§ 22 §3763 — Program requirements

1.
Family contract.
During the TANF orientation process, a representative of the department and the TANF recipient shall enter into a family contract. The family contract must state the responsibilities of the parties to the agreement including, but not limited to, cooperation in child support enforcement and determination of paternity, the requirements of the ASPIRE-TANF program and referral to parenting activities and health care services. Except as provided in section 3762, subsection 4, refusal to sign the family contract or to abide by the provisions of the contract, except for referral to parenting activities and health care services, will result in termination of benefits under subsection 1‑A. Failure to comply with referrals to parenting activities or health care services without good cause will result in a review and evaluation of the reason for noncompliance by the representative of the department and may result in sanctions. Written copies of the family contract and a notice of the right to a fair hearing must be given to the individual. The family contract must be amended in accordance with section 3788 when a participant enters the ASPIRE-TANF program and when participation review occurs.
1-A.
Partial termination of benefits.
Benefits under this chapter must be terminated by the department under the provisions of subsection 1 and sections 3785 and 3785‑A in accordance with this subsection. If an adult recipient fails to meet the conditions of a family contract, the department shall reduce the family's amount of assistance by terminating benefits that apply to that noncomplying adult.
2.
Participation.
A recipient of TANF shall participate in an education, training or employment program pursuant to this chapter unless exempt under paragraph A, B or C. The following individuals are exempt:
3.
Custodial parents not yet 20 years of age.
A custodial parent under 20 years of age who is a recipient of TANF and has not completed high school or its equivalent shall participate in the ASPIRE-TANF program regardless of the age of the youngest child and attend courses to complete high school, with an emphasis on education in a traditional high school setting.
4.
Households headed by minor parents.
The following requirements apply to a custodial parent who is under 18 years of age and is not married:
5.
Home visit.
The department may implement a home visit program in which a representative of the department may visit the homes of all applicants for and recipients of TANF for the following purposes:
6.
Substantiation of eligibility.
The department may appropriately substantiate the facts supporting eligibility stated in any application for TANF assistance. The department shall adopt rules for substantiating relevant facts. The rules must provide for assisting the applicant in obtaining substantiating information when necessary.
7.
Earned income tax credit.
The department shall advise applicants and recipients of Temporary Assistance for Needy Families regarding the federal earned income tax credit, including the opportunity to receive it as an advanced payment.
8.
Alternative aid.
The department shall provide alternative aid to applicants who seek short-term assistance in order to obtain or retain employment. The applicants must meet the eligibility requirements established by rule adopted pursuant to section 3762, subsection 3, paragraph A. The alternative aid may not exceed 3 times the value of the monthly TANF grant for which the applicant's family is eligible. An eligible applicant may receive alternative aid no more than once during any 12-month period. If the family reapplies for TANF within 3 months of receiving alternative aid, the family shall repay any alternative aid received in excess of the amount that the family would have received on TANF. The method of repayment must be the same as that used for the repayment of unintentional overpayments in the TANF program.
9.
Emergency assistance.
The department shall establish and operate a program of emergency assistance to needy families with children. This program must provide benefits to needy families with children in emergency situations in which the family is deprived of the basic necessities essential to its support, including but not limited to, fire and other natural disasters, terminations of utility service or lack of adequate shelter.
10.
Home survival skills.
The department shall provide and may contract with public and private nonprofit agencies to provide instruction and experiential education for TANF recipients in nutrition, food preparation and home and money management.
11.
Restrictions on use of electronic benefits transfer system.
A recipient of benefits under this chapter may not expend those benefits using the electronic benefits transfer system established in section 22 for the purchase of the following:
12.
Penalties.
When the department determines based on clear and convincing documentary evidence that a recipient of benefits under this chapter has knowingly purchased a product or service in violation of subsection 11, that recipient is deemed to have received an overpayment in the amount of the prohibited purchase, which may be recovered by the department pursuant to chapter 1055‑A. The recipient is also subject to the following additional penalties:

Legislative History

PL 1997, c. 530, §A16 (NEW). PL 2005, c. 522, §1 (AMD). PL 2011, c. 380, Pt. PP, §§3, 4 (AMD). PL 2013, c. 588, Pt. D, §4 (AMD). PL 2015, c. 484, §1 (AMD). PL 2017, c. 208, §§1, 2 (AMD). PL 2017, c. 409, Pt. A, §4 (AMD). PL 2021, c. 97, §§1, 2 (AMD). PL 2021, c. 669, §5 (REV). PL 2023, c. 679, Pt. C, §4 (AMD).