Indiana 2023 Regular Session

Indiana Senate Bill SB0265 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0265.3
	2	+	Digest Correction
	3	+	March 30, 2023
	4	+	ENGROSSED
	5	+	SENATE BILL No. 265
	6	+	_____
	7	+	DIGEST OF SB 265 (Updated April 4, 2023 2:45 pm - DI 134)
	8	+	Citations Affected: IC 12-14; IC 12-15; IC 12-20; noncode.
	9	+	Synopsis: TANF eligibility. Sets the income eligibility requirements
	10	+	for the Temporary Assistance for Needy Families (TANF) program at
	11	+	a specified percentage of the federal income poverty level. Requires the
	12	+	division of family resources (division) to amend the state TANF plan
	13	+	or take any other action necessary to implement the income
	14	+	requirements. Increases certain payment amounts nder the TANF
	15	+	program. Repeals provisions: (1) regarding TANF eligibility of a child
	16	+	(Continued next page)
	17	+	Effective: Upon passage; January 1, 2022 (retroactive); July 1, 2023;
	18	+	July 1, 2024.
	19	+	Ford Jon, Walker G, Becker,
	20	+	Ford J.D., Breaux, Bassler, Donato
	21	+	(HOUSE SPONSORS — CLERE, PFAFF)
	22	+	January 11, 2023, read first time and referred to Committee on Family and Children
	23	+	Services.
	24	+	January 23, 2023, amended, reported favorably — Do Pass.
	25	+	January 26, 2023, read second time, ordered engrossed. Engrossed.
	26	+	January 30, 2023, read third time, passed. Yeas 45, nays 0.
	27	+	HOUSE ACTION
	28	+	February 28, 2023, read first time and referred to Committee on Family, Children and
	29	+	Human Affairs.
	30	+	March 16, 2023, reported — Do Pass. Referred to Committee on Ways and Means
	31	+	pursuant to Rule 127.
	32	+	March 30, 2023, amended, reported — Do Pass.
	33	+	ES 265—LS 6563/DI 148 Digest Continued
	34	+	born more than 10 months after the child's family qualifies for TANF
	35	+	assistance; (2) encouraging a family that receives TANF assistance to
	36	+	receive family planning counseling; and (3) requiring the division to
	37	+	apply a percentage reduction to the total needs of TANF applicants and
	38	+	recipients in computing TANF benefits. Provides that TANF assistance
	39	+	shall be provided to a woman who: (1) is pregnant at the time an
	40	+	application for assistance is filed; and (2) meets the income
	41	+	requirements. Requires the office of the secretary of family and social
	42	+	services to calculate and report to the legislative council, by December
	43	+	1 of every even-numbered year, the amounts that would result if certain
	44	+	payment amounts were adjusted each year using the Social Security
	45	+	cost of living adjustment rate. Makes conforming changes.
	46	+	ES 265—LS 6563/DI 148ES 265—LS 6563/DI 148 Digest Correction
	47	+	March 30, 2023
1	48		First Regular Session of the 123rd General Assembly (2023)
2	49		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	50		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	51		additions will appear in this style type, and deletions will appear in this style type.
5	52		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	53		provision adopted), the text of the new provision will appear in this style type. Also, the
7	54		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	55		a new provision to the Indiana Code or the Indiana Constitution.
9	56		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	57		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 265
12		-	AN ACT to amend the Indiana Code concerning human services.
	58	+	ENGROSSED
	59	+	SENATE BILL No. 265
	60	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	61	+	human services.
13	62		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 12-14-1-1, AS AMENDED BY P.L.83-2022,
15		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 1. (a) Assistance under TANF shall be given to a
17		-	dependent child who otherwise qualifies for assistance if the child is
18		-	living in a family home of a person who meets the income
19		-	requirements set forth in section 1.7 of this chapter and is:
20		-	(1) at least eighteen (18) years of age; and
21		-	(2) the child's relative, including:
22		-	(A) the child's mother, father, stepmother, stepfather,
23		-	grandmother, or grandfather; or
24		-	(B) a relative not listed in clause (A) who has custody of the
25		-	child.
26		-	(b) A TANF assistance group that has qualified for and is receiving
27		-	assistance under TANF does not cease to qualify for assistance under
28		-	TANF due solely to an increase in the value of the resources of the
29		-	TANF assistance group so long as the resources of the TANF
30		-	assistance group are valued at not more than ten thousand dollars
31		-	($10,000).
32		-	(c) A parent or relative and a dependent child of the parent or
33		-	relative are not eligible for TANF assistance when the physical custody
34		-	of the dependent child was obtained for the purpose of establishing
35		-	TANF eligibility.
36		-	(d) Except as provided in IC 12-14-28-3.3, a person convicted of a
37		-	SEA 265 — Concur 2
38		-	felony under IC 35-43-5 relating to public relief or assistance fraud or
39		-	IC 35-48-4 is not eligible to receive assistance under TANF for ten (10)
40		-	years after the conviction.
41		-	(e) The assistance paid to a dependent child under this section may
42		-	not be affected by the conviction of a parent or an essential person of
43		-	the dependent child under subsection (d).
44		-	(f) Assistance under TANF shall be given to a woman who:
	63	+	1 SECTION 1. IC 12-14-1-1, AS AMENDED BY P.L.83-2022,
	64	+	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	65	+	3 JULY 1, 2024]: Sec. 1. (a) Assistance under TANF shall be given to a
	66	+	4 dependent child who otherwise qualifies for assistance if the child is
	67	+	5 living in a family home of a person who meets the income
	68	+	6 requirements set forth in section 1.7 of this chapter and is:
	69	+	7 (1) at least eighteen (18) years of age; and
	70	+	8 (2) the child's relative, including:
	71	+	9 (A) the child's mother, father, stepmother, stepfather,
	72	+	10 grandmother, or grandfather; or
	73	+	11 (B) a relative not listed in clause (A) who has custody of the
	74	+	12 child.
	75	+	13 (b) A TANF assistance group that has qualified for and is receiving
	76	+	14 assistance under TANF does not cease to qualify for assistance under
	77	+	15 TANF due solely to an increase in the value of the resources of the
	78	+	16 TANF assistance group so long as the resources of the TANF
	79	+	17 assistance group are valued at not more than ten thousand dollars
	80	+	ES 265—LS 6563/DI 148 2
	81	+	1 ($10,000).
	82	+	2 (c) A parent or relative and a dependent child of the parent or
	83	+	3 relative are not eligible for TANF assistance when the physical custody
	84	+	4 of the dependent child was obtained for the purpose of establishing
	85	+	5 TANF eligibility.
	86	+	6 (d) Except as provided in IC 12-14-28-3.3, a person convicted of a
	87	+	7 felony under IC 35-43-5 relating to public relief or assistance fraud or
	88	+	8 IC 35-48-4 is not eligible to receive assistance under TANF for ten (10)
	89	+	9 years after the conviction.
	90	+	10 (e) The assistance paid to a dependent child under this section may
	91	+	11 not be affected by the conviction of a parent or an essential person of
	92	+	12 the dependent child under subsection (d).
	93	+	13 (f) Assistance under TANF shall be given to a woman who:
	94	+	14 (1) is pregnant at the time an application for assistance is
	95	+	15 filed; and
	96	+	16 (2) meets the income requirements set forth in section 1.7 of
	97	+	17 this chapter.
	98	+	18 SECTION 2. IC 12-14-1-1.5, AS AMENDED BY P.L.128-2012,
	99	+	19 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	100	+	20 JULY 1, 2024]: Sec. 1.5. (a) This section does not apply if the:
	101	+	21 (1) dependent child does not have a living parent or legal
	102	+	22 guardian;
	103	+	23 (2) whereabouts of the dependent child's parent or legal guardian
	104	+	24 are unknown;
	105	+	25 (3) dependent child lived apart from the child's parent or legal
	106	+	26 guardian for a period of at least one (1) year before either:
	107	+	27 (A) the birth of the dependent child's child; or
	108	+	28 (B) the dependent child's application for TANF;
	109	+	29 (4) dependent child provides proof, and the division agrees, that
	110	+	30 the physical health or safety of the dependent child or a child of
	111	+	31 the dependent child would be jeopardized if the dependent child
	112	+	32 or a child of the dependent child resides with the dependent
	113	+	33 child's parent, legal guardian, or adult relative; or
	114	+	34 (5) dependent child is less than eighteen (18) years of age and is
	115	+	35 not married, but the dependent child or a child of the dependent
	116	+	36 child:
	117	+	37 (A) has been alleged or adjudicated a child in need of services
	118	+	38 under IC 31-34 (or IC 31-6 before its repeal); or
	119	+	39 (B) has been placed under the wardship or guardianship of the
	120	+	40 department of child services.
	121	+	41 (b) Except as provided in subsection (d), a dependent child who is
	122	+	42 less than eighteen (18) years of age and is:
	123	+	ES 265—LS 6563/DI 148 3
	124	+	1 (1) not married; or
	125	+	2 (2) married but not residing with or receiving support from a
	126	+	3 spouse;
	127	+	4 and meets the income requirements set forth in section 1.7 of this
	128	+	5 chapter is entitled to assistance under TANF only if the dependent
	129	+	6 child and any children of the dependent child reside with a parent, a
	130	+	7 legal guardian, or an adult relative other than a parent or legal guardian
	131	+	8 of the dependent child. A legal guardian or an adult relative not listed
	132	+	9 in section 1(a)(2)(A) of this chapter must have custody of the child
	133	+	10 under a court order.
	134	+	11 (c) The assistance for an eligible dependent child and each child of
	135	+	12 an eligible dependent child as described in subsection (b) shall be
	136	+	13 provided to the dependent child's parent, legal guardian, or other adult
	137	+	14 relative based on the eligibility of the parent, legal guardian, or other
	138	+	15 adult relative to receive assistance under TANF.
	139	+	16 (d) This subsection applies to the parent of:
	140	+	17 (1) a dependent child who has never married and who:
	141	+	18 (A) has a child; or
	142	+	19 (B) is pregnant; and
	143	+	20 (2) a dependent child who has never married and is adjudicated
	144	+	21 to be the father of a child.
	145	+	22 The parent of a dependent child described in subdivision (1) or (2) is
	146	+	23 financially responsible for the care of a child of the dependent child
	147	+	24 until the dependent child becomes eighteen (18) years of age.
	148	+	25 SECTION 3. IC 12-14-1-1.7 IS ADDED TO THE INDIANA CODE
	149	+	26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	150	+	27 1, 2023]: Sec. 1.7. (a) The division shall, before July 1, 2025,
	151	+	28 determine whether an individual is eligible for TANF assistance
	152	+	29 based on the individual's amount of need set forth in 470
	153	+	30 IAC 10.3-4-3 (as in effect on January 1, 2022).
	154	+	31 (b) After June 30, 2025, and before July 1, 2027, a dependent
	155	+	32 child or a woman described in section 1(f) of this chapter who:
	156	+	33 (1) otherwise qualifies for assistance; and
	157	+	34 (2) is part of an assistance group that has a gross income that
	158	+	35 is not more than thirty-five (35%) percent of the federal
	159	+	36 income poverty level;
	160	+	37 is eligible for TANF assistance.
	161	+	38 (c) After June 30, 2027, a dependent child or a woman described
	162	+	39 in section 1(f) of this chapter who:
	163	+	40 (1) otherwise qualifies for assistance; and
	164	+	41 (2) is part of an assistance group that has a gross income that
	165	+	42 is not more than fifty (50%) percent of the federal income
	166	+	ES 265—LS 6563/DI 148 4
	167	+	1 poverty level;
	168	+	2 is eligible for TANF assistance.
	169	+	3 (d) The division shall amend the state TANF plan or take any
	170	+	4 other action necessary to implement this section.
	171	+	5 SECTION 4. IC 12-14-1-2 IS AMENDED TO READ AS
	172	+	6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. An application for
	173	+	7 a dependent child under this article, or for a woman described in
	174	+	8 section 1(f) of this chapter, must be made to the county office of the
	175	+	9 county where the dependent child or woman resides.
	176	+	10 SECTION 5. IC 12-14-1-3 IS AMENDED TO READ AS
	177	+	11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. An application must
	178	+	12 meet the following conditions:
	179	+	13 (1) Be in writing.
	180	+	14 (2) Be made in the manner and upon the form required by the
	181	+	15 division.
	182	+	16 (3) Be made and verified by the oath of the parent or guardian of
	183	+	17 the dependent child or another person standing in loco parentis to
	184	+	18 the dependent child, or, in the case of an application made by
	185	+	19 a woman described in section 1(f) of this chapter, by the
	186	+	20 woman making the application.
	187	+	21 (4) Contain the age and residence of the child or, in the case of
	188	+	22 a woman described in section 1(f) of this chapter, the length
	189	+	23 of the woman's pregnancy at the time of application, and any
	190	+	24 information required by rules adopted under IC 4-22-2 by the
	191	+	25 director of the division.
	192	+	26 (5) Contain a notice that, if the application is approved and
	193	+	27 assistance is granted, the applicant's signature on the application
	194	+	28 assigns the applicant's right to:
	195	+	29 (A) accrued;
	196	+	30 (B) present; and
	197	+	31 (C) pending;
	198	+	32 support payments to the agency of the state responsible for
	199	+	33 administering Title IV-D of the federal Social Security Act.
	200	+	34 SECTION 6. IC 12-14-1-6 IS AMENDED TO READ AS
	201	+	35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) Whenever the
	202	+	36 county office receives:
	203	+	37 (1) notification of the dependency of a child; or
	204	+	38 (2) an application for assistance;
	205	+	39 an investigation and record shall promptly be made of the
	206	+	40 circumstances of the child to determine the dependency of the child or
	207	+	41 a woman described in section 1(f) of this chapter, the facts
	208	+	42 supporting the application made under this article, and other
	209	+	ES 265—LS 6563/DI 148 5
	210	+	1 information required by rules adopted under IC 4-22-2 by the director
	211	+	2 of the division.
	212	+	3 (b) The investigation may include a visit to the home of the child
	213	+	4 and the person who will have the custody of the child during the time
	214	+	5 assistance is granted.
	215	+	6 SECTION 7. IC 12-14-1-8 IS ADDED TO THE INDIANA CODE
	216	+	7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	217	+	8 UPON PASSAGE]: Sec. 8. The division may adopt rules under
	218	+	9 IC 4-22-2 to implement and carry out this article.
	219	+	10 SECTION 8. IC 12-14-2-1, AS AMENDED BY P.L.83-2022,
	220	+	11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	221	+	12 JULY 1, 2024]: Sec. 1. (a) After the investigation under IC 12-14-1-6,
	222	+	13 the county office shall decide the following:
	223	+	14 (1) Whether the child or woman described in IC 12-14-1-1(f) is
	224	+	15 eligible for assistance under this article.
	225	+	16 (2) The amount of assistance.
	226	+	17 (3) The date assistance begins.
	227	+	18 (b) The county office may not consider:
	228	+	19 (1) money in an individual development account under IC 4-4-28
	229	+	20 that belongs to the child or woman described in IC 12-14-1-1(f),
	230	+	21 or a member of the child's or woman's family;
	231	+	22 (2) the value of the real property that is the child's or woman's
	232	+	23 primary residence;
	233	+	24 (3) twenty thousand dollars ($20,000) of total equity value (as
	234	+	25 defined in 470 IAC 10.3-4-2) in motor vehicles that belong to one
	235	+	26 (1) or more members of the child's or woman's family;
	236	+	27 (4) a Holocaust victim's settlement payment received by the child,
	237	+	28 woman described in IC 12-14-1-1(f), or a member of the child's
	238	+	29 or woman's family; or
	239	+	30 (5) money earned by the child, woman described in
	240	+	31 IC 12-14-1-1(f), or a member of the child's or woman's family as
	241	+	32 a student participating in:
	242	+	33 (A) a paid internship;
	243	+	34 (B) a work based learning course (as defined in
	244	+	35 IC 20-43-8-0.7); or
	245	+	36 (C) paid postsecondary work experience that allows the
	246	+	37 individual to apply for a related apprenticeship (as defined by
	247	+	38 IC 20-43-8-0.3);
	248	+	39 when determining whether the individual is eligible for assistance
	249	+	40 under this article.
	250	+	41 SECTION 9. IC 12-14-2-3, AS AMENDED BY P.L.168-2021,
	251	+	42 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	252	+	ES 265—LS 6563/DI 148 6
	253	+	1 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), when
	254	+	2 determining the amount of assistance, an accounting must be taken of
	255	+	3 any income or property of the child or woman described in
	256	+	4 IC 12-14-1-1(f) that the child or woman may receive from another
	257	+	5 source.
	258	+	6 (b) The following may not be considered as income or property of
	259	+	7 the child or woman described in IC 12-14-1-1(f) when determining
	260	+	8 the amount of assistance for the child:
	261	+	9 (1) Money in an individual development account established
	262	+	10 under IC 4-4-28 that belongs to a child, a woman described in
	263	+	11 IC 12-14-1-1(f), or a member of the child's or woman's family.
	264	+	12 (2) A Holocaust victim's settlement payment received by the
	265	+	13 child, a woman described in IC 12-14-1-1(f), or a member of the
	266	+	14 child's or woman's family.
	267	+	15 (3) Money earned by the child, a woman described in
	268	+	16 IC 12-14-1-1(f), or a member of the child's or woman's family as
	269	+	17 a student participating in:
	270	+	18 (A) a paid internship;
	271	+	19 (B) a work based learning course (as defined in
	272	+	20 IC 20-43-8-0.7); or
	273	+	21 (C) paid postsecondary work experience that allows the
	274	+	22 individual to apply for a related apprenticeship (as defined by
	275	+	23 IC 20-43-8-0.3).
	276	+	24 (4) Annual income of up to fifteen thousand dollars ($15,000) that
	277	+	25 is earned by an individual in the child's household or the
	278	+	26 household of a woman described in IC 12-14-1-1(f), if the
	279	+	27 income is earned by an individual who:
	280	+	28 (A) resides in the household;
	281	+	29 (B) is less than twenty-four (24) years of age; and
	282	+	30 (C) earns the additional annual income while the individual is
	283	+	31 a student participating in or pursuing:
	284	+	32 (i) a postsecondary degree;
	285	+	33 (ii) a workforce certificate;
	286	+	34 (iii) a pre-apprenticeship; or
	287	+	35 (iv) an apprenticeship.
	288	+	36 SECTION 10. IC 12-14-2-4 IS AMENDED TO READ AS
	289	+	37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The division shall
	290	+	38 determine the amount of assistance granted for a dependent child or a
	291	+	39 woman described in IC 12-14-1-1(f) considering the following:
	292	+	40 (1) The resources and necessary expenditures of the family.
	293	+	41 (2) The conditions existing in each case and in accordance with
	294	+	42 the rules adopted under IC 4-22-2 by the director of the division.
	295	+	ES 265—LS 6563/DI 148 7
	296	+	1 However, a Holocaust victim's settlement payment received by the
	297	+	2 child or a woman described in IC 12-14-1-1(f), or a member of the
	298	+	3 child's or woman's family may not be considered a resource of the
	299	+	4 family when determining the amount of assistance for the child or
	300	+	5 woman.
	301	+	6 SECTION 11. IC 12-14-2-4.9 IS ADDED TO THE INDIANA
	302	+	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
	303	+	8 [EFFECTIVE JULY 1, 2023]: Sec. 4.9. (a) The division may adopt
	304	+	9 emergency rules under IC 4-22-2-37.1 to implement section 5 of
	305	+	10 this chapter. An emergency rule adopted under this section expires
	306	+	11 on the earlier of:
	307	+	12 (1) one (1) year after the date on which the rule was accepted
	308	+	13 for filing under IC 4-22-2-37.1(e); or
	309	+	14 (2) June 30, 2024.
	310	+	15 (b) This section expires July 1, 2024.
	311	+	16 SECTION 12. IC 12-14-2-5 IS AMENDED TO READ AS
	312	+	17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as
	313	+	18 provided in sections section 5.1 and 5.3 of this chapter and subject to
	314	+	19 the adjustment described in subsection (b), the following apply to
	315	+	20 the amount of need recognized and payment made under this chapter:
	316	+	21 (1) The total amount of need recognized and payment made for a
	317	+	22 dependent child, other than for medical expenses, or a woman
	318	+	23 described in IC 12-14-1-1(f), for a calendar month may not
	319	+	24 exceed one two hundred fifty-five dollars ($155). forty-eight
	320	+	25 dollars ($248).
	321	+	26 (2) The total amount of need recognized and payment made to the
	322	+	27 person essential to the well-being of the dependent child, other
	323	+	28 than for medical expenses, for a calendar month may not exceed
	324	+	29 one two hundred fifty-five dollars ($155). forty-eight dollars
	325	+	30 ($248).
	326	+	31 (3) The total amount of need recognized and payment made to
	327	+	32 one (1) dependent child and to the person essential to the
	328	+	33 well-being of the dependent child, other than for medical
	329	+	34 expenses, for a calendar month may not exceed two four hundred
	330	+	35 fifty-five dollars ($255). nine dollars ($409).
	331	+	36 (4) If there is more than one (1) dependent child in the same
	332	+	37 home, the total amount of need recognized and payment made,
	333	+	38 other than for medical expenses, for a calendar month may not
	334	+	39 exceed sixty-five one hundred four dollars ($65) ($104) for each
	335	+	40 additional child and, if the second parent of the child is
	336	+	41 incapacitated and is living in the home, the amount of need
	337	+	42 recognized and payment made may not exceed sixty-five one
	338	+	ES 265—LS 6563/DI 148 8
	339	+	1 hundred four dollars ($65) ($104) for the benefit of the
	340	+	2 incapacitated parent.
	341	+	3 (b) The office of the secretary shall calculate and report to the
	342	+	4 legislative council, by December 1 of every even-numbered year,
	343	+	5 the amounts that would result if the amounts described under this
	344	+	6 section were adjusted each year using the Social Security cost of
	345	+	7 living adjustment rate.
	346	+	8 SECTION 13. IC 12-14-2-5.1, AS AMENDED BY P.L.153-2011,
	347	+	9 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	348	+	10 JULY 1, 2024]: Sec. 5.1. (a) Subject to section 5.2 of this chapter, a
	349	+	11 parent or an essential person may not receive payments if the person
	350	+	12 has received assistance under this article during the person's lifetime
	351	+	13 for twenty-four (24) months after June 30, 1995.
	352	+	14 (b) A family receiving TANF under section 5 of this chapter
	353	+	15 remains eligible to receive TANF services, including access to the Title
	354	+	16 IV-D child support enforcement program and the IMPACT (JOBS)
	355	+	17 program, when the family's applicable income is greater than the
	356	+	18 amount of need recognized maximum benefit amount under section
	357	+	19 5 of this chapter, IC 12-14-1-1.7, but the family's gross income is less
	358	+	20 than one hundred percent (100%) of the federal income poverty level.
	359	+	21 (c) A recipient family shall receive a cash assistance benefit under
	360	+	22 the TANF program of at least ten dollars ($10) if:
	361	+	23 (1) the family's applicable income is greater than the amount of
	362	+	24 need recognized under section 5 of this chapter; maximum
	363	+	25 benefit amount specified in IC 12-14-1-1.7;
	364	+	26 (2) the family's gross income is less than one hundred percent
	365	+	27 (100%) of the federal income poverty level; and
	366	+	28 (3) a parent or essential person receiving assistance has
	367	+	29 employment earnings.
	368	+	30 SECTION 14. IC 12-14-2-5.3 IS REPEALED [EFFECTIVE
	369	+	31 JANUARY 1, 2022 (RETROACTIVE)]. Sec. 5.3. (a) This section does
	370	+	32 not apply to a dependent child:
	371	+	33 (1) who is the firstborn of a child less than eighteen (18) years of
	372	+	34 age who is included in a TANF assistance group when the child
	373	+	35 becomes a first time minor parent (including all children in the
	374	+	36 case of a multiple birth); or
	375	+	37 (2) who was conceived in a month the family was not receiving
	376	+	38 TANF assistance.
	377	+	39 (b) Except as provided in subsection (c), after July 1, 1995, an
	378	+	40 additional payment (other than for medical expenses payable under
	379	+	41 IC 12-15) may not be made for a dependent child who is born more
	380	+	42 than ten (10) months after the date the family qualifies for assistance
	381	+	ES 265—LS 6563/DI 148 9
	382	+	1 under this article.
	383	+	2 (c) The division may adopt rules under IC 4-22-2 that authorize a
	384	+	3 voucher for goods and services related to child care that do not exceed
	385	+	4 one-half (1/2) of the assistance that a dependent child described in
	386	+	5 subsection (b) would otherwise receive under section 5 of this chapter.
	387	+	6 (d) A dependent child described in subsection (b) is eligible for all
	388	+	7 child support enforcement services provided in IC 31-25.
	389	+	8 (e) Families receiving TANF assistance are encouraged to receive
	390	+	9 family planning counseling.
	391	+	10 SECTION 15. IC 12-14-2-9 IS REPEALED [EFFECTIVE JULY 1,
	392	+	11 2023]. Sec. 9. The division shall apply a percentage reduction of ninety
	393	+	12 percent (90%) to the total needs of TANF applicants and recipients in
	394	+	13 computing the TANF benefits payable.
	395	+	14 SECTION 16. IC 12-14-2-21, AS AMENDED BY P.L.174-2021,
	396	+	15 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	397	+	16 JANUARY 1, 2022 (RETROACTIVE)]: Sec. 21. (a) A TANF recipient
	398	+	17 or the parent or essential person of a TANF recipient, if the TANF
	399	+	18 recipient is less than eighteen (18) years of age, must sign a personal
	400	+	19 responsibility agreement to do the following:
	401	+	20 (1) Develop an individual self-sufficiency plan with other family
	402	+	21 members and a caseworker.
	403	+	22 (2) Accept any reasonable employment as soon as it becomes
	404	+	23 available.
	405	+	24 (3) Agree to a loss of assistance, including TANF assistance
	406	+	25 under this article, if convicted of a felony under IC 35-43-5 for
	407	+	26 fraud relating to Medicaid or public relief or assistance for ten
	408	+	27 (10) years after the conviction.
	409	+	28 (4) Subject to section 5.3 of this chapter, understand that
	410	+	29 additional TANF assistance under this article will not be available
	411	+	30 for a child born more than ten (10) months after the person
	412	+	31 qualifies for assistance.
	413	+	32 (5) (4) Accept responsibility for ensuring that each child of the
	414	+	33 person receives all appropriate vaccinations against disease at an
	415	+	34 appropriate age.
	416	+	35 (6) (5) If the person is less than eighteen (18) years of age and is
	417	+	36 a parent, live with the person's parents, legal guardian, or an adult
	418	+	37 relative other than a parent or legal guardian in order to receive
	419	+	38 public assistance.
	420	+	39 (7) (6) Subject to IC 12-8-1.5-11 and section 5.1 of this chapter,
	421	+	40 agree to accept assistance for not more than twenty-four (24)
	422	+	41 months under the TANF program (IC 12-14).
	423	+	42 (8) (7) Be available for and actively seek and maintain
	424	+	ES 265—LS 6563/DI 148 10
	425	+	1 employment.
	426	+	2 (9) (8) Participate in any training program required by the
	427	+	3 division.
	428	+	4 (10) (9) Accept responsibility for ensuring that the person and
	429	+	5 each child of the person attend school until the person and each
	430	+	6 child of the person graduate from high school or attain a high
	431	+	7 school equivalency certificate (as defined in IC 12-14-5-2).
	432	+	8 (11) (10) Raise the person's children in a safe, secure home.
	433	+	9 (12) (11) Agree not to abuse illegal drugs or other substances that
	434	+	10 would interfere with the person's ability to attain self-sufficiency.
	435	+	11 (b) Except as provided in subsection (c), assistance under the TANF
	436	+	12 program shall be withheld or denied to a person who does not fulfill the
	437	+	13 requirements of the personal responsibility agreement under subsection
	438	+	14 (a).
	439	+	15 (c) A person who is granted an exemption under section 23 of this
	440	+	16 chapter may be excused from specific provisions of the personal
	441	+	17 responsibility agreement as determined by the director.
	442	+	18 SECTION 17. IC 12-14-2-23, AS AMENDED BY P.L.130-2018,
	443	+	19 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	444	+	20 JULY 1, 2023]: Sec. 23. (a) This section applies only to a person's
	445	+	21 eligibility for assistance under section 5.1 of this chapter.
	446	+	22 (b) As used in this section, "school" means a program resulting in
	447	+	23 high school graduation.
	448	+	24 (c) Due to extraordinary circumstances, a person who is the parent
	449	+	25 of a dependent child, an essential person, or a dependent child may
	450	+	26 apply, in a manner prescribed by the division, for an exemption from
	451	+	27 the requirements of this chapter if the person can document that the
	452	+	28 person has complied with the personal responsibility agreement under
	453	+	29 section 21 of this chapter and the person demonstrates any of the
	454	+	30 following:
	455	+	31 (1) The person has a substantial physical or mental disability that
	456	+	32 prevents the person from obtaining or participating in gainful
	457	+	33 employment.
	458	+	34 (2) The person is a minor parent who is in school full time and
	459	+	35 who has a dependent child.
	460	+	36 (3) The person is a minor parent who is enrolled full time in an
	461	+	37 educational program culminating in a high school equivalency
	462	+	38 certificate and who has a dependent child.
	463	+	39 A person seeking an exemption under this section must show
	464	+	40 documentation to the division to substantiate the person's claim for an
	465	+	41 exemption under subdivision (1), (2), or (3).
	466	+	42 (d) After receiving an application for exemption from a parent, an
	467	+	ES 265—LS 6563/DI 148 11
	468	+	1 essential person, or a dependent child under subsection (c), the division
	469	+	2 shall investigate and determine if the parent, essential person, or
	470	+	3 dependent child qualifies for an exemption from this chapter. The
	471	+	4 director shall make a final determination regarding:
	472	+	5 (1) whether to grant an exemption;
	473	+	6 (2) the length of an exemption, if granted, subject to subsection
	474	+	7 (f); and
	475	+	8 (3) the extent of an exemption, if granted.
	476	+	9 (e) If the director determines that a parent, an essential person, or a
	477	+	10 dependent child qualifies for an exemption under this chapter, the
	478	+	11 parent, essential person, or dependent child is entitled to receive one
	479	+	12 hundred percent (100%) of the payments that the parent, essential
	480	+	13 person, or dependent child is entitled to receive under section 5 of this
	481	+	14 chapter, subject to any ratable reduction.
	482	+	15 (f) An exemption granted under this section may not exceed one (1)
	483	+	16 year, but may be renewed.
	484	+	17 (g) The division shall publish the number and type of exemptions
	485	+	18 granted under this section on the division's Internet web site.
	486	+	19 (h) The division may adopt rules under IC 4-22-2 to carry out this
	487	+	20 section.
	488	+	21 SECTION 18. IC 12-15-2-0.5, AS AMENDED BY THE
	489	+	22 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
	490	+	23 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	491	+	24 JANUARY 1, 2022 (RETROACTIVE)]: Sec. 0.5. (a) This section
	492	+	25 applies to a person who qualifies for assistance:
	493	+	26 (1) under sections 13 through 16 of this chapter;
	494	+	27 (2) under section 6 of this chapter (before its expiration) when
	495	+	28 the person becomes ineligible for medical assistance under
	496	+	29 IC 12-14-2-5.1; or IC 12-14-2-5.3; or
	497	+	30 (3) as an individual with a disability if the person is less than
	498	+	31 eighteen (18) years of age and otherwise qualifies for assistance.
	499	+	32 (b) Notwithstanding any other law, the following may not be
	500	+	33 construed to limit health care assistance to a person described in
	501	+	34 subsection (a):
	502	+	35 (1) IC 12-8-1.5-12.
	503	+	36 (2) IC 12-14-1-1.
	504	+	37 (3) IC 12-14-1-1.5.
	505	+	38 (4) IC 12-14-2-5.1.
	506	+	39 (5) IC 12-14-2-5.2.
	507	+	40 (6) IC 12-14-2-5.3.
	508	+	41 (7) (6) IC 12-14-2-17.
	509	+	42 (8) (7) IC 12-14-2-18.
	510	+	ES 265—LS 6563/DI 148 12
	511	+	1 (9) (8) IC 12-14-2-20.
	512	+	2 (10) (9) IC 12-14-2-21.
	513	+	3 (11) (10) IC 12-14-2-24.
	514	+	4 (12) (11) IC 12-14-2-25.
	515	+	5 (13) (12) IC 12-14-2-26.
	516	+	6 (14) (13) IC 12-14-2.5.
	517	+	7 (15) (14) IC 12-14-5.5.
	518	+	8 (16) (15) Section 21 of this chapter.
	519	+	9 SECTION 19. IC 12-20-6-0.5, AS AMENDED BY P.L.174-2021,
	520	+	10 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	521	+	11 JANUARY 1, 2022 (RETROACTIVE)]: Sec. 0.5. (a) As used in this
	522	+	12 section, "member of the applicant's household" includes any person
	523	+	13 who lives in the same residence as the applicant.
	524	+	14 (b) The township trustee shall determine whether an applicant or a
	525	+	15 member of the applicant's household has been denied assistance under
	526	+	16 IC 12-14-1-1, IC 12-14-1-1.5, IC 12-14-2-5.1, IC 12-14-2-5.3,
	527	+	17 IC 12-14-2-18, IC 12-14-2-20, IC 12-14-2-21, IC 12-14-2-24,
	528	+	18 IC 12-14-2-26, IC 12-14-2.5, or IC 12-14-5.5.
	529	+	19 (c) A township trustee has no obligation to extend aid to an
	530	+	20 applicant or to a member of an applicant's household who has been
	531	+	21 denied assistance as described in subsection (b).
	532	+	22 (d) A township trustee shall not extend aid to an applicant or to a
	533	+	23 member of an applicant's household if the applicant or the member of
	534	+	24 the applicant's household has been convicted of an offense under
	535	+	25 IC 35-43-5 concerning fraud relating to Medicaid or public relief or
	536	+	26 assistance as follows:
	537	+	27 (1) If the conviction is a misdemeanor, a township trustee shall
	538	+	28 not extend aid to the applicant or the member of the applicant's
	539	+	29 household for one (1) year after the conviction.
	540	+	30 (2) If the conviction is a felony, a township trustee shall not
	541	+	31 extend aid to the applicant or the member of the applicant's
	542	+	32 household for ten (10) years after the conviction.
	543	+	33 SECTION 20. [EFFECTIVE JANUARY 1, 2022
	544	+	34 (RETROACTIVE)]: (a) 470 IAC 10.3-9-2 is void. The publisher of
	545	+	35 the Indiana Administrative Code and Indiana Register shall
	546	+	36 remove 470 IAC 10.3-9-2 from the Indiana Administrative Code.
	547	+	37 (b) This SECTION expires December 31, 2023.
	548	+	38 SECTION 21. [EFFECTIVE UPON PASSAGE] (a) Not later than
	549	+	39 ninety (90) days after the effective date of this act, the family and
	550	+	40 social services administration shall amend the administrative rules
	551	+	41 of the family and social services administration in conformance
	552	+	42 with this act.
	553	+	ES 265—LS 6563/DI 148 13
	554	+	1 (b) This SECTION expires December 31, 2023.
	555	+	2 SECTION 22. An emergency is declared for this act.
	556	+	ES 265—LS 6563/DI 148 14
	557	+	COMMITTEE REPORT
	558	+	Madam President: The Senate Committee on Family and Children
	559	+	Services, to which was referred Senate Bill No. 265, has had the same
	560	+	under consideration and begs leave to report the same back to the
	561	+	Senate with the recommendation that said bill be AMENDED as
	562	+	follows:
	563	+	Page 6, line 22, strike "(4)".
	564	+	Page 6, line 22, delete "Understand" and insert "understand".
	565	+	Page 6, line 22, strike "that".
	566	+	Page 6, strike lines 23 through 25.
	567	+	Page 6, line 26, strike "(5)" and insert "(4)".
	568	+	Page 6, line 29, strike "(6)" and insert "(5)".
	569	+	Page 6, line 33, strike "(7)" and insert "(6)".
	570	+	Page 6, line 36, strike "(8)" and insert "(7)".
	571	+	Page 6, line 37, strike "(9)" and insert "(8)".
	572	+	Page 6, line 38, strike "(10)" and insert "(9)".
	573	+	Page 6, line 42, strike "(11)" and insert "(10)".
	574	+	Page 7, line 1, strike "(12)" and insert "(11)".
	575	+	Page 9, between lines 24 and 25, begin a new paragraph and insert:
	576	+	"SECTION 13. [EFFECTIVE JANUARY 1, 2022
	577	+	(RETROACTIVE)]: (a) 470 IAC 10.3-9-2 is void. The publisher of
	578	+	the Indiana Administrative Code and Indiana Register shall
	579	+	remove 470 IAC 10.3-9-2 from the Indiana Administrative Code.
	580	+	(b) This SECTION expires December 31, 2023.
	581	+	SECTION 14 [EFFECTIVE UPON PASSAGE] (a) Not later than
	582	+	ninety (90) days after the effective date of this act, the family and
	583	+	social services administration shall amend the administrative rules
	584	+	of the family and social services administration in conformance
	585	+	with this act.
	586	+	(b) This SECTION expires December 31, 2023.".
	587	+	Renumber all SECTIONS consecutively.
	588	+	and when so amended that said bill do pass.
	589	+	(Reference is to SB 265 as introduced.)
	590	+	WALKER G, Chairperson
	591	+	Committee Vote: Yeas 8, Nays 0.
	592	+	ES 265—LS 6563/DI 148 15
	593	+	COMMITTEE REPORT
	594	+	Mr. Speaker: Your Committee on Family, Children and Human
	595	+	Affairs, to which was referred Senate Bill 265, has had the same under
	596	+	consideration and begs leave to report the same back to the House with
	597	+	the recommendation that said bill do pass.
	598	+	(Reference is to SB 265 as printed January 24, 2023.)
	599	+	DEVON
	600	+	Committee Vote: Yeas 10, Nays 0
	601	+	_____
	602	+	COMMITTEE REPORT
	603	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	604	+	referred Engrossed Senate Bill 265, has had the same under
	605	+	consideration and begs leave to report the same back to the House with
	606	+	the recommendation that said bill be amended as follows:
	607	+	Page 2, between lines 12 and 13, begin a new paragraph and insert:
	608	+	"(f) Assistance under TANF shall be given to a woman who:
45	609		(1) is pregnant at the time an application for assistance is
46	610		filed; and
47	611		(2) meets the income requirements set forth in section 1.7 of
48		-	this chapter.
49		-	SECTION 2. IC 12-14-1-1.5, AS AMENDED BY P.L.128-2012,
50		-	SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51		-	JULY 1, 2024]: Sec. 1.5. (a) This section does not apply if the:
52		-	(1) dependent child does not have a living parent or legal
53		-	guardian;
54		-	(2) whereabouts of the dependent child's parent or legal guardian
55		-	are unknown;
56		-	(3) dependent child lived apart from the child's parent or legal
57		-	guardian for a period of at least one (1) year before either:
58		-	(A) the birth of the dependent child's child; or
59		-	(B) the dependent child's application for TANF;
60		-	(4) dependent child provides proof, and the division agrees, that
61		-	the physical health or safety of the dependent child or a child of
62		-	the dependent child would be jeopardized if the dependent child
63		-	or a child of the dependent child resides with the dependent
64		-	child's parent, legal guardian, or adult relative; or
65		-	(5) dependent child is less than eighteen (18) years of age and is
66		-	not married, but the dependent child or a child of the dependent
67		-	child:
68		-	(A) has been alleged or adjudicated a child in need of services
69		-	under IC 31-34 (or IC 31-6 before its repeal); or
70		-	(B) has been placed under the wardship or guardianship of the
71		-	department of child services.
72		-	(b) Except as provided in subsection (d), a dependent child who is
73		-	less than eighteen (18) years of age and is:
74		-	(1) not married; or
75		-	(2) married but not residing with or receiving support from a
76		-	spouse;
77		-	and meets the income requirements set forth in section 1.7 of this
78		-	chapter is entitled to assistance under TANF only if the dependent
79		-	child and any children of the dependent child reside with a parent, a
80		-	SEA 265 — Concur 3
81		-	legal guardian, or an adult relative other than a parent or legal guardian
82		-	of the dependent child. A legal guardian or an adult relative not listed
83		-	in section 1(a)(2)(A) of this chapter must have custody of the child
84		-	under a court order.
85		-	(c) The assistance for an eligible dependent child and each child of
86		-	an eligible dependent child as described in subsection (b) shall be
87		-	provided to the dependent child's parent, legal guardian, or other adult
88		-	relative based on the eligibility of the parent, legal guardian, or other
89		-	adult relative to receive assistance under TANF.
90		-	(d) This subsection applies to the parent of:
91		-	(1) a dependent child who has never married and who:
92		-	(A) has a child; or
93		-	(B) is pregnant; and
94		-	(2) a dependent child who has never married and is adjudicated
95		-	to be the father of a child.
96		-	The parent of a dependent child described in subdivision (1) or (2) is
97		-	financially responsible for the care of a child of the dependent child
98		-	until the dependent child becomes eighteen (18) years of age.
99		-	SECTION 3. IC 12-14-1-1.7 IS ADDED TO THE INDIANA CODE
100		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
101		-	1, 2023]: Sec. 1.7. (a) The division shall, before July 1, 2025,
102		-	determine whether an individual is eligible for TANF assistance
103		-	based on the individual's amount of need set forth in 470
104		-	IAC 10.3-4-3 (as in effect on January 1, 2022).
105		-	(b) After June 30, 2025, and before July 1, 2027, a dependent
106		-	child or a woman described in section 1(f) of this chapter who:
107		-	(1) otherwise qualifies for assistance; and
108		-	(2) is part of an assistance group that has a gross income that
109		-	is not more than thirty-five (35%) percent of the federal
110		-	income poverty level;
111		-	is eligible for TANF assistance.
112		-	(c) After June 30, 2027, a dependent child or a woman described
113		-	in section 1(f) of this chapter who:
114		-	(1) otherwise qualifies for assistance; and
115		-	(2) is part of an assistance group that has a gross income that
116		-	is not more than fifty (50%) percent of the federal income
117		-	poverty level;
118		-	is eligible for TANF assistance.
119		-	(d) The division shall amend the state TANF plan or take any
120		-	other action necessary to implement this section.
121		-	SECTION 4. IC 12-14-1-2 IS AMENDED TO READ AS
	612	+	this chapter.".
	613	+	Page 3, line 27, after "child" insert "or a woman described in
	614	+	section 1(f) of this chapter".
	615	+	Page 3, line 33, after "child" insert "or a woman described in
	616	+	section 1(f) of this chapter".
	617	+	Page 3, between lines 40 and 41, begin a new paragraph and insert:
	618	+	"SECTION 4. IC 12-14-1-2 IS AMENDED TO READ AS
122	619		FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. An application for
123		-	SEA 265 — Concur 4
124	620		a dependent child under this article, or for a woman described in
125	621		section 1(f) of this chapter, must be made to the county office of the
126	622		county where the dependent child or woman resides.
127	623		SECTION 5. IC 12-14-1-3 IS AMENDED TO READ AS
128	624		FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. An application must
129	625		meet the following conditions:
130	626		(1) Be in writing.
131	627		(2) Be made in the manner and upon the form required by the
132	628		division.
133	629		(3) Be made and verified by the oath of the parent or guardian of
134	630		the dependent child or another person standing in loco parentis to
	631	+	ES 265—LS 6563/DI 148 16
135	632		the dependent child, or, in the case of an application made by
136	633		a woman described in section 1(f) of this chapter, by the
137	634		woman making the application.
138	635		(4) Contain the age and residence of the child or, in the case of
139	636		a woman described in section 1(f) of this chapter, the length
140	637		of the woman's pregnancy at the time of application, and any
141	638		information required by rules adopted under IC 4-22-2 by the
142	639		director of the division.
143	640		(5) Contain a notice that, if the application is approved and
144	641		assistance is granted, the applicant's signature on the application
145	642		assigns the applicant's right to:
146	643		(A) accrued;
147	644		(B) present; and
148	645		(C) pending;
149	646		support payments to the agency of the state responsible for
150	647		administering Title IV-D of the federal Social Security Act.
151	648		SECTION 6. IC 12-14-1-6 IS AMENDED TO READ AS
152	649		FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) Whenever the
153	650		county office receives:
154	651		(1) notification of the dependency of a child; or
155	652		(2) an application for assistance;
156	653		an investigation and record shall promptly be made of the
157	654		circumstances of the child to determine the dependency of the child or
158	655		a woman described in section 1(f) of this chapter, the facts
159	656		supporting the application made under this article, and other
160	657		information required by rules adopted under IC 4-22-2 by the director
161	658		of the division.
162	659		(b) The investigation may include a visit to the home of the child
163	660		and the person who will have the custody of the child during the time
164	661		assistance is granted.
165	662		SECTION 7. IC 12-14-1-8 IS ADDED TO THE INDIANA CODE
166		-	SEA 265 — Concur 5
167	663		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
168	664		UPON PASSAGE]: Sec. 8. The division may adopt rules under
169	665		IC 4-22-2 to implement and carry out this article.
170	666		SECTION 8. IC 12-14-2-1, AS AMENDED BY P.L.83-2022,
171	667		SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
172	668		JULY 1, 2024]: Sec. 1. (a) After the investigation under IC 12-14-1-6,
173	669		the county office shall decide the following:
174	670		(1) Whether the child or woman described in IC 12-14-1-1(f) is
175	671		eligible for assistance under this article.
176	672		(2) The amount of assistance.
177	673		(3) The date assistance begins.
	674	+	ES 265—LS 6563/DI 148 17
178	675		(b) The county office may not consider:
179	676		(1) money in an individual development account under IC 4-4-28
180	677		that belongs to the child or woman described in IC 12-14-1-1(f),
181	678		or a member of the child's or woman's family;
182	679		(2) the value of the real property that is the child's or woman's
183	680		primary residence;
184	681		(3) twenty thousand dollars ($20,000) of total equity value (as
185	682		defined in 470 IAC 10.3-4-2) in motor vehicles that belong to one
186	683		(1) or more members of the child's or woman's family;
187	684		(4) a Holocaust victim's settlement payment received by the child,
188	685		woman described in IC 12-14-1-1(f), or a member of the child's
189	686		or woman's family; or
190	687		(5) money earned by the child, woman described in
191	688		IC 12-14-1-1(f), or a member of the child's or woman's family as
192	689		a student participating in:
193	690		(A) a paid internship;
194	691		(B) a work based learning course (as defined in
195	692		IC 20-43-8-0.7); or
196	693		(C) paid postsecondary work experience that allows the
197	694		individual to apply for a related apprenticeship (as defined by
198	695		IC 20-43-8-0.3);
199	696		when determining whether the individual is eligible for assistance
200	697		under this article.
201	698		SECTION 9. IC 12-14-2-3, AS AMENDED BY P.L.168-2021,
202	699		SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
203	700		JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), when
204	701		determining the amount of assistance, an accounting must be taken of
205	702		any income or property of the child or woman described in
206	703		IC 12-14-1-1(f) that the child or woman may receive from another
207	704		source.
208	705		(b) The following may not be considered as income or property of
209		-	SEA 265 — Concur 6
210	706		the child or woman described in IC 12-14-1-1(f) when determining
211	707		the amount of assistance for the child:
212	708		(1) Money in an individual development account established
213	709		under IC 4-4-28 that belongs to a child, a woman described in
214	710		IC 12-14-1-1(f), or a member of the child's or woman's family.
215	711		(2) A Holocaust victim's settlement payment received by the
216	712		child, a woman described in IC 12-14-1-1(f), or a member of the
217	713		child's or woman's family.
218	714		(3) Money earned by the child, a woman described in
219	715		IC 12-14-1-1(f), or a member of the child's or woman's family as
220	716		a student participating in:
	717	+	ES 265—LS 6563/DI 148 18
221	718		(A) a paid internship;
222	719		(B) a work based learning course (as defined in
223	720		IC 20-43-8-0.7); or
224	721		(C) paid postsecondary work experience that allows the
225	722		individual to apply for a related apprenticeship (as defined by
226	723		IC 20-43-8-0.3).
227	724		(4) Annual income of up to fifteen thousand dollars ($15,000) that
228	725		is earned by an individual in the child's household or the
229	726		household of a woman described in IC 12-14-1-1(f), if the
230	727		income is earned by an individual who:
231	728		(A) resides in the household;
232	729		(B) is less than twenty-four (24) years of age; and
233	730		(C) earns the additional annual income while the individual is
234	731		a student participating in or pursuing:
235	732		(i) a postsecondary degree;
236	733		(ii) a workforce certificate;
237	734		(iii) a pre-apprenticeship; or
238	735		(iv) an apprenticeship.
239	736		SECTION 10. IC 12-14-2-4 IS AMENDED TO READ AS
240	737		FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The division shall
241	738		determine the amount of assistance granted for a dependent child or a
242	739		woman described in IC 12-14-1-1(f) considering the following:
243	740		(1) The resources and necessary expenditures of the family.
244	741		(2) The conditions existing in each case and in accordance with
245	742		the rules adopted under IC 4-22-2 by the director of the division.
246	743		However, a Holocaust victim's settlement payment received by the
247	744		child or a woman described in IC 12-14-1-1(f), or a member of the
248	745		child's or woman's family may not be considered a resource of the
249	746		family when determining the amount of assistance for the child or
250		-	woman.
251		-	SECTION 11. IC 12-14-2-4.9 IS ADDED TO THE INDIANA
252		-	SEA 265 — Concur 7
253		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
254		-	[EFFECTIVE JULY 1, 2023]: Sec. 4.9. (a) The division may adopt
255		-	emergency rules under IC 4-22-2-37.1 to implement section 5 of
256		-	this chapter. An emergency rule adopted under this section expires
257		-	on the earlier of:
258		-	(1) one (1) year after the date on which the rule was accepted
259		-	for filing under IC 4-22-2-37.1(e); or
260		-	(2) June 30, 2024.
261		-	(b) This section expires July 1, 2024.
262		-	SECTION 12. IC 12-14-2-5 IS AMENDED TO READ AS
263		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as
264		-	provided in sections section 5.1 and 5.3 of this chapter and subject to
265		-	the adjustment described in subsection (b), the following apply to
266		-	the amount of need recognized and payment made under this chapter:
267		-	(1) The total amount of need recognized and payment made for a
268		-	dependent child, other than for medical expenses, or a woman
269		-	described in IC 12-14-1-1(f), for a calendar month may not
270		-	exceed one two hundred fifty-five dollars ($155). forty-eight
271		-	dollars ($248).
272		-	(2) The total amount of need recognized and payment made to the
273		-	person essential to the well-being of the dependent child, other
274		-	than for medical expenses, for a calendar month may not exceed
275		-	one two hundred fifty-five dollars ($155). forty-eight dollars
276		-	($248).
277		-	(3) The total amount of need recognized and payment made to
278		-	one (1) dependent child and to the person essential to the
279		-	well-being of the dependent child, other than for medical
280		-	expenses, for a calendar month may not exceed two four hundred
281		-	fifty-five dollars ($255). nine dollars ($409).
282		-	(4) If there is more than one (1) dependent child in the same
283		-	home, the total amount of need recognized and payment made,
284		-	other than for medical expenses, for a calendar month may not
285		-	exceed sixty-five one hundred four dollars ($65) ($104) for each
286		-	additional child and, if the second parent of the child is
287		-	incapacitated and is living in the home, the amount of need
288		-	recognized and payment made may not exceed sixty-five one
289		-	hundred four dollars ($65) ($104) for the benefit of the
290		-	incapacitated parent.
291		-	(b) The office of the secretary shall calculate and report to the
	747	+	woman.".
	748	+	Page 4, line 15, after "expenses," insert "or a woman described in
	749	+	IC 12-14-1-1(f),".
	750	+	Page 4, delete lines 37 through 42.
	751	+	Page 5, delete line 1, begin a new paragraph and insert:
	752	+	"(b) The office of the secretary shall calculate and report to the
292	753		legislative council, by December 1 of every even-numbered year,
293	754		the amounts that would result if the amounts described under this
294	755		section were adjusted each year using the Social Security cost of
295		-	SEA 265 — Concur 8
296		-	living adjustment rate.
297		-	SECTION 13. IC 12-14-2-5.1, AS AMENDED BY P.L.153-2011,
298		-	SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
299		-	JULY 1, 2024]: Sec. 5.1. (a) Subject to section 5.2 of this chapter, a
300		-	parent or an essential person may not receive payments if the person
301		-	has received assistance under this article during the person's lifetime
302		-	for twenty-four (24) months after June 30, 1995.
303		-	(b) A family receiving TANF under section 5 of this chapter
304		-	remains eligible to receive TANF services, including access to the Title
305		-	IV-D child support enforcement program and the IMPACT (JOBS)
306		-	program, when the family's applicable income is greater than the
307		-	amount of need recognized maximum benefit amount under section
308		-	5 of this chapter, IC 12-14-1-1.7, but the family's gross income is less
309		-	than one hundred percent (100%) of the federal income poverty level.
310		-	(c) A recipient family shall receive a cash assistance benefit under
311		-	the TANF program of at least ten dollars ($10) if:
312		-	(1) the family's applicable income is greater than the amount of
313		-	need recognized under section 5 of this chapter; maximum
314		-	benefit amount specified in IC 12-14-1-1.7;
315		-	(2) the family's gross income is less than one hundred percent
316		-	(100%) of the federal income poverty level; and
317		-	(3) a parent or essential person receiving assistance has
318		-	employment earnings.
319		-	SECTION 14. IC 12-14-2-5.3 IS REPEALED [EFFECTIVE
320		-	JANUARY 1, 2022 (RETROACTIVE)]. Sec. 5.3. (a) This section does
321		-	not apply to a dependent child:
322		-	(1) who is the firstborn of a child less than eighteen (18) years of
323		-	age who is included in a TANF assistance group when the child
324		-	becomes a first time minor parent (including all children in the
325		-	case of a multiple birth); or
326		-	(2) who was conceived in a month the family was not receiving
327		-	TANF assistance.
328		-	(b) Except as provided in subsection (c), after July 1, 1995, an
329		-	additional payment (other than for medical expenses payable under
330		-	IC 12-15) may not be made for a dependent child who is born more
331		-	than ten (10) months after the date the family qualifies for assistance
332		-	under this article.
333		-	(c) The division may adopt rules under IC 4-22-2 that authorize a
334		-	voucher for goods and services related to child care that do not exceed
335		-	one-half (1/2) of the assistance that a dependent child described in
336		-	subsection (b) would otherwise receive under section 5 of this chapter.
337		-	(d) A dependent child described in subsection (b) is eligible for all
338		-	SEA 265 — Concur 9
339		-	child support enforcement services provided in IC 31-25.
340		-	(e) Families receiving TANF assistance are encouraged to receive
341		-	family planning counseling.
342		-	SECTION 15. IC 12-14-2-9 IS REPEALED [EFFECTIVE JULY 1,
343		-	2023]. Sec. 9. The division shall apply a percentage reduction of ninety
344		-	percent (90%) to the total needs of TANF applicants and recipients in
345		-	computing the TANF benefits payable.
346		-	SECTION 16. IC 12-14-2-21, AS AMENDED BY P.L.174-2021,
347		-	SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
348		-	JANUARY 1, 2022 (RETROACTIVE)]: Sec. 21. (a) A TANF recipient
349		-	or the parent or essential person of a TANF recipient, if the TANF
350		-	recipient is less than eighteen (18) years of age, must sign a personal
351		-	responsibility agreement to do the following:
352		-	(1) Develop an individual self-sufficiency plan with other family
353		-	members and a caseworker.
354		-	(2) Accept any reasonable employment as soon as it becomes
355		-	available.
356		-	(3) Agree to a loss of assistance, including TANF assistance
357		-	under this article, if convicted of a felony under IC 35-43-5 for
358		-	fraud relating to Medicaid or public relief or assistance for ten
359		-	(10) years after the conviction.
360		-	(4) Subject to section 5.3 of this chapter, understand that
361		-	additional TANF assistance under this article will not be available
362		-	for a child born more than ten (10) months after the person
363		-	qualifies for assistance.
364		-	(5) (4) Accept responsibility for ensuring that each child of the
365		-	person receives all appropriate vaccinations against disease at an
366		-	appropriate age.
367		-	(6) (5) If the person is less than eighteen (18) years of age and is
368		-	a parent, live with the person's parents, legal guardian, or an adult
369		-	relative other than a parent or legal guardian in order to receive
370		-	public assistance.
371		-	(7) (6) Subject to IC 12-8-1.5-11 and section 5.1 of this chapter,
372		-	agree to accept assistance for not more than twenty-four (24)
373		-	months under the TANF program (IC 12-14).
374		-	(8) (7) Be available for and actively seek and maintain
375		-	employment.
376		-	(9) (8) Participate in any training program required by the
377		-	division.
378		-	(10) (9) Accept responsibility for ensuring that the person and
379		-	each child of the person attend school until the person and each
380		-	child of the person graduate from high school or attain a high
381		-	SEA 265 — Concur 10
382		-	school equivalency certificate (as defined in IC 12-14-5-2).
383		-	(11) (10) Raise the person's children in a safe, secure home.
384		-	(12) (11) Agree not to abuse illegal drugs or other substances that
385		-	would interfere with the person's ability to attain self-sufficiency.
386		-	(b) Except as provided in subsection (c), assistance under the TANF
387		-	program shall be withheld or denied to a person who does not fulfill the
388		-	requirements of the personal responsibility agreement under subsection
389		-	(a).
390		-	(c) A person who is granted an exemption under section 23 of this
391		-	chapter may be excused from specific provisions of the personal
392		-	responsibility agreement as determined by the director.
393		-	SECTION 17. IC 12-14-2-23, AS AMENDED BY P.L.130-2018,
394		-	SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
395		-	JULY 1, 2023]: Sec. 23. (a) This section applies only to a person's
396		-	eligibility for assistance under section 5.1 of this chapter.
397		-	(b) As used in this section, "school" means a program resulting in
398		-	high school graduation.
399		-	(c) Due to extraordinary circumstances, a person who is the parent
400		-	of a dependent child, an essential person, or a dependent child may
401		-	apply, in a manner prescribed by the division, for an exemption from
402		-	the requirements of this chapter if the person can document that the
403		-	person has complied with the personal responsibility agreement under
404		-	section 21 of this chapter and the person demonstrates any of the
405		-	following:
406		-	(1) The person has a substantial physical or mental disability that
407		-	prevents the person from obtaining or participating in gainful
408		-	employment.
409		-	(2) The person is a minor parent who is in school full time and
410		-	who has a dependent child.
411		-	(3) The person is a minor parent who is enrolled full time in an
412		-	educational program culminating in a high school equivalency
413		-	certificate and who has a dependent child.
414		-	A person seeking an exemption under this section must show
415		-	documentation to the division to substantiate the person's claim for an
416		-	exemption under subdivision (1), (2), or (3).
417		-	(d) After receiving an application for exemption from a parent, an
418		-	essential person, or a dependent child under subsection (c), the division
419		-	shall investigate and determine if the parent, essential person, or
420		-	dependent child qualifies for an exemption from this chapter. The
421		-	director shall make a final determination regarding:
422		-	(1) whether to grant an exemption;
423		-	(2) the length of an exemption, if granted, subject to subsection
424		-	SEA 265 — Concur 11
425		-	(f); and
426		-	(3) the extent of an exemption, if granted.
427		-	(e) If the director determines that a parent, an essential person, or a
428		-	dependent child qualifies for an exemption under this chapter, the
429		-	parent, essential person, or dependent child is entitled to receive one
430		-	hundred percent (100%) of the payments that the parent, essential
431		-	person, or dependent child is entitled to receive under section 5 of this
432		-	chapter, subject to any ratable reduction.
433		-	(f) An exemption granted under this section may not exceed one (1)
434		-	year, but may be renewed.
435		-	(g) The division shall publish the number and type of exemptions
436		-	granted under this section on the division's Internet web site.
437		-	(h) The division may adopt rules under IC 4-22-2 to carry out this
438		-	section.
439		-	SECTION 18. IC 12-15-2-0.5, AS AMENDED BY THE
440		-	TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
441		-	ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
442		-	JANUARY 1, 2022 (RETROACTIVE)]: Sec. 0.5. (a) This section
443		-	applies to a person who qualifies for assistance:
444		-	(1) under sections 13 through 16 of this chapter;
445		-	(2) under section 6 of this chapter (before its expiration) when
446		-	the person becomes ineligible for medical assistance under
447		-	IC 12-14-2-5.1; or IC 12-14-2-5.3; or
448		-	(3) as an individual with a disability if the person is less than
449		-	eighteen (18) years of age and otherwise qualifies for assistance.
450		-	(b) Notwithstanding any other law, the following may not be
451		-	construed to limit health care assistance to a person described in
452		-	subsection (a):
453		-	(1) IC 12-8-1.5-12.
454		-	(2) IC 12-14-1-1.
455		-	(3) IC 12-14-1-1.5.
456		-	(4) IC 12-14-2-5.1.
457		-	(5) IC 12-14-2-5.2.
458		-	(6) IC 12-14-2-5.3.
459		-	(7) (6) IC 12-14-2-17.
460		-	(8) (7) IC 12-14-2-18.
461		-	(9) (8) IC 12-14-2-20.
462		-	(10) (9) IC 12-14-2-21.
463		-	(11) (10) IC 12-14-2-24.
464		-	(12) (11) IC 12-14-2-25.
465		-	(13) (12) IC 12-14-2-26.
466		-	(14) (13) IC 12-14-2.5.
467		-	SEA 265 — Concur 12
468		-	(15) (14) IC 12-14-5.5.
469		-	(16) (15) Section 21 of this chapter.
470		-	SECTION 19. IC 12-20-6-0.5, AS AMENDED BY P.L.174-2021,
471		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
472		-	JANUARY 1, 2022 (RETROACTIVE)]: Sec. 0.5. (a) As used in this
473		-	section, "member of the applicant's household" includes any person
474		-	who lives in the same residence as the applicant.
475		-	(b) The township trustee shall determine whether an applicant or a
476		-	member of the applicant's household has been denied assistance under
477		-	IC 12-14-1-1, IC 12-14-1-1.5, IC 12-14-2-5.1, IC 12-14-2-5.3,
478		-	IC 12-14-2-18, IC 12-14-2-20, IC 12-14-2-21, IC 12-14-2-24,
479		-	IC 12-14-2-26, IC 12-14-2.5, or IC 12-14-5.5.
480		-	(c) A township trustee has no obligation to extend aid to an
481		-	applicant or to a member of an applicant's household who has been
482		-	denied assistance as described in subsection (b).
483		-	(d) A township trustee shall not extend aid to an applicant or to a
484		-	member of an applicant's household if the applicant or the member of
485		-	the applicant's household has been convicted of an offense under
486		-	IC 35-43-5 concerning fraud relating to Medicaid or public relief or
487		-	assistance as follows:
488		-	(1) If the conviction is a misdemeanor, a township trustee shall
489		-	not extend aid to the applicant or the member of the applicant's
490		-	household for one (1) year after the conviction.
491		-	(2) If the conviction is a felony, a township trustee shall not
492		-	extend aid to the applicant or the member of the applicant's
493		-	household for ten (10) years after the conviction.
494		-	SECTION 20. [EFFECTIVE JANUARY 1, 2022
495		-	(RETROACTIVE)] (a) 470 IAC 10.3-9-2 is void. The publisher of
496		-	the Indiana Administrative Code and Indiana Register shall
497		-	remove 470 IAC 10.3-9-2 from the Indiana Administrative Code.
498		-	(b) This SECTION expires December 31, 2023.
499		-	SECTION 21. [EFFECTIVE UPON PASSAGE] (a) Not later than
500		-	ninety (90) days after the effective date of this act, the family and
501		-	social services administration shall amend the administrative rules
502		-	of the family and social services administration in conformance
503		-	with this act.
504		-	(b) This SECTION expires December 31, 2023.
505		-	SECTION 22. An emergency is declared for this act.
506		-	SEA 265 — Concur President of the Senate
507		-	President Pro Tempore
508		-	Speaker of the House of Representatives
509		-	Governor of the State of Indiana
510		-	Date: Time:
511		-	SEA 265 — Concur
	756	+	living adjustment rate.".
	757	+	Renumber all SECTIONS consecutively.
	758	+	and when so amended that said bill do pass.
	759	+	ES 265—LS 6563/DI 148 19
	760	+	(Reference is to ESB 265 as printed March 16, 2023.)
	761	+	THOMPSON
	762	+	Committee Vote: yeas 20, nays 1.
	763	+	ES 265—LS 6563/DI 148