Indiana 2022 Regular Session

Indiana Senate Bill SB0327 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 327
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-14; IC 12-15-2-0.5; IC 12-20-6-0.5.
7	7	Synopsis: TANF eligibility. Sets the income eligibility requirements
8	8	for the Temporary Assistance for Needy Families (TANF) program at
9	9	a specified percentage of the federal income poverty level. Requires the
10	10	division of family resources (division) to amend the state TANF plan
11	11	or take any other action necessary to implement the income
12	12	requirements. Increases certain payment amounts under the TANF
13	13	program. Requires the payments to be annually adjusted using the
14	14	Social Security cost of living adjustment rate, but provides that the total
15	15	adjustment in a year must be reduced to the extent the adjustment
16	16	would result in the transfer to the Child Care and Development Fund
17	17	grant program being less than the maximum allowable transfer under
18	18	federal law. Authorizes emergency rulemaking concerning the
19	19	payments. Repeals language regarding: (1) payments for a child born
20	20	more than 10 months after a family qualifies for assistance; (2) the
21	21	adoption of rules authorizing certain vouchers; (3) eligibility for child
22	22	support enforcement services; (4) encouraging a family that receives
23	23	assistance to receive family planning counseling; and (5) requiring the
24	24	division to apply a percentage reduction to the total needs of TANF
25	25	applicants and recipients in computing TANF benefits. Makes
26	26	conforming changes.
27	27	Effective: January 1, 2022 (retroactive); July 1, 2022; July 1, 2023.
28	28	Ford Jon
29	29	January 11, 2022, read first time and referred to Committee on Family and Children
30	30	Services.
31	31	2022 IN 327—LS 6261/DI 147 Introduced
32	32	Second Regular Session of the 122nd General Assembly (2022)
33	33	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
34	34	Constitution) is being amended, the text of the existing provision will appear in this style type,
35	35	additions will appear in this style type, and deletions will appear in this style type.
36	36	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
37	37	provision adopted), the text of the new provision will appear in this style type. Also, the
38	38	word NEW will appear in that style type in the introductory clause of each SECTION that adds
39	39	a new provision to the Indiana Code or the Indiana Constitution.
40	40	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
41	41	between statutes enacted by the 2021 Regular Session of the General Assembly.
42	42	SENATE BILL No. 327
43	43	A BILL FOR AN ACT to amend the Indiana Code concerning
44	44	human services.
45	45	Be it enacted by the General Assembly of the State of Indiana:
46	46	1 SECTION 1. IC 12-14-1-1, AS AMENDED BY P.L.174-2021,
47	47	2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48	48	3 JULY 1, 2023]: Sec. 1. (a) Assistance under TANF shall be given to a
49	49	4 dependent child who otherwise qualifies for assistance if the child is
50	50	5 living in a family home of a person who meets the income
51	51	6 requirements set forth in section 1.7 of this chapter and is:
52	52	7 (1) at least eighteen (18) years of age; and
53	53	8 (2) the child's relative, including:
54	54	9 (A) the child's mother, father, stepmother, stepfather,
55	55	10 grandmother, or grandfather; or
56	56	11 (B) a relative not listed in clause (A) who has custody of the
57	57	12 child.
58	58	13 (b) A parent or relative and a dependent child of the parent or
59	59	14 relative are not eligible for TANF assistance when the physical custody
60	60	15 of the dependent child was obtained for the purpose of establishing
61	61	16 TANF eligibility.
62	62	17 (c) Except as provided in IC 12-14-28-3.3, a person convicted of a
63	63	2022 IN 327—LS 6261/DI 147 2
64	64	1 felony under IC 35-43-5 relating to public relief or assistance fraud or
65	65	2 IC 35-48-4 is not eligible to receive assistance under TANF for ten (10)
66	66	3 years after the conviction.
67	67	4 (d) The assistance paid to a dependent child under this section may
68	68	5 not be affected by the conviction of a parent or an essential person of
69	69	6 the dependent child under subsection (c).
70	70	7 SECTION 2. IC 12-14-1-1.5, AS AMENDED BY P.L.128-2012,
71	71	8 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
72	72	9 JULY 1, 2023]: Sec. 1.5. (a) This section does not apply if the:
73	73	10 (1) dependent child does not have a living parent or legal
74	74	11 guardian;
75	75	12 (2) whereabouts of the dependent child's parent or legal guardian
76	76	13 are unknown;
77	77	14 (3) dependent child lived apart from the child's parent or legal
78	78	15 guardian for a period of at least one (1) year before either:
79	79	16 (A) the birth of the dependent child's child; or
80	80	17 (B) the dependent child's application for TANF;
81	81	18 (4) dependent child provides proof, and the division agrees, that
82	82	19 the physical health or safety of the dependent child or a child of
83	83	20 the dependent child would be jeopardized if the dependent child
84	84	21 or a child of the dependent child resides with the dependent
85	85	22 child's parent, legal guardian, or adult relative; or
86	86	23 (5) dependent child is less than eighteen (18) years of age and is
87	87	24 not married, but the dependent child or a child of the dependent
88	88	25 child:
89	89	26 (A) has been alleged or adjudicated a child in need of services
90	90	27 under IC 31-34 (or IC 31-6 before its repeal); or
91	91	28 (B) has been placed under the wardship or guardianship of the
92	92	29 department of child services.
93	93	30 (b) Except as provided in subsection (d), a dependent child who is
94	94	31 less than eighteen (18) years of age and is:
95	95	32 (1) not married; or
96	96	33 (2) married but not residing with or receiving support from a
97	97	34 spouse;
98	98	35 and meets the income requirements set forth in section 1.7 of this
99	99	36 chapter is entitled to assistance under TANF only if the dependent
100	100	37 child and any children of the dependent child reside with a parent, a
101	101	38 legal guardian, or an adult relative other than a parent or legal guardian
102	102	39 of the dependent child. A legal guardian or an adult relative not listed
103	103	40 in section 1(a)(2)(A) of this chapter must have custody of the child
104	104	41 under a court order.
105	105	42 (c) The assistance for an eligible dependent child and each child of
106	106	2022 IN 327—LS 6261/DI 147 3
107	107	1 an eligible dependent child as described in subsection (b) shall be
108	108	2 provided to the dependent child's parent, legal guardian, or other adult
109	109	3 relative based on the eligibility of the parent, legal guardian, or other
110	110	4 adult relative to receive assistance under TANF.
111	111	5 (d) This subsection applies to the parent of:
112	112	6 (1) a dependent child who has never married and who:
113	113	7 (A) has a child; or
114	114	8 (B) is pregnant; and
115	115	9 (2) a dependent child who has never married and is adjudicated
116	116	10 to be the father of a child.
117	117	11 The parent of a dependent child described in subdivision (1) or (2) is
118	118	12 financially responsible for the care of a child of the dependent child
119	119	13 until the dependent child becomes eighteen (18) years of age.
120	120	14 SECTION 3. IC 12-14-1-1.7 IS ADDED TO THE INDIANA CODE
121	121	15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
122	122	16 1, 2022]: Sec. 1.7. (a) The division shall, until June 30, 2023,
123	123	17 determine whether an individual is eligible for TANF assistance
124	124	18 based on the individual's amount of need set forth in 470
125	125	19 IAC 10.3-4-3 (as in effect on January 1, 2022).
126	126	20 (b) After June 30, 2023, a dependent child:
127	127	21 (1) who otherwise qualifies for assistance; and
128	128	22 (2) lives in the family home of an individual who has a gross
129	129	23 income of not more than sixteen percent (16%) of the federal
130	130	24 income poverty level;
131	131	25 is eligible for TANF assistance.
132	132	26 SECTION 4. IC 12-14-2-4.9 IS ADDED TO THE INDIANA CODE
133	133	27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
134	134	28 1, 2022]: Sec. 4.9. (a) The division may adopt emergency rules
135	135	29 under IC 4-22-2-37.1 to implement section 5 of this chapter. An
136	136	30 emergency rule adopted under this section expires on the earlier
137	137	31 of:
138	138	32 (1) one (1) year after the date on which the rule was accepted
139	139	33 for filing under IC 4-22-2-37.1(e); or
140	140	34 (2) June 30, 2023.
141	141	35 (b) This section expires July 1, 2023.
142	142	36 SECTION 5. IC 12-14-2-5 IS AMENDED TO READ AS
143	143	37 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 5. (a) Except as
144	144	38 provided in sections section 5.1 and 5.3 of this chapter and subject to
145	145	39 the adjustment described in subsection (b), the following apply to
146	146	40 the amount of need recognized and payment made under this chapter:
147	147	41 (1) The total amount of need recognized and payment made for a
148	148	42 dependent child, other than for medical expenses, for a calendar
149	149	2022 IN 327—LS 6261/DI 147 4
150	150	1 month may not exceed one two hundred fifty-five dollars ($155).
151	151	2 forty-eight dollars ($248).
152	152	3 (2) The total amount of need recognized and payment made to the
153	153	4 person essential to the well-being of the dependent child, other
154	154	5 than for medical expenses, for a calendar month may not exceed
155	155	6 one two hundred fifty-five dollars ($155). forty-eight dollars
156	156	7 ($248).
157	157	8 (3) The total amount of need recognized and payment made to
158	158	9 one (1) dependent child and to the person essential to the
159	159	10 well-being of the dependent child, other than for medical
160	160	11 expenses, for a calendar month may not exceed two four hundred
161	161	12 fifty-five dollars ($255). nine dollars ($409).
162	162	13 (4) If there is more than one (1) dependent child in the same
163	163	14 home, the total amount of need recognized and payment made,
164	164	15 other than for medical expenses, for a calendar month may not
165	165	16 exceed sixty-five one hundred four dollars ($65) ($104) for each
166	166	17 additional child and, if the second parent of the child is
167	167	18 incapacitated and is living in the home, the amount of need
168	168	19 recognized and payment made may not exceed sixty-five one
169	169	20 hundred four dollars ($65) ($104) for the benefit of the
170	170	21 incapacitated parent.
171	171	22 (b) The payment amounts specified in subsection (a) shall be
172	172	23 adjusted each year using the Social Security cost of living
173	173	24 adjustment rate. However, the total adjustment in a year shall be
174	174	25 reduced to the extent that the adjustment would result in the
175	175	26 transfer to the Child Care and Development Fund (CCDF) grant
176	176	27 program being less than the maximum allowable transfer under
177	177	28 federal law.
178	178	29 SECTION 6. IC 12-14-2-5.1, AS AMENDED BY P.L.153-2011,
179	179	30 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
180	180	31 JULY 1, 2023]: Sec. 5.1. (a) Subject to section 5.2 of this chapter, a
181	181	32 parent or an essential person may not receive payments if the person
182	182	33 has received assistance under this article during the person's lifetime
183	183	34 for twenty-four (24) months after June 30, 1995.
184	184	35 (b) A family receiving TANF under section 5 of this chapter
185	185	36 remains eligible to receive TANF services, including access to the Title
186	186	37 IV-D child support enforcement program and the IMPACT (JOBS)
187	187	38 program, when the family's applicable amount of need or income is
188	188	39 greater than the amount of need recognized or income eligibility under
189	189	40 section 5 of this chapter, IC 12-14-1-1.7, but the family's gross income
190	190	41 is less than one hundred percent (100%) of the federal income poverty
191	191	42 level.
192	192	2022 IN 327—LS 6261/DI 147 5
193	193	1 (c) A recipient family shall receive a cash assistance benefit under
194	194	2 the TANF program of at least ten dollars ($10) if:
195	195	3 (1) the family's applicable amount of need or income is greater
196	196	4 than the amount of need recognized under section 5 of this
197	197	5 chapter; or the income eligibility specified in IC 12-14-1-1.7;
198	198	6 (2) the family's gross income is less than one hundred percent
199	199	7 (100%) of the federal income poverty level; and
200	200	8 (3) a parent or essential person receiving assistance has
201	201	9 employment earnings.
202	202	10 SECTION 7. IC 12-14-2-5.3 IS REPEALED [EFFECTIVE
203	203	11 JANUARY 1, 2022 (RETROACTIVE)]. Sec. 5.3. (a) This section does
204	204	12 not apply to a dependent child:
205	205	13 (1) who is the firstborn of a child less than eighteen (18) years of
206	206	14 age who is included in a TANF assistance group when the child
207	207	15 becomes a first time minor parent (including all children in the
208	208	16 case of a multiple birth); or
209	209	17 (2) who was conceived in a month the family was not receiving
210	210	18 TANF assistance.
211	211	19 (b) Except as provided in subsection (c), after July 1, 1995, an
212	212	20 additional payment (other than for medical expenses payable under
213	213	21 IC 12-15) may not be made for a dependent child who is born more
214	214	22 than ten (10) months after the date the family qualifies for assistance
215	215	23 under this article.
216	216	24 (c) The division may adopt rules under IC 4-22-2 that authorize a
217	217	25 voucher for goods and services related to child care that do not exceed
218	218	26 one-half (1/2) of the assistance that a dependent child described in
219	219	27 subsection (b) would otherwise receive under section 5 of this chapter.
220	220	28 (d) A dependent child described in subsection (b) is eligible for all
221	221	29 child support enforcement services provided in IC 31-25.
222	222	30 (e) Families receiving TANF assistance are encouraged to receive
223	223	31 family planning counseling.
224	224	32 SECTION 8. IC 12-14-2-9 IS REPEALED [EFFECTIVE JULY 1,
225	225	33 2023]. Sec. 9. The division shall apply a percentage reduction of ninety
226	226	34 percent (90%) to the total needs of TANF applicants and recipients in
227	227	35 computing the TANF benefits payable.
228	228	36 SECTION 9. IC 12-14-2-21, AS AMENDED BY P.L.174-2021,
229	229	37 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
230	230	38 JANUARY 1, 2022 (RETROACTIVE)]: Sec. 21. (a) A TANF recipient
231	231	39 or the parent or essential person of a TANF recipient, if the TANF
232	232	40 recipient is less than eighteen (18) years of age, must sign a personal
233	233	41 responsibility agreement to do the following:
234	234	42 (1) Develop an individual self-sufficiency plan with other family
235	235	2022 IN 327—LS 6261/DI 147 6
236	236	1 members and a caseworker.
237	237	2 (2) Accept any reasonable employment as soon as it becomes
238	238	3 available.
239	239	4 (3) Agree to a loss of assistance, including TANF assistance
240	240	5 under this article, if convicted of a felony under IC 35-43-5 for
241	241	6 fraud relating to Medicaid or public relief or assistance for ten
242	242	7 (10) years after the conviction.
243	243	8 (4) Subject to section 5.3 of this chapter, Understand that
244	244	9 additional TANF assistance under this article will not be available
245	245	10 for a child born more than ten (10) months after the person
246	246	11 qualifies for assistance.
247	247	12 (5) Accept responsibility for ensuring that each child of the
248	248	13 person receives all appropriate vaccinations against disease at an
249	249	14 appropriate age.
250	250	15 (6) If the person is less than eighteen (18) years of age and is a
251	251	16 parent, live with the person's parents, legal guardian, or an adult
252	252	17 relative other than a parent or legal guardian in order to receive
253	253	18 public assistance.
254	254	19 (7) Subject to IC 12-8-1.5-11 and section 5.1 of this chapter,
255	255	20 agree to accept assistance for not more than twenty-four (24)
256	256	21 months under the TANF program (IC 12-14).
257	257	22 (8) Be available for and actively seek and maintain employment.
258	258	23 (9) Participate in any training program required by the division.
259	259	24 (10) Accept responsibility for ensuring that the person and each
260	260	25 child of the person attend school until the person and each child
261	261	26 of the person graduate from high school or attain a high school
262	262	27 equivalency certificate (as defined in IC 12-14-5-2).
263	263	28 (11) Raise the person's children in a safe, secure home.
264	264	29 (12) Agree not to abuse illegal drugs or other substances that
265	265	30 would interfere with the person's ability to attain self-sufficiency.
266	266	31 (b) Except as provided in subsection (c), assistance under the TANF
267	267	32 program shall be withheld or denied to a person who does not fulfill the
268	268	33 requirements of the personal responsibility agreement under subsection
269	269	34 (a).
270	270	35 (c) A person who is granted an exemption under section 23 of this
271	271	36 chapter may be excused from specific provisions of the personal
272	272	37 responsibility agreement as determined by the director.
273	273	38 SECTION 10. IC 12-14-2-23, AS AMENDED BY P.L.130-2018,
274	274	39 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
275	275	40 JULY 1, 2023]: Sec. 23. (a) This section applies only to a person's
276	276	41 eligibility for assistance under section 5.1 of this chapter.
277	277	42 (b) As used in this section, "school" means a program resulting in
278	278	2022 IN 327—LS 6261/DI 147 7
279	279	1 high school graduation.
280	280	2 (c) Due to extraordinary circumstances, a person who is the parent
281	281	3 of a dependent child, an essential person, or a dependent child may
282	282	4 apply, in a manner prescribed by the division, for an exemption from
283	283	5 the requirements of this chapter if the person can document that the
284	284	6 person has complied with the personal responsibility agreement under
285	285	7 section 21 of this chapter and the person demonstrates any of the
286	286	8 following:
287	287	9 (1) The person has a substantial physical or mental disability that
288	288	10 prevents the person from obtaining or participating in gainful
289	289	11 employment.
290	290	12 (2) The person is a minor parent who is in school full time and
291	291	13 who has a dependent child.
292	292	14 (3) The person is a minor parent who is enrolled full time in an
293	293	15 educational program culminating in a high school equivalency
294	294	16 certificate and who has a dependent child.
295	295	17 A person seeking an exemption under this section must show
296	296	18 documentation to the division to substantiate the person's claim for an
297	297	19 exemption under subdivision (1), (2), or (3).
298	298	20 (d) After receiving an application for exemption from a parent, an
299	299	21 essential person, or a dependent child under subsection (c), the division
300	300	22 shall investigate and determine if the parent, essential person, or
301	301	23 dependent child qualifies for an exemption from this chapter. The
302	302	24 director shall make a final determination regarding:
303	303	25 (1) whether to grant an exemption;
304	304	26 (2) the length of an exemption, if granted, subject to subsection
305	305	27 (f); and
306	306	28 (3) the extent of an exemption, if granted.
307	307	29 (e) If the director determines that a parent, an essential person, or a
308	308	30 dependent child qualifies for an exemption under this chapter, the
309	309	31 parent, essential person, or dependent child is entitled to receive one
310	310	32 hundred percent (100%) of the payments that the parent, essential
311	311	33 person, or dependent child is entitled to receive under section 5 of this
312	312	34 chapter, subject to any ratable reduction.
313	313	35 (f) An exemption granted under this section may not exceed one (1)
314	314	36 year, but may be renewed.
315	315	37 (g) The division shall publish the number and type of exemptions
316	316	38 granted under this section on the division's Internet web site.
317	317	39 (h) The division may adopt rules under IC 4-22-2 to carry out this
318	318	40 section.
319	319	41 SECTION 11. IC 12-15-2-0.5, AS AMENDED BY P.L.160-2012,
320	320	42 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
321	321	2022 IN 327—LS 6261/DI 147 8
322	322	1 JANUARY 1, 2022 (RETROACTIVE)]: Sec. 0.5. (a) This section
323	323	2 applies to a person who qualifies for assistance:
324	324	3 (1) under sections 13 through 16 of this chapter;
325	325	4 (2) under section 6 of this chapter (before its expiration) when
326	326	5 the person becomes ineligible for medical assistance under
327	327	6 IC 12-14-2-5.1; or IC 12-14-2-5.3; or
328	328	7 (3) as an individual with a disability if the person is less than
329	329	8 eighteen (18) years of age and otherwise qualifies for assistance.
330	330	9 (b) Notwithstanding any other law, the following may not be
331	331	10 construed to limit health care assistance to a person described in
332	332	11 subsection (a):
333	333	12 (1) IC 12-8-1.5-12.
334	334	13 (2) IC 12-14-1-1.
335	335	14 (3) IC 12-14-1-1.5.
336	336	15 (4) IC 12-14-2-5.1.
337	337	16 (5) IC 12-14-2-5.2.
338	338	17 (6) IC 12-14-2-5.3.
339	339	18 (7) (6) IC 12-14-2-17.
340	340	19 (8) (7) IC 12-14-2-18.
341	341	20 (9) (8) IC 12-14-2-20.
342	342	21 (10) (9) IC 12-14-2-21.
343	343	22 (11) (10) IC 12-14-2-24.
344	344	23 (12) (11) IC 12-14-2-25.
345	345	24 (13) (12) IC 12-14-2-26.
346	346	25 (14) (13) IC 12-14-2.5.
347	347	26 (15) (14) IC 12-14-5.5.
348	348	27 (16) (15) Section 21 of this chapter.
349	349	28 SECTION 12. IC 12-20-6-0.5, AS AMENDED BY P.L.174-2021,
350	350	29 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
351	351	30 JANUARY 1, 2022 (RETROACTIVE)]: Sec. 0.5. (a) As used in this
352	352	31 section, "member of the applicant's household" includes any person
353	353	32 who lives in the same residence as the applicant.
354	354	33 (b) The township trustee shall determine whether an applicant or a
355	355	34 member of the applicant's household has been denied assistance under
356	356	35 IC 12-14-1-1, IC 12-14-1-1.5, IC 12-14-2-5.1, IC 12-14-2-5.3,
357	357	36 IC 12-14-2-18, IC 12-14-2-20, IC 12-14-2-21, IC 12-14-2-24,
358	358	37 IC 12-14-2-26, IC 12-14-2.5, or IC 12-14-5.5.
359	359	38 (c) A township trustee has no obligation to extend aid to an
360	360	39 applicant or to a member of an applicant's household who has been
361	361	40 denied assistance as described in subsection (b).
362	362	41 (d) A township trustee shall not extend aid to an applicant or to a
363	363	42 member of an applicant's household if the applicant or the member of
364	364	2022 IN 327—LS 6261/DI 147 9
365	365	1 the applicant's household has been convicted of an offense under
366	366	2 IC 35-43-5 concerning fraud relating to Medicaid or public relief or
367	367	3 assistance as follows:
368	368	4 (1) If the conviction is a misdemeanor, a township trustee shall
369	369	5 not extend aid to the applicant or the member of the applicant's
370	370	6 household for one (1) year after the conviction.
371	371	7 (2) If the conviction is a felony, a township trustee shall not
372	372	8 extend aid to the applicant or the member of the applicant's
373	373	9 household for ten (10) years after the conviction.
374	374	10 SECTION 13. An emergency is declared for this act.
375	375	2022 IN 327—LS 6261/DI 147