Kan. Admin. Regs. § 30-4-50 - Assistance eligibility
(a)
General requirements. This regulation shall apply to the TANF and foster care
programs except as noted in subsection (b) for TANF.
K.A.R.
30-4-51 through
30-4-55
shall apply to all public assistance programs specified in
K.A.R.
30-4-34.
(b) Time-limited assistance. A family group
shall not be eligible for TANF if at least one of the following conditions is
met:
(1) The family group contains at least
one adult member who has received TANF, including similar assistance received
in any other state, for 24 calendar months beginning on and after October 1,
1996, unless a hardship extension has been granted or certain months of TANF
assistance were determined to be an exception and were not counted towards the
time limit, allowing receipt of TANF until the 36-month limit is reached. A
hardship extension shall be granted under any of the following conditions:
(A) The TANF recipient is a caretaker of a
disabled family member living in the household. The nature and duration of the
disability shall be verified by a medical professional.
(B) The TANF adult has a disability that
precludes employment on a long-term basis or requires substantial
rehabilitation. Verification shall be obtained from a medical
professional.
(C) The TANF adult
needs an extension of the time limit to overcome the effects of domestic
violence or sexual assault.
(D) The
family is involved with DCF prevention and protection services and has an open
social service plan.
(E) A hardship
is presented by the family, and a determination is made by a DCF executive
review team that an additional 12 months of TANF would benefit the
family.
(2) The family
group contains at least one adult member who has received a Kansas diversion
payment and has received TANF, including assistance similar to TANF in another
state for 18 calendar months beginning on and after October 1, 1996, unless a
hardship extension has been granted, allowing receipt of TANF until the
30-month limit is reached.
(3) The
family group has received TANF for any 24 calendar months beginning on and
after October 1, 1996, during which time one or more adult family members
residing in the family group were ineligible due to the provisions of
K.A.R.
30-4-54(b),
K.A.R.
30-4-140(d), or subsections
(c) and (d) of this regulation.
(c) Denial of assistance for fugitive felons
and probation and parole violators. Assistance shall not be provided to a
fugitive from justice by reason of a felony conviction or charge, or to a
person who is violating a condition of probation or parole imposed under
federal or state law.
(d)
Requirements for special projects. Certain eligibility requirements may be
waived by the secretary, and additional eligibility requirements for all, or
designated areas, of the state may be adopted by the secretary for the purpose
of utilizing special project funds or grants or for the purpose of conducting
special demonstration or research projects.
(e) TANF suspicion-based drug testing.
Suspicion-based drug testing shall be mandatory for applicants and recipients
if there appears to be unlawful use of a controlled substance or controlled
substance analog. The definition and list of controlled substances shall be as
specified in
K.S.A.
39-709(l)(9)(B) and (C), and
amendments thereto.
(1) TANF assistance shall
not be provided to each individual who meets any of the following conditions:
(A) Tests positive for illegal drug
use;
(B) fails to complete drug
testing; or
(C) refuses to undergo
drug testing.
(2) The
periods of ineligibility for each individual who tests positive for illegal
drug use shall be as follows:
(A) For the
first positive drug test, the individual shall be ineligible until the
individual completes substance abuse treatment and the skills training
course.
(B) For the second positive
drug test, the individual shall be ineligible for one year or shall complete a
substance abuse treatment program and the skills training course, whichever is
later.
(C) For the third positive
drug test, the individual shall be ineligible for that person's
lifetime.
(3) The
periods of ineligibility for each individual who fails or refuses to complete
drug testing shall be as follows:
(A) For the
first failure or refusal to complete drug testing, the individual shall be
ineligible for six months from the date of failure or refusal. To regain
eligibility for TANF, the individual shall undergo drug testing and, if
necessary, complete substance abuse treatment and skills training.
(B) For the second failure or refusal to
complete drug testing, the individual shall be ineligible for 12 months from
the date of failure or refusal. To regain eligibility for TANF, the individual
shall undergo drug testing and, if necessary, complete substance abuse
treatment and the skills training course.
(C) For any subsequent failure or refusal,
the individual shall be ineligible for that person's lifetime.
(4) For each positive test,
failure, or refusal to test, a protective payee shall be named for the family
group. Each protective payee shall be subject to suspicion-based drug
testing.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.