RELATES TO:
KRS
205.010,
205.2005,
205.703,
205.720(1),
403.720(2),
45 C.F.R.
260-265, Part
1626.2(b),
7 U.S.C.
2011-2036,
8 U.S.C.
1101-1524,
21 U.S.C.
802(6),
22 U.S.C.
7102(11),
7105,
38 U.S.C.
101,
107,
1101,
1301,
1304,
5303A(d),
42 U.S.C.
416,
601-619,
1381-1384,
1396,
Pub. L.
111-118
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary to promulgate all administrative regulations authorized by applicable
state laws necessary to operate the programs and fulfill the responsibilities
vested in the cabinet or to qualify for the receipt of federal funds and
necessary to cooperate with other state and federal agencies for the proper
administration of the cabinet and its programs.
KRS
205.2003(1) requires the
secretary to promulgate administrative regulations to develop a work program
for recipients of public assistance under Title IV-A of the Federal Social
Security Act, 42 U.S.C.
601 to
619.
KRS
205.200(2) requires the
secretary to promulgate administrative regulations prescribing the conditions
of eligibility for public assistance in conformity with
42 U.S.C.
602 and federal regulations.
KRS
205.200(3) authorizes the
secretary to promulgate administrative regulations prescribing as a condition
of eligibility that a needy child regularly attend school, and the degree of
relationship of the person or persons in whose home the needy child must
reside. This administrative regulation establishes the technical requirements
of eligibility for the Kentucky Transitional Assistance Program (KTAP).
Section 1. Definitions.
(1) "Assistance" is defined by
45 C.F.R.
260.31.
(2) "Barriers" means a limitation in an
individual's ability to become employed and self-sufficient or to comply with
KTAP requirements.
(3) "Battered or
subjected to extreme cruelty" is defined by
45 C.F.R.
1626.2(b).
(4) "Benefit group" means a group composed of
one (1) or more children and may include as a specified relative a person
pursuant to Section 6 of this administrative regulation.
(5) "Child" means "minor child" as defined by
45 C.F.R.
260.30.
(6) "Domestic violence and abuse" is defined
by KRS
403.720(2).
(7) "Family member" means an individual:
(a) Related by blood, marriage, or adoption
to a child or a work-eligible individual, as defined by
45 C.F.R.
261.2(n), in the benefit
group; or
(b) Who is a member of an
unmarried couple and has a child in the benefit group in common with the
work-eligible individual, as defined by
45 C.F.R.
261.2(n).
(8) "Kentucky Transitional
Assistance Program" or "KTAP" means Kentucky's Temporary Assistance for Needy
Families (TANF) cash assistance program for eligible families with a child
living in the home.
(9) "Kentucky
Works Program" or "KWP" means the program established in
921 KAR 2:370.
(10) "Minor teenage parent" means an
individual who:
(a) Has not attained eighteen
(18) years of age;
(b) Is not
married, or is married and not living with the spouse; and
(c) Has a minor child in the applicant's or
recipient's care.
(11)
"Penalized individual" means a person who is required to be included in the
benefit group, but fails to fulfill an eligibility requirement that causes a
reduction in benefits of the benefit group. If otherwise eligible, a penalized
individual remains a member of the benefit group.
(12) "Qualified immigrant" means an immigrant
lawfully admitted for permanent residence pursuant to
8 U.S.C.
1101 to
1524.
(13) "Sanctioned individual" means a person
who is required to be included in the benefit group, but who is excluded from
the benefit group due to failure to fulfill an eligibility
requirement.
(14) "Second chance
home" means an entity that:
(a) Provides a
minor teenage parent a supportive and supervised living arrangement;
and
(b) Requires a minor teenage
parent to learn:
1. Parenting skills,
including child development;
2.
Family budgeting;
3. Health and
nutrition; and
4. Other skills to
promote long-term economic independence and the well-being of the child of the
minor teenage parent.
(15) "Severe form of trafficking in persons"
is defined by 22 U.S.C.
7102(11).
(16) "Striker" means an employed individual
who is participating in:
(a) A work
stoppage;
(b) A concerted slowdown
of work; or
(c) An interruption of
operations at his or her place of employment.
(17) "Supplemental Security Income" or "SSI"
means a monthly cash payment made pursuant to:
(a)
42 U.S.C.
1381 to
1384 to the aged, blind, or
persons with a disability;
(18) "Two parent case" means KTAP benefits
paid to a family if both parents live in the home and are both required to
participate in the KWP.
(19) "Work"
means participation in a KWP activity pursuant to
921 KAR 2:370, Section
2(1)(c).
Section 2.
Eligible Parent.
(1) An eligible parent shall
include the natural, adopted, or adjudicated parent of the child.
(2) An adjudicated parent shall include an
administrative establishment of the relationship.
(3) A stepparent shall not be an eligible
parent.
Section 3. Age
and School Attendance.
(1) The definition of
"child" shall be met for at least one (1) person living in the home.
(2) Verification of school attendance shall
be required for a:
(a) Child who is eighteen
(18) years of age, in order to determine his or her continuing eligibility;
or
(b) Minor teenage parent
pursuant to Section 15(1) of this administrative regulation.
(3) Unless the parent states the
child shall not reenter school, a child shall be considered in regular
attendance in a month he or she is not attending because of:
(a) Official school or training program
vacation;
(b) Illness;
(c) Convalescence; or
(d) Family emergency.
(4) Verification of a high school diploma for
a child under age eighteen (18) who is a high school graduate shall be
required.
Section 4.
Enumeration.
(1) A person included in the KTAP
case shall furnish his or her Social Security number or apply for a number if
one (1) has not been issued.
(2)
Refusal to furnish the Social Security number or apply for a number shall
result in the ineligibility of the person whose Social Security number is not
furnished.
(3) The cabinet shall
assist an individual in making application for a Social Security number, if
needed.
Section 5.
Residence and Citizenship.
(1) Residence. A
resident shall be an individual who:
(a) Is
living in the state voluntarily and not for a temporary purpose; or
(b)
1.
Entered the state with a job commitment or seeking employment; and
2. Is not receiving assistance funded by a
block grant program pursuant to
42 U.S.C.
601 to
619 from another state.
(2) Citizenship.
(a) Except as provided in paragraphs (b) and
(c) of this subsection, KTAP shall be provided only to a United States
citizen.
(b) A qualified immigrant
who entered the United States before August 22, 1996, who is otherwise eligible
for KTAP, shall be eligible for assistance.
(c) A qualified immigrant who entered the
United States on or after August 22, 1996, shall not be eligible for KTAP for a
period of five (5) years beginning on the date of the immigrant's entry into
the United States with the following exceptions:
1. An immigrant who is admitted to the United
States as a refugee pursuant to
8 U.S.C.
1157;
2. An immigrant who is granted asylum
pursuant to 8 U.S.C.
1158;
3. An immigrant whose deportation is being
withheld pursuant to:
a.
8 U.S.C.
1253, as in effect prior to April 1, 1997;
or
4. An immigrant who is lawfully
residing in Kentucky and is:
a. A veteran
pursuant to 38 U.S.C.
101,
107,
1101, or
1301 with a discharge
characterized as an honorable discharge and not on account of immigrant
status;
b. On active duty other
than active duty for training in the Armed Forces of the United States and who
fulfills the minimum active duty service requirements pursuant to
38 U.S.C.
5303A(d);
c. The spouse or un-remarried surviving
spouse if the marriage fulfills the requirements in
38 U.S.C.
1304, or unmarried dependent child of an
individual described in clause a or b of this subparagraph;
d. A victim, a child of a victim, or spouse
of a victim of a severe form of trafficking in persons who is admitted to the
United States pursuant to 22
U.S.C.
7105; or
e. A parent or a sibling of a victim of a
severe form of trafficking in persons who is admitted to the United States
pursuant to 22 U.S.C.
7105 and is under eighteen (18) years of
age;
5. An immigrant who
is a Cuban or Haitian entrant pursuant to
8 U.S.C.
1522;
6. An immigrant who is admitted to the United
States as an Amerasian immigrant pursuant to
8 U.S.C.
1101; or
7. An immigrant admitted to the United States
as an Afghan or Iraqi special immigrant on or after December 19, 2009, in
accordance with
Pub. L.
111-118,
Section
8120.
(d) Failure of the parent or other adult
applying for or receiving benefits to verify citizenship or immigrant status
shall cause the needs of the parent or other adult to be removed from the
case.
Section
6. Living with a Specified Relative.
(1) To be eligible for KTAP, a child shall be
living in the home of a relative as follows:
(a) A blood relative, including a relative of
a half-blood sibling;
(b) A person
listed in paragraph (a) of this subsection if the alleged father has had
relationship established through the administrative determination process
pursuant to Section 7 of this administrative regulation;
(c) An adoptive parent, the natural and other
legally adopted child and other relative of the adoptive parent; or
(d) A relative by marriage, even if the
marriage may have terminated, if termination occurred after the birth of the
child.
1. A couple that has been considered
married by a state with a common-law marriage provision shall be considered
married in Kentucky for KTAP eligibility purposes; and
2. The statement of the applicant or
recipient that the couple's marriage is recognized from another state as a
common-law marriage shall be accepted as verification by the cabinet.
(2) Cash assistance
shall not be provided for a child who is absent, or expected to be absent, from
the home for a period of thirty (30) consecutive days or more unless good cause
exists. Good cause for absence, or expected absence, of the child from the home
for a period of thirty (30) consecutive days or more shall exist if the parent
or relative caregiver continues to exercise care and control of the child and
the child is absent due to:
(a) Medical
care;
(b) Attendance at school,
including boarding school;
(c)
College or vocational school;
(d)
Foster care, as verified by the cabinet; or
(e) A short visit with a friend or relative
if it is intended that the child will return to the home and the parent or
specified relative caregiver maintains parental control of the child.
(3)
(a) A child shall be removed from the benefit
group the first administratively feasible month following thirty (30)
consecutive days from the date the child is placed in foster care.
(b) If the only eligible child in the benefit
group is absent due to foster care, the otherwise eligible parent or parents in
the benefit group shall:
1. Remain eligible
for sixty (60) days from the date the child is placed in foster care;
and
2. Be discontinued the first
administratively feasible month following sixty (60) days from the date the
child is placed in foster care if no other eligible child is in the benefit
group.
(4)
(a) If a parent or specified relative
caregiver fails to notify the cabinet of a thirty (30) consecutive day or more
absence of the child for a reason other than one (1) of the good cause reasons
listed in subsection (2) of this section, the parent or specified relative
caregiver shall not be eligible for his or her share of KTAP benefits during
the period of the child's unreported absence of thirty (30) consecutive days or
more.
(b) Ineligible benefits
received by the parent or specified relative and child during the period of the
child's unreported absence of thirty (30) consecutive days or more shall be
recouped pursuant to
921 KAR 2:016, Section
11.
Section
7. Administrative Establishment of Relationship.
(1) An administrative determination of
relationship as established in this administrative regulation shall be used
only to establish relationship for KTAP eligibility if the following type of
evidence is present:
(a) A birth certificate
listing the alleged parent;
(b)
Legal document which shall include:
1.
Hospital record;
2. Juvenile court
record;
3. Will; or
4. Other court record that clearly indicates
the relationship of the alleged parent or specified relative
caregiver;
(c) Receipt
of statutory benefits as a result of the alleged parent's
circumstance;
(d) Documents
declaring voluntary paternity as specified in
901 KAR 5:070, Section 1;
or
(e) A sworn statement or
affidavit of either parent acknowledging relationship plus one (1) of the
following:
1. School record;
2. Bible record;
3. Immigration record;
4. Naturalization record;
5. Church document, such as baptismal
certificate;
6. Passport;
7. Military record;
8. U.S. Census record; or
9. Notarized statement or affidavit from an
individual having specific knowledge about the relationship between the alleged
parent and child.
(2) Rebuttal of administrative relationship
shall occur if the parent or, in the absence of the parent, the caretaker
relative:
(a) Alleges the evidence pursuant to
subsection (1)(a) or (b) of this section is erroneous;
(b) Provides substantiation of the erroneous
information; and
(c) Provides a
notarized statement or affidavit:
1.
Acknowledging the erroneous information; and
2. Containing the correct information on the
actual alleged parent.
(3) Presence of the notarized statement or
affidavit pursuant to subsection (2)(c) of this section shall serve as rebuttal
to the evidence present in subsection (1)(a) or (b) of this section and a
determination of relationship shall not be acknowledged.
Section 8. One
(1) Category of Assistance.
(1) A child or adult relative shall not be
eligible for KTAP if receiving SSI.
(2) If a child who receives SSI meets the
KTAP eligibility requirements and is living in the home of a specified
relative, the specified relative caregiver shall be approved for KTAP if all
other eligibility factors are met.
(3) If a child who receives foster care
benefits meets the KTAP eligibility requirements and is living in the home of a
specified relative, the specified relative caregiver shall be approved for KTAP
if all other eligibility factors are met.
Section 9. Strikers.
(1) A family shall be ineligible for benefits
for a month the parent, with whom the child is living on the last day of the
month, is participating in a strike.
(2) A specified relative other than the
parent shall be ineligible for benefits for a month if, on the last day of the
month, the relative is participating in a strike.
Section 10. Work Registration. An adult
applicant or recipient of the KTAP benefit group shall register for work
pursuant to
921 KAR 2:370, Section
4(3).
Section 11. Assessment. A
work-eligible individual, as defined by
45 C.F.R.
261.2(n), shall complete an
assessment pursuant to
921 KAR 2:370.
Section 12. Kentucky Works Program. The
technical requirements for participation in the Kentucky Works Program (KWP)
shall be pursuant to
921 KAR 2:370.
Section 13. Cooperation in Child Support
Activities.
(1) In cooperation with the
Department for Income Support, the Department for Community Based Services
shall attempt to secure parental support, and if necessary establish paternity,
for a child receiving assistance who has a parent absent from the home due to:
(a) Divorce;
(b) Desertion;
(c) Birth out-of-wedlock;
(d) Legal separation;
(e) Forced separation; or
(f) Marriage annulment.
(2) With the exception of a good cause
reason, pursuant to subsections (4) and (5) of this section, avoidance of the
twenty-five (25) percent reduction of the amount of the payment maximum in KTAP
benefits pursuant to subsection (7) of this section shall be dependent upon the
applicant's or recipient's cooperation in child support activities that shall
include:
(a) Identifying the noncustodial
parent or obligor;
(b) Providing
information to assist in the:
1. Location of
the noncustodial parent or obligor;
2. Enforcement of a child support order;
or
3. Review or modification of a
child support order;
(c)
Establishing paternity, if required;
(d) Establishing, modifying or enforcing a
child support order; and
(e)
Forwarding a child support payment received to the state's centralized
collection agency.
(3)
The cabinet shall inform the applicant or recipient of the individual's right
to file a good cause claim for refusing to cooperate in a child support
activity.
(4) The applicant or
recipient shall be excused from penalty for failure to cooperate with a child
support activity, pursuant to subsection (2) of this section, if one (1) of the
following criteria is met:
(a) Cooperation is
reasonably anticipated to result in physical or emotional harm of a serious
nature to the:
1. Child; or
2. Caretaker relative to an extent that it
would reduce the capacity to care for the child adequately;
(b) The child was conceived as a
result of incest or forcible rape and the cabinet believes it would be
detrimental to the child to require the applicant's or recipient's
cooperation;
(c) Legal proceedings
for adoption of the child by a specific family are pending before a court of
competent jurisdiction and the cabinet believes it would be detrimental to the
child to require the applicant's or recipient's cooperation; or
(d) The applicant or recipient is being
assisted by a public or licensed private social service agency to resolve
whether to keep the child or release the child for adoption if:
1. Discussion has not gone on for more than
three (3) months; and
2. The
cabinet believes it would be detrimental to the child to require the
applicant's or recipient's cooperation.
(5) Unless an extension is granted, the
applicant or recipient shall have thirty (30) days from the date the good cause
claim is made to provide evidence to substantiate the claim.
(a) Evidence used to determine good cause
shall include:
1. Birth certificate, medical
information, or law enforcement record indicating that the child was conceived
as a result of incest or forcible rape;
2. Court document or other record indicating
legal proceedings for adoption of the child by a specific family is pending
before a court of competent jurisdiction;
3. Record or other evidence indicating the
noncustodial parent, or obligor, or the alleged parent might inflict physical
or emotional harm on the child or caretaker relative;
4. A written statement from a public or
licensed private social service agency that assistance is being given to the
applicant or recipient to resolve the issue of whether to keep the child or
relinquish the child for adoption, and the issue has not been pending more than
three (3) months; or
5. Notarized
statement from an individual, other than the applicant or recipient, with
knowledge of the circumstance that provides the basis for the good cause
claim.
(b) In each good
cause determination based upon anticipation of serious emotional harm to the
child or caretaker relative, the following shall be considered:
1. The present emotional state of the
individual subject to emotional harm;
2. The emotional health history of the
individual;
3. The extent and
probable duration of the individual's emotional impairment; and
4. The extent of involvement required by the
individual in establishing paternity or enforcing a support
obligation.
(c) If the
good cause claim is based on the anticipation of physical harm to the child or
caretaker relative, and corroborative evidence is not submitted, the cabinet
shall conduct an investigation if it is believed that:
1. Corroborative evidence is not available;
and
2. The claim is credible
without corroborative evidence.
(d) If the cabinet conducts an investigation
of a good cause claim, it shall not contact the noncustodial parent or obligor,
or the alleged parent regarding support, unless the contact is necessary to
establish the good cause claim.
(e)
If it is necessary for the cabinet to contact the noncustodial parent, or
obligor, or the alleged parent during the investigation of a good cause claim,
the worker shall notify the applicant or recipient of the proposed contact to
either:
1. Obtain permission for the contact;
or
2. Enable the applicant or
recipient to:
a. Present additional evidence
or information so that the contact shall be unnecessary;
b. Withdraw the application for assistance or
request discontinuance of KTAP; or
c. Have the good cause claim
denied.
(6) After receipt of evidence to substantiate
the good cause claim or conducting an investigation, the cabinet shall:
(a) Document the case;
(b) Determine that good cause:
1. Exists and a support activity cannot be
initiated without endangering the:
a. Best
interests of the child; or
b.
Physical or emotional health of the child or the relative; or
2. Does not exist;
(c) Advise the applicant or
recipient of the result of the good cause claim determination; and
(d) Identify each case that good cause is
established, but may be subject to change, for subsequent review.
(7) If the specified relative
refuses to cooperate without good cause criteria being claimed, or claimed but
not considered to be met by the cabinet, KTAP benefits shall be reduced by
twenty-five (25) percent of the amount of the maximum payment for the
appropriate family size pursuant to Section 9 of
921 KAR 2:016.
(8) If, after the reduction of the KTAP
payment for failure to cooperate, the specified relative states he or she will
cooperate, the cabinet shall:
(a) Remove the
twenty-five (25) percent reduction in benefits effective the first
administratively feasible month if the individual states he or she will
cooperate and verification of cooperation is provided timely; and
(b) Not authorize a back payment for the
period the individual did not cooperate.
(9) As a condition of eligibility for
assistance, each applicant for, or recipient of, KTAP shall make an assignment
of rights to the state for support that the applicant or recipient may have
from any other person in accordance with
KRS
205.720(1). The assignment
shall:
(a) Include all members of the case
for whom support rights apply; and
(b) Be completed at the time of application
for KTAP benefits.
Section
14. Potential Entitlement for Other Programs.
(1) An applicant or recipient shall apply for
and comply with the requirements to receive another benefit if potential
entitlement exists.
(2) Failure to
apply for another benefit or comply with its requirements shall result in
ineligibility for KTAP.
(3) If an
applicant or recipient voluntarily reduces the amount of benefits received from
another source, other than for the purpose of reimbursing the source for a
previous overpayment, this action shall result in ineligibility.
Section 15. Minor Teenage Parents.
(1) A minor teenage parent shall participate
in an educational activity directed toward the attainment of a high school
diploma, or its equivalent, or a cabinet approved alternate education or
training program if the individual has:
(a) A
minor child at least twelve (12) weeks of age in his or her care; and
(b) Not completed a high school education (or
its equivalent).
(2)
Except pursuant to subsection (4) of this section, a minor teenage parent and
his or her minor child shall reside in:
(a) A
place of residence maintained by:
1. A
parent;
2. A legal guardian;
or
3. An adult relative pursuant to
Section 6 of this administrative regulation; or
(b) An appropriate adult supervised
supportive living arrangement, that includes a second chance home or maternity
home, taking into consideration the needs and barriers of the minor teenage
parent.
(3) The cabinet
shall provide or assist the minor teenage parent in locating a second chance
home, maternity home, or other appropriate adult supervised supportive living
arrangement if the:
(a) Minor teenage parent
does not have a:
1. Parent, legal guardian, or
appropriate adult relative pursuant to Section 6 of this administrative
regulation who is living or whose whereabouts is known; or
2. Living parent, legal guardian, or other
appropriate adult relative pursuant to Section 6 of this administrative
regulation who:
a. Otherwise meets applicable
state criteria to act as the legal guardian of the minor teenage parent;
and
b. Would allow the minor
teenage parent to live in the home of the parent, guardian, or relative
pursuant to Section 6 of this administrative regulation; or
(b) Cabinet determines:
1. The minor teenage parent or the minor
child of the teenage parent is being or has been subjected to serious physical
or emotional harm, sexual abuse, or exploitation in the residence of the minor
teenage parent's own parent or legal guardian; or
2. Substantial evidence exists of an act or
failure to act that presents an imminent or serious harm if the minor teenage
parent and the minor child lived in the same residence with the minor teenage
parent's own parent or legal guardian.
(4) The requirement in subsection (2) of this
section shall be waived if the cabinet determines:
(a) Living in the place of residence
maintained by the parent, legal guardian, or adult relative pursuant to Section
6 of this administrative regulation is not in the best interest of the minor
child taking into consideration the needs of the minor child; or
(b) The minor teenage parent's current living
arrangement is appropriate.
(5) If a circumstance changes and the current
arrangement ceases to be appropriate based on the needs and barriers of the
minor teenage parent, the cabinet shall assist the minor teenage parent in
finding an alternate appropriate arrangement.
(6) If the minor teenage parent is determined
to be ineligible for KTAP as a result of not complying with a provision found
in this section, payment shall continue for the eligible child of the minor
teenage parent.
(7) Even if
exemption criteria are met and the cabinet determines the minor teenage
parent's current living arrangement is appropriate, a minor teenage parent and
the child, who do not reside in a place of residence maintained by a parent,
legal guardian, other adult relative pursuant to Section 6 of this
administrative regulation, second chance home, or maternity home, shall be
considered an adult regarding benefit time limitations pursuant to Section 16
of this administrative regulation.
Section 16. Benefit Time Limits.
(1) KTAP, or any other assistance from a
federally-funded program pursuant to
42 U.S.C.
601 to
619, shall not be provided for
more than sixty (60) cumulative months to a benefit group that includes:
(a) An adult; or
(b) A minor teenage parent who is head of
household.
(2) After
assistance has been received for sixty (60) months, an otherwise eligible
benefit group containing one (1) of the following individuals shall be allowed
an extension of the sixty (60) month time limit, during the period the
individual:
(a) Is battered or subjected to
extreme cruelty. During the extension period the individual shall have an
individual service plan pursuant to Section 19(1)(b) of this administrative
regulation;
(b) Is a work-eligible
individual in the benefit group, who the cabinet determines has a physical or
mental disability. During the extension period, the individual shall comply
with:
1. Treatment or other activity
recommended by the referral source and approved by the cabinet, as required by
the Kentucky Works Program pursuant to
921 KAR 2:370, Sections 2(1)(c)12
and 4(2); and
2. Child support
cooperation requirements pursuant to Section 13 of this administrative
regulation;
(c) In
accordance with 45 C.F.R.
261.2(n)(2)(i), is a parent
providing care for a disabled family member living in the home as verified
pursuant to
921 KAR 2:370, Section 3(5).
During the extension period, the individual shall comply with child support
cooperation requirements pursuant to Section 13 of this administrative
regulation;
(d) Is a grandparent or
other relative, except for a parent, caring for an eligible child who would
otherwise be placed in foster care. The caretaker relative shall continue to
comply with:
1. Child support cooperation
requirements pursuant to Section 13 of this administrative regulation;
and
2. Except for a caretaker
relative age sixty (60) or over, KWP requirements pursuant to
921 KAR 2:370 if the caretaker
relative is included in the benefit group;
(e) Is an adult with insufficient employment
opportunities, who:
1. Has complied with:
b. Child support cooperation requirements
pursuant to Section 13 of this administrative regulation;
2. During the extension period, shall:
a. Comply with:
(ii) Child support cooperation requirements
pursuant to Section 13 of this administrative regulation;
(iii) Employment opportunities and activities
listed on the KW-202, KTAP Transitional Assistance Agreement, incorporated by
reference in and pursuant to
921 KAR 2:370, Section 4(2);
and
(iv) Work registration
requirements pursuant to
921 KAR 2:370, Section 4(3);
and
b. Not quit or
refuse a job without good cause pursuant to
921 KAR 2:370, Section 6;
and
3. Shall be limited
to an extension period of six (6) consecutive months; or
(f)
1.
Received a domestic violence and abuse exemption pursuant to Section 19(2) of
this administrative regulation, up to the number of months the individual
received KTAP during the domestic violence and abuse exemption.
2. During the extension period, the
individual shall comply with:
a. Child support
cooperation requirements pursuant to Section 13 of this administrative
regulation; and
(3) If
otherwise eligible, a benefit group containing a member who has lost a job,
through no fault of the recipient, within thirty (30) days of reaching the
sixty (60) month time limit shall receive a three (3) consecutive month
extension of the time limitation.
(4) A benefit group that receives an
extension to the sixty (60) months' time limit shall be reviewed:
(a) Every six (6) months for an extension
pursuant to subsection (2)(a), (c), or (f) of this section;
(b) Every three (3) months for an extension
pursuant to subsection (2)(e) of this section;
(c) Every three (3) months or the medical
review team review period for an extension pursuant to subsection (2)(b) of
this section; or
(d) Annually for
an extension pursuant to subsection (2)(d) of this section.
(5) The cabinet shall send a
notice containing a list of the hardship extensions, pursuant to subsection (2)
of this section, to a benefit group nearing the sixty (60) month time
limit.
(6) A benefit group
discontinued from KTAP due to reaching the sixty (60) month time limitation
shall receive a notice pursuant to
921 KAR 2:046, Section
4.
(7) The cabinet shall conduct a
review at least two (2) months prior to the expiration of the sixty (60) month
time limit to:
(a) Determine if the benefit
group meets criteria established for a hardship extension pursuant to
subsection (2) of this section; and
(b) Inform the benefit group of safety net
services, pursuant to
922 KAR 1:400, Section
5.
(8)
(a) KTAP shall not be provided to a benefit
group, pursuant to Section 2(1) of
921 KAR 2:016, that includes an
adult, or minor teenage parent pursuant to Section 15(7) of this administrative
regulation, who has:
1. Received six (6)
cumulative months of assistance from a federally funded program pursuant to
42 U.S.C.
601 to
619; and
2. Been penalized for failure to cooperate in
KWP, pursuant to
921 KAR 2:370, for a period of
three (3) cumulative months.
(b) An adult or minor teenage parent in
paragraph (a) of this subsection shall receive assistance if the individual:
2. Meets the technical requirements
established in this administrative regulation; and
(9) Time limitations
shall apply to a:
(a) Sanctioned individual;
or
(b) Penalized
individual.
Section
17. Receiving Assistance in Two (2) or More States.
(1) KTAP assistance shall be denied for ten
(10) years to a person who has been convicted in federal or state court of
having made a fraudulent statement or representation committed after August 22,
1996, with respect to the place of residence of the individual in order to
receive assistance simultaneously from two (2) or more states for:
(a) A program pursuant to:
(b) Benefits received under SSI.
(2) The requirement in subsection
(1) of this section shall not apply to a conviction for a month beginning after
the granting of a pardon by the President of the United States with respect to
the conduct that was the subject of the conviction.
(3) An individual in subsection (1) of this
section living with a child receiving assistance shall be required to cooperate
in KWP in accordance with
921 KAR 2:370.
Section 18. Fugitive Felons.
(1) KTAP assistance shall not be provided to
an individual:
(a) Fleeing to avoid
prosecution, or custody or confinement after conviction, for a crime, or an
attempt to commit a crime, committed or attempted to be committed after August
22, 1996, that is a felony; or
(b)
Violating a condition of probation or parole imposed under federal or state
law.
(2) Subsection (1)
of this section shall not apply with respect to conduct of an individual for a
month beginning after the President of the United States grants a pardon with
respect to the conduct.
(3) An
individual in subsection (1) of this section living with a child receiving
assistance shall be required to cooperate in KWP in accordance with
921 KAR 2:370.
Section 19. Domestic Violence and
Abuse.
(1)
(a) A KTAP applicant or recipient shall be
screened for a history of domestic violence and abuse.
(b) If the applicant or recipient is
identified as a survivor of domestic violence and abuse, an appropriate
services plan shall be required for the individual. The plan shall:
1. Be developed by a provider of domestic
violence and abuse services;
2.
Reflect the individualized assessment and a revision made by a
redetermination;
3. Include
appropriate referral to counseling and supportive services based on the needs
and barriers identified in the individualized assessment, as determined by the
cabinet;
4. Be designed to lead
safely to employment; and
5. Be
completed at least every six (6) months.
(2) If compliance with the following KTAP
requirements would make it more difficult for an individual receiving KTAP to
escape domestic violence and abuse or unfairly penalize the individual who is a
survivor of domestic violence and abuse, the individual shall not be required
to meet:
(a) Residency requirements pursuant
to Section 5 of this administrative regulation;
(b) Child support cooperation requirements
pursuant to Section 13 of this administrative regulation;
(c) Time limitations, for so long as
necessary and otherwise eligible, pursuant to Section 16 of this administrative
regulation; or