the center would have supplied. A written agreement signed by both
				the provider or center and the parents indicating how specialty formulas are to
				be provided must be kept and must be available for review by CACFP staff and
				auditors.
(7) Whole milk is not
				allowed as a meal component for an infant who is 12 months or less of
				age.
52-2-704,
					 MCA; IMP,
					 52-2-702,
					 52-2-704,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.3 - Food Requirements › Rule 37.75.303 - COMBINATION FOODS

Current through Register Vol. 13, July 5, 2024
(1) Each day care
				center and day care home shall list components of combination foods on menus as
				required by the Montana CACFP. Combination foods include, but are not limited
				to, the following:
(a) chili (ground
				turkey/beans);
(b) chicken
				casserole (chicken/rice/broccoli); and
(c) tacos (soft tortilla/ground
				beef/cheese/lettuce, and tomato). The provider or center is responsible for
				ensuring that combination foods provide adequate amounts of the required meal
				components for the age group being served.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.4 - Records › Rule 37.75.401 - SPONSOR AND FACILITY TRAINING AND TRAINING RECORDS

Current through Register Vol. 13, July 5, 2024
(1) A center must provide annual staff
				training on CACFP requirements, including those related to nutrition education,
				meal services, and food safety.
(2)
				Each institution must provide free training to each facility it sponsors under
				the CACFP. Initial training for each facility must occur before any meal or
				snack is served for which CACFP reimbursement is claimed.
(3) Training sessions must be provided at
				least annually for each facility.
(4) An institution must document each
				training session by keeping on file:
(a) an
				agenda which lists the date, time, topic, and location of the
				training;
(b) the names of the
				training facilitator or facilitators;
(c) a sign in sheet signed by each training
				session participant; or
(d) a copy
				of the certificate of completion for online training, signed by the sponsor's
				authorized representative.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.4 - Records › Rule 37.75.402 - MILK PURCHASE RECORDS

Current through Register Vol. 13, July 5, 2024
(1) All reviews of
				centers performed by department staff and auditors under department contract
				will evaluate the milk purchase quantity documentation and compare it to the
				meals claimed that require a milk volume component.
(2) Notwithstanding any other applicable
				rule, if enough milk is not purchased and documented to meet the minimum meal
				component milk volume requirement, a corresponding meal reimbursement
				disallowance shall be made, in accordance with the milk volume requirements of
				7 CFR
				226.20.
52-2-704,
					 MCA; IMP,
					 52-2-702,
					 52-2-704,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.4 - Records › Rule 37.75.403 - RECIPES REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) All program
				providers or centers must maintain documentation as to the creditability of
				baked goods as a bread/bread alternate.
(2) Each day care center or day care home
				shall maintain documentation of bread/bread alternate ingredients.
				Documentation may include a recipe, food label, or child nutrition (CN) label
				for the food item. This documentation is to be used to assess whether the
				primary ingredient (by weight) of the item is whole-grain and/or enriched flour
				and therefore creditable as a bread/bread alternate.
(3) Examples of recipes/food labels that
				should be kept on file include but are not limited to the following:
(a) banana/carrot/zucchini bread;
(b) brownies/bars;
(c) cookies;
(d) gingerbread; and
(e) granola bars.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.5 - Reviews › Rule 37.75.501 - REVIEWS OF DAY CARE HOME SPONSORS

Current through Register Vol. 13, July 5, 2024
(1) The
				department will conduct at least one review of each day care home sponsor
				during each period consisting of two federal fiscal years for sponsors with 100
				or more homes. The department will conduct at least one review of each day care
				home sponsor during each period consisting of three federal fiscal years for a
				sponsor with fewer than 100 homes.
(2) The sponsor must ensure that all program
				records are available during any review. Program records include but are not
				limited to:
(a) documentation to substantiate
				that the procedures outlined in the sponsor's current management plan have been
				and are being followed; and
(b)
				documentation of claims processed and fiscal activity for the three preceding
				federal fiscal years, plus the current federal fiscal years.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.5 - Reviews › Rule 37.75.502 - REVIEWS OF CENTERS AND SPONSORS OF CENTERS

Current through Register Vol. 13, July 5, 2024
(1) The department will conduct a minimum of
				one announced or unannounced review of each center or sponsor of centers in
				each three year period.
(2) Each
				institution must provide all CACFP records to the CACFP review team when the
				CACFP performs an announced or unannounced review. Records that must be on site
				and made available to the CACFP during a review include but are not limited to:
(a) monthly attendance records and sign
				in/out sheets;
(b) food receipts,
				by month of purchase;
(c) food
				service labor documentation;
(d)
				menu plan and food production records;
(e) completed income eligibility
				forms;
(f) menus;
(g) milk receipts, by month of
				purchase;
(h) monthly financial
				reports;
(i) staff training
				records;
(j) records of facility
				training performed by the sponsor;
(k) monitoring procedures if a sponsor of
				centers;
(l) monitor training
				records if a sponsor of centers;
(m) a copy of the center's license, if the
				facility or institution is required to be licensed; and
(n) a copy of the health and fire inspection
				if the center is self-certified.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.6 - Enforcement › Rule 37.75.601 - ADMINISTRATIVE REVIEWS (APPEALS) AND FAIR HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (3), an institution
				may appeal an adverse administrative action through the department's Office of
				Fair Hearings pursuant to the procedures provided in ARM Title 37, chapter 5.
				Adverse administrative actions include:
(a)
				denial of the institution's application for participation;
(b) denial of an application submitted by a
				sponsor of centers on behalf of a facility;
(c) termination or suspension of an
				institution from participation in CACFP;
(d) denial of an institution's application
				for start up funds;
(e) denial of
				an institution's application for advance payment;
(f) denial of all or part of an institution's
				claim for reimbursement, provided the claim was submitted in a timely
				manner;
(g) denial by the state
				agency to forward to Food and Nutrition Services (FNS) of the USDA an exception
				request by the institution for payment of a late claim or a request for an
				upward adjustment to a claim; or
(h) demand for the remittance of an
				overpayment against an institution.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.6 - Enforcement › Rule 37.75.602 - CORRECTIVE ACTION PLAN

Current through Register Vol. 13, July 5, 2024
(1) An institution
				receiving notice that it is deficient in some aspect of the CACFP shall submit
				to the department a corrective action plan to correct the deficiency. The plan
				must be postmarked within 30 days of receipt of the deficiency notice provided
				by the department, or within such other timeframe as is set forth in the
				deficiency notice. Any institution that fails to submit a timely corrective
				action plan will be determined to be seriously deficient, or if the original
				notice stated the institution was seriously deficient, the institution may be
				subject to termination in accordance with the provisions set forth in
				7 CFR
				226.6.
(2) All corrective action plans are subject
				to review and approval by the department. If a corrective action plan is
				rejected by the department, a revised corrective action plan that addresses the
				deficiencies in the original plan must be submitted to the department no later
				than 15 calendar days from the date of receipt of the notice of rejection of
				the original plan. Any institution that fails to submit an amended corrective
				action plan within 15 calendar days of the receipt of the notice from the
				department shall be determined seriously deficient, and will be subject to
				termination from the program.
52-2-704,
					 MCA; IMP,
					 52-2-702,
					 52-2-704,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.75 - CHILD AND ADULT CARE FOOD PROGRAM › Subchapter 37.75.6 - Enforcement › Rule 37.75.603 - TERMINATION AND RE-ENROLLMENT OF A DAY CARE HOME PROVIDER

Current through Register Vol. 13, July 5, 2024
(1) When a sponsor terminates a day care home
				provider for cause, the sponsor must send to the department a copy of the
				termination letter that is sent to the provider. Upon receipt of this
				notification, the terminated provider's name will be added to the state list of
				terminated providers, sent to all day care home sponsors, and included on the
				national disqualified list.
(2) If
				a terminated provider wants to return to program participation, the provider
				must demonstrate to the satisfaction of the Montana CACFP that they have fully
				and permanently corrected the serious deficiency.
(3) An institution or provider terminating
				operations with the CACFP while under corrective action will still be placed on
				the national disqualified list as well as the state disqualified
				list.
52-2-704,
					 MCA; IMP,
					 52-2-702,
					 52-2-704,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.1 - Food Stamp Program › Rule 37.76.101 - FOOD STAMP PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The department
				of public health and human services hereby adopts and incorporates by reference
				7 CFR 271 through 275, as amended through December 31, 2001, which are the food
				stamp program regulations as adopted by the food and nutrition services, United
				States department of agriculture. These federal regulations set forth the food
				stamp program and include general information and definitions, requirements for
				participating state agencies, certification of eligible households, issuance
				and use of food coupons, performance reporting system and state agency
				liabilities and federal sanctions. A copy of 7 CFR 271 through 275, as amended
				through December 31, 2001, may be obtained from the Department of Public Health
				and Human Services, 111 N. Sanders, P.O. Box 4210, Helena, MT
				59604-4210.
Sec.
					 53-2-201
					 and
					 53-4-212,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-2-306,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.1 - Food Stamp Program › Rule 37.76.102 - FOOD STAMPS, DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Beginning
				month" means the first month for which the household is certified to receive
				food stamps. A beginning month cannot be any month which immediately follows a
				month in which the household was certified.
(2) "Budget month" means the calendar month
				from which the department uses income, household composition, and other
				financial information concerning the household to calculate the household's
				food stamp allotment for the corresponding benefit month.
(3) "Benefit month" means the calendar month
				for which the department issues a food stamp allotment.
(4) "Prospective budgeting" means the
				determination of a household's composition, income, and deductible expenses on
				the best estimate of income and circumstances which will exist in the benefit
				month.
Sec.
					 53-2-201,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-2-306,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.1 - Food Stamp Program › Rule 37.76.105 - FEDERALLY-DONATED FOODS

Current through Register Vol. 13, July 5, 2024
(1) Distribution of
				federally-donated foods shall be as follows:
(a) during temporary emergency situations
				when the secretary of the U.S. department of agriculture determines that
				commercial channels of food distribution have been disrupted;
(b) for such period of time as the secretary
				determines necessary to effect an orderly transition in an area in which the
				distribution of federally-donated foods to households is being replaced by a
				food stamp program; or,
(c) on
				request of the department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.1 - Food Stamp Program › Rule 37.76.110 - FOOD STAMPS, DETERMINING ELIGIBILITY FOR THE FOOD STAMP PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) Eligibility shall be determined on a
				prospective basis.
(2) Households
				anticipating changes in their circumstances which will make them ineligible
				shall be given written notice of denial or written notice of the closure of
				their certification.
Sec.
					 53-2-201,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-2-306,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.1 - Food Stamp Program › Rule 37.76.111 - FOOD STAMPS, DETERMINING ELIGIBILITY AND BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) All households shall have their
				eligibility and the amount of food stamps they are entitled to receive
				determined using prospective budgeting.
(2) Prospective budgeting means using the
				best estimate of income and other circumstances which will occur in a
				particular month to determine eligibility for that month and/or the amount of
				benefits for that month.
(3) Lease,
				royalty, and rental income which is received periodically but not on a monthly
				basis and which is expected to continue shall be determined based on the 12
				month period immediately prior to the month of application. The projected
				income shall be prorated over the current 12 month period. Once a cycle of
				income proration is established, it shall remain in effect for one year.
				However, if any portion of the prior period's income is expected to stop in the
				current period, then this portion shall not be considered as income in the
				current period.
Sec.
					 53-2-201,
					 MCA; IMP, Sec.
					 53-2-201
					 and
					 53-2-306,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.1 - Food Stamp Program › Rule 37.76.112 - FOOD STAMPS, DETERMINING WHEN ELIGIBILITY BEGINS

Current through Register Vol. 13, July 5, 2024
(1) Eligibility starts with the date a
				household applies for benefits. However, when a new member joins a
				participating household the eligibility of the new member will begin the month
				after the presence of the new member is reported. If the presence of the new
				member will result in increased benefits to the household, increased benefits
				cannot be issued for the month in which the new member is reported. However,
				increased benefits shall be issued:
(a)
				effective with the month after the new member is reported; and
(b) if the new member is reported after the
				20th of the month and it is too late to include the new member in the next
				month's issuance then a supplemental benefit for the new member will be issued
				by the 10th day of the next month.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.1 - Food Stamp Program › Rule 37.76.120 - FOOD STAMPS, CERTIFICATION PERIODS

Current through Register Vol. 13, July 5, 2024
(1)
				Households who are eligible for benefits shall be given certification periods
				of from 6 to 12 months except:
(a)
				self-employed households may be certified for less than 6 months in order to
				conform with the time when information about self-employment is available;
				and
(b) households who do not have
				a fixed residence in the county may be certified for from 1 to 6
				months.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.1 - Food Stamp Program › Rule 37.76.121 - FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) Participants in the food stamp employment
				and training program shall be reimbursed for costs of transportation or other
				costs that are reasonably necessary and directly related to participation in
				the program. The following reimbursement shall be provided to participants:
(a) Project work program:
(i) rates and types of reimbursement as found
				at ARM 46.25.731(6).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.1 - Food Stamp Program › Rule 37.76.122 - FOOD STAMPS, TRANSFER OF RESOURCES

Current through Register Vol. 13, July 5, 2024
(1)
				Households which have knowingly transferred resources for less than fair market
				value for the purpose of qualifying or attempting to qualify for food stamps
				shall be disqualified from receiving food stamps for a period of time
				determined in accordance with (4).
(a) This
				disqualification period shall apply only to transfers made in the 3-month
				period immediately preceding application or after the household is determined
				eligible for food stamps.
(b) There
				shall be no disqualification period if a transfer was made for a reason other
				than to qualify for food stamps, even if qualifying for food stamps was also
				one reason or the primary reason for the transfer.
(c) This transfer rule shall apply to
				transfers by any household member or by any ineligible alien or disqualified
				person whose resources are considered available to the household.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.2 - Food Distribution Program › Rule 37.76.201 - PLAN OF OPERATION

Current through Register Vol. 13, July 5, 2024
(1) The Food
				Distribution Program on Indian Reservations (FDPIR) will operate on the
				following Indian reservations at their option:
(a) Blackfeet;
(b) Flathead;
(c) Northern Cheyenne;
(d) Crow;
(e) Rocky Boy;
(f) Fort Belknap; and
(g) Fort Peck.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.2 - Food Distribution Program › Rule 37.76.202 - GENERAL ELIGIBILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Households that meet program eligibility requirements may be certified to
				participate in FDPIR for up to 12 months. Households in which all adult members
				are elderly or disabled may be certified to participate in FDPIR for up to 24
				months. Households cannot participate in FDPIR and the USDA Supplemental
				Nutrition Assistance Program (SNAP) in the same month.
(a) Assistance households that consist solely
				of members who are eligible for and receiving Temporary Assistance for Needy
				Families (TANF) or Supplemental Security Income (SSI) shall be eligible to
				receive donated foods upon application for certification without further
				investigation other than to determine the number of household members and that
				all members have been considered in granting such aid.
(b) Non-assistance households means any
				household in which one or more members do not participate in a public
				assistance program. Eligibility of non-assistance households to participate in
				FDPIR is determined using 7
				CFR §
											253.6,
				7 CFR §
											253.7, as amended through November 25, 2022,
				and the Food and Nutrition Service (FNS) Handbook 501, updated June 2, 2022.
				Copies of 7 CFR §
											253.6,
				7 CFR §
											253.7, and FNS Handbook 501 may be obtained
				from the Department of Public Health and Human Services, Human and Community
				Services Division, 1400 Carter Drive, P.O. Box 202956, Helena, MT
				59620-2956.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.2 - Food Distribution Program › Rule 37.76.203 - CERTIFICATION AND REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Applicant
				household eligibility and certification is determined according to
				7 CFR §
										253.6,
				7 CFR §
										253.7, as amended through November 25, 2022,
				and the FNS Handbook 501, updated June 2, 2022. Copies of
				7 CFR §
										253.6,
				7 CFR §
										253.7, and the FNS Handbook 501 may be
				obtained from the Department of Public Health and Human Services, Human and
				Community Services Division, 1400 Carter Drive, P.O. Box 202956, Helena, MT
				59620-2956.
(2) Households not
				recertified at the end of the time period shall be terminated until
				reapplication and redetermination of eligibility is made.
AUTH:
					 53-2-201, MCA; IMP:
					 50-49-102,
					 53-2-201,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.2 - Food Distribution Program › Rule 37.76.204 - FORMS USED FOR FOOD DISTRIBUTION

Current through Register Vol. 13, July 5, 2024
(1) Forms
				may be obtained at the local county FDPIR offices and from the Department of
				Public Health and Human Services, Human and Community Services Division, 1400
				Carter Drive, P.O. Box 202956, Helena, MT 59620-2956.
AUTH:
					 53-2-201, MCA; IMP:
					 50-49-102,
					 53-2-201,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.2 - Food Distribution Program › Rule 37.76.205 - INCOME ELIGIBILITY STANDARDS

Current through Register Vol. 13, July 5, 2024
(1)
				Income eligibility standards for participation in the FDPIR are determined
				according to FNS Handbook 501, Exhibit M for the contiguous United States. The
				department adopts and incorporates by reference FNS Handbook 501, Exhibit M
				FDPIR Net Monthly Income Standards based on household size revised May of 2022.
				Copies of the FNS Handbook 501, Exhibit M may be obtained from the Department
				of Public Health and Human Services, Human and Community Services Division,
				1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956.
AUTH:
					 53-2-201, MCA; IMP:
					 50-49-102,
					 53-2-201,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.76 - FOOD AND NUTRITION SERVICES › Subchapter 37.76.2 - Food Distribution Program › Rule 37.76.206 - RESOURCE LIMITATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 53-2-201, MCA; IMP:
					 53-2-306,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.1 - TANF General Provisions › Rule 37.78.101 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF): PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) These rules implement Montana's TANF
				program authorized under section 401 of the Social Security Act,
				42 USC
				601, et seq. The purpose of this project is
				to provide temporary assistance for needy families and to assist families in
				obtaining or advancing in their employment or finding alternatives to public
				assistance where employment is precluded by disability or other
				causes.
53-4-212,
					 MCA; IMP,
					 53-4-211,
					 53-4-601,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.1 - TANF General Provisions › Rule 37.78.102 - TANF: FEDERAL REGULATIONS ADOPTED BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) The TANF program shall be administered in
				accordance with the requirements of federal law governing temporary assistance
				for needy families as set forth in Title IV of the Social Security Act,
				42 USC
				601 et seq. (2012).
(2) The "Montana TANF Cash Assistance Manual"
				dated January 1, 2013 is adopted and incorporated by this reference. A copy of
				the Montana TANF Cash Assistance Manual is available for public viewing at each
				local Office of Public Assistance, and at the Department of Public Health and
				Human Services, Human and Community Services Division, 111 N. Jackson St., 5th
				Floor, P.O. Box 202925, Helena, MT 59620-2925. Manual updates are also
				available on the department's web site at www.dphhs.mt.gov [File Link Not
				Available].
53-4-212,
					 MCA; IMP,
					 53-4-211,
					 53-4-601,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.1 - TANF General Provisions › Rule 37.78.106 - TANF: SAFEGUARDING AND SHARING INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Use of information concerning applicants
				for or participants in TANF is restricted to purposes directly connected with
				the administration of TANF and other federally assisted programs which provide
				assistance to individuals on the basis of need.
(2) The department may use or share
				confidential information concerning an applicant for or participant in TANF,
				without notice or permission of the person for the following purposes:
(a) administration of TANF or any of the
				other federal programs listed in (4);
(b) reporting of child abuse and neglect to
				an appropriate agency or authority or responding to a request for information
				from an appropriate agency or authority investigating child abuse or
				neglect;
(c) the conduct of child
				support activities;
(d) for other
				purposes authorized by law; or
(e)
				notification of an appropriate person, authority or other entity that an
				applicant or participant is making threats to harm himself or herself or to
				harm others, in order to prevent or lessen the threatened harm.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.201 - TANF CASH ASSISTANCE TIME LIMITS

Current through Register Vol. 13, July 5, 2024
(1) A
				family is not eligible for TANF Cash Assistance if the family includes an adult
				who has received cash assistance in a program funded under the Temporary
				Assistance for Needy Families Block Grant in any state or states, including
				tribal programs, for 60 months or more, whether or not the months are
				consecutive, unless all adults in the filing unit qualify for TANF extended
				benefits. However, in calculating the number of months that an adult has
				received such assistance, the department shall not count any month when the
				person received assistance if during that month:
(a) the person was a minor child and was not
				the head of a household or married to the head of the household; or
(b) the person was an adult and lived within
				the exterior borders of an Indian reservation or an Alaskan native village
				where at least 50% of the adults were not employed.
(i) A person living within the exterior
				borders of an Indian reservation is considered to be living in Indian
				country.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.202 - TANF: CASH ASSISTANCE EXEMPTIONS TO TIME LIMITS

Current through Register Vol. 13, July 5, 2024
(1) Benefits under the TANF Cash Assistance
				Programs are time limited as provided in ARM
				37.78.201.
(2) Households may be eligible for TANF Cash
				Assistance when an adult household member has received 60 months of TANF Cash
				Assistance if each adult household member is in compliance with the Family
				Investment Agreement and each adult meets one of the following extension reason
				criteria:
(a) each adult household member is
				temporarily or permanently physically or mentally ill or physically or mentally
				incapacitated in a manner that prevents the household member from
				working;
(b) each adult household
				member is temporarily or permanently physically or mentally ill or physically
				or mentally incapacitated in a manner that prevents the household member from
				working as a result of domestic violence;
(c) each adult household member is required
				in the home full time as the primary caretaker of a person who is temporarily
				or permanently physically or mentally ill or physically or mentally
				incapacitated and no alternative care is available, and the person who needs
				care is either:
(i) a member of the filing
				unit; or
(ii) a person who would be
				a member of the filing unit if the person was eligible;
(d) the adult household member is presently
				attempting to resolve a current domestic violence situation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.206 - TANF: GENERAL ELIGIBILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in (2)(e), an application for TANF Cash Assistance must be
				made on behalf of a minor child as defined in ARM
				37.78.103.
(2) Subject to the restrictions set forth in
				ARM 37.78.220 and in (3), TANF Cash
				Assistance may be granted to the following classes of persons if they meet all
				other eligibility requirements:
(a) minor
				children as defined in ARM 37.78.103;
(b) specified caretaker relatives, as defined
				in ARM 37.78.103;
(c) stepparents
				of minor children who live with the child and with the child's natural or
				adoptive parent;
(d) minor children
				as defined in ARM
				37.78.103 who live in the home of
				a minor child and who are the child's siblings by blood, marriage, or adoption,
				including half brothers and half sisters and stepsiblings;
(e) pregnant women who have no other eligible
				children living with them, provided that they shall be eligible for cash
				assistance payments beginning the third month prior to the month in which the
				child is expected to be born.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.207 - TANF: LIVING WITH A SPECIFIED RELATIVE

Current through Register Vol. 13, July 5, 2024
(1)
				To be eligible for TANF Cash Assistance a child for whom application is made
				must be living with an adult related to the child by blood, marriage, or
				adoption who is within the fifth degree of kinship to the child as set forth in
				ARM 37.78.103. The child and adult
				relative must live together in a place of residence maintained as their home.
(a) A child who is visiting a noncustodial
				parent or is living with a parent who has joint custody but with whom the child
				resides less than one-half the time is not considered to be living with that
				parent for purposes of this rule.
(b) If a child spends equal amounts of time
				with both parents, both parents must be included in the child's assistance
				unit.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.208 - TANF: INCLUSION IN ASSISTANCE UNIT

Current through Register Vol. 13, July 5, 2024
(1) Except
				as provided in (5), the child for whom application is made must be included in
				the assistance unit. The child's income and resources will be counted in
				determining eligibility and benefit amount and the child's needs will be
				included in the grant.
(2) Except
				as provided in (5), any minor child, as defined at ARM
				37.78.103, who is related to the
				child described in (1) within the second degree of kinship or is a step
				relative within the same degree of kinship and who lives with the child and
				meets all other nonfinancial requirements for eligibility, including
				citizenship, must be included in the assistance unit. The minor child's income
				and resources will be counted in determining eligibility and benefit amount and
				the minor child's needs will be included in the grant.
(3) Except as provided in (5), the parent or
				parents of a minor child described in (1) or (2) who live with the child and
				meet all other nonfinancial requirements for eligibility, including
				citizenship, must be included in the assistance unit, regardless of whether the
				parents are married to each other. The parent's or parents' income and
				resources will be counted in determining eligibility and benefit amount and the
				parent's or parents' needs will be included in the grant.
(4) Except as provided in (5), the stepparent
				of a minor child described in (1) or (2) who lives with the child and the
				child's natural or adoptive parent must be included in the assistance unit if
				the stepparent meets all other nonfinancial requirements for eligibility
				including citizenship. The stepparent's income and resources will be counted in
				determining eligibility and benefit amount and the stepparent's needs will be
				included in the grant.
(a) A person who is
				married to the child's parent by means of either a ceremonial or common law
				marriage is a stepparent.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.215 - TANF: TANF CASH ASSISTANCE; CHILD SUPPORT SERVICES COOPERATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (2), in every TANF
				cash assistance case where one or both of the minor child's parents is absent
				from the home, the specified caretaker relative must:
(a) assign child and medical support rights,
				as defined in ARM
				37.78.103,
				to the department; and
(b)
				cooperate in establishing paternity and obtaining child or medical support, or
				both, subject to the exception for good cause provided in (3)(a) through
				(f).
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.216 - TANF: TANF CASH ASSISTANCE FIA/WORC EMPLOYABILITY PLAN (FIA/EP)

Current through Register Vol. 13, July 5, 2024
(1) The FIA/WoRC Employability Plan (FIA/EP)
				is a negotiated document listing eligibility requirements, allowable work
				activities as defined in ARM
				37.78.103 and
				37.78.807, and mutual obligations
				of the state and the participant regarding the course of action leading to the
				individual's employment and the number of hours and the time limits within
				which such activities and obligations shall be performed.
(a) The following individuals are required to
				negotiate and comply with a FIA/EP as a condition of eligibility in the TANF
				Cash Assistance Program or TANF Cash Assistance Post-Employment Program:
(i) natural or adoptive adult parents of a
				minor child in the household;
(ii)
				nonrecipient or disqualified individuals who are a natural or adoptive parent
				of a minor child in the household unless the nonrecipient or disqualified
				individual is:
(A) a minor parent who is not
				the head of a household or the spouse as a head of the household;
(B) an ineligible alien; or
(C) a recipient of Supplemental Security
				Income (SSI) benefits;
(iii) adult spouse of a natural or adoptive
				parent of a minor child in the household;
(iv) adult specified caretaker relative who
				has requested to be included in the assistance unit;
(v) minor children age 16 or 17 not attending
				school full-time;
(vi) teen parents
				not living independently and not attending school full-time;
(vii) teen parents who have been approved to
				live independently; and
(viii)
				minor parents.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.221 - TANF: RESIDENCY

Current through Register Vol. 13, July 5, 2024
(1) There is no
				durational residency requirement for TANF. Any resident of Montana who meets
				all other eligibility requirements may receive TANF.
53-2-201,
					 53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.222 - TANF: TANF CASH ASSISTANCE; DENIAL OF BENEFITS TO STRIKERS

Current through Register Vol. 13, July 5, 2024
(1) Participation in a strike does not
				constitute good cause to leave, or to refuse to seek or accept,
				employment.
(2) TANF cash
				assistance benefits will be denied to any family for any month in which any
				caretaker relative with whom the dependent child is living is, on the last day
				of the month, participating in a strike.
(3) No individual's needs will be included in
				determining the amount of benefit payable for any month to a family if, on the
				last day of such month, the individual is participating in a strike.
(4) A strike is defined as a temporary
				concerted stoppage of work by a group of employees (not necessarily members of
				a union) to express a grievance, enforce a demand for changes in the conditions
				of employment, obtain recognition, or resolve a dispute with management. Also
				included in this definition is a work stoppage by reason of the expiration of a
				collective bargaining agreement.
53-2-201,
					 53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.226 - TANF: TANF CASH ASSISTANCE; PLACE OF APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) Applications for TANF cash assistance may
				be made in any Office of Public Assistance in Montana on behalf of a minor
				child. When conditions preclude a person from visiting the Office of Public
				Assistance to make application, he shall have an opportunity to make
				application at a mutually agreed place, through a home visit by the worker or
				by mail.
53-2-201,
					 53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-233,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.227 - TANF: INVESTIGATION OF ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1)
				Investigations of eligibility will include securing information from the person
				applying for or receiving assistance and such other investigation as may be
				determined necessary by the department.
(2) If a case is selected for program
				compliance review for any program, the client must cooperate.
53-2-201,
					 53-4-212,
					 MCA; IMP,
					 53-2-201,
					 53-4-211,
					 53-4-233,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.228 - TANF: TANF CASH ASSISTANCE; INITIAL PAYMENT AND REDETERMINATION OF ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) The initial assistance payment will be
				issued in a prorated amount which includes the day upon which application was
				made and the remaining days of that month if the following criteria are met:
(a) the assistance unit does not include an
				individual as defined in ARM
				37.78.216 who is required to
				negotiate and comply with a FIA/EP as a condition of eligibility;
(b) the assistance unit includes an
				individual(s) as defined in ARM
				37.78.216 who is required to
				negotiate and comply with a FIA/EP and the negotiation of the FIA/EP indicates
				the required individual(s) has been referred to a Tribal NEW program for case
				management; or
(c) the assistance
				unit includes an individual(s) as defined in ARM
				37.78.216 who is required to
				negotiate and comply with a FIA/EP as a condition of eligibility, the
				individual(s) has been referred to the WoRC program for case management and the
				individual(s) has negotiated a WoRC Employability Plan within three working
				days from being referred to the WoRC program or has good cause as outlined in
				ARM 37.78.508 for failing to negotiate
				a WoRC employability plan within three working days of referral.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.4 - TANF Cash Assistance: Resources › Rule 37.78.402 - TANF: TREATMENT OF INCOME

Current through Register Vol. 13, July 5, 2024
(1) This rule
				governs the treatment of income for purposes of the TANF program.
(2) All available income of any member of the
				filing unit is counted in determining eligibility and benefit amount for TANF
				cash assistance, unless a specific provision elsewhere in this chapter provides
				that the income will be excluded, disregarded, or otherwise not counted. Income
				is considered available both when actually available and when the applicant or
				participant has a legal interest in it and the legal ability to make the income
				available for support and maintenance.
(3) Eligibility and grant amount for TANF
				cash assistance is determined for each benefit month. The assistance unit's
				future eligibility with regard to income and grant amount is determined by
				prospectively evaluating the income expected to be received by members of the
				filing unit in the month of application and future months. The department
				estimates total income to be received by the filing unit in the future based on
				their current circumstances and available information about changes in their
				circumstances reasonably anticipated to occur in the future.
(4) Income averaging may be used to determine
				monthly income if:
(a) income is paid during
				one month but is intended to cover a period of time which is greater than one
				month. The monthly amount would be computed by dividing the payment amount by
				the number of months the payment is intended to cover. An example would be an
				employee who receives a paycheck during only nine months of the year but whose
				salary is considered to be for a 12 month period; or
(b) income fluctuates significantly from
				month to month. An example would be an employee paid an hourly wage rather than
				a set salary whose hours of work vary from month to month.