“Applicant” means a person for whom assistance is being requested, parent(s) living in the home with the child(ren), and the nonparental relative as defined in 441—subrule 41.22(3) who is requesting assistance for the child(ren). “Assistance unit” includes any person whose income is considered when determining eligibility or the family investment program grant amount. “Casino, gambling casino, or gaming establishment” means an establishment with a primary purpose of accommodating the wagering of money. It does not include: 1. A grocery store that sells groceries including staple foods and that also offers, or is located within the same building or complex as, casino, gambling, or gaming activities; or 2. Any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business. An automated teller machine (ATM) or a point-of-sale (POS) terminal located within those areas of an establishment where individuals are banned due to age restrictions associated with gambling, established by state or federal law or by any other regulatory entity having the authority to do so, is considered to be in a casino, gambling casino, or gaming establishment. “Central office” means the state administrative office of the department. “Change in income” means a permanent change in hours worked or rate of pay, any change in the amount of unearned income, or the beginning or ending of any income. “Dependent” means an individual who can be claimed by another individual as a dependent for federal income tax purposes. “Dependent child” or “dependent children” means a child or children who meet the nonfinancial eligibility requirements of the family investment program. “Electronic benefit transfer transaction” means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service. “Income in kind” is any gain or benefit that is not in the form of money payable directly to the eligible group including nonmonetary or in-kind benefits, such as meals, clothing, and vendor payments. Vendor payments are money payments that are paid to a third party and not to the eligible group. “Initial two months” means the first two consecutive months for which assistance is paid. This may include a month for which a partial payment is made. “Liquor store” means any retail establishment that sells exclusively or primarily intoxicating liquor or other alcoholic beverages. Such term does not include a grocery store that sells both intoxicating liquor and groceries including staple foods (within the meaning of Section 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. §2012(r)) as amended to December 31, 2024). Unless exempt as described in this definition, a retail establishment meets the definition of a liquor store when it has a North American Industry Classification System (NAICS) number that categorizes the retail establishment as either a beer, wine and liquor store or as a drinking place (alcoholic beverages). A retail establishment that does not have either type of NAICS code is considered to exclusively or primarily sell intoxicating liquor when 95 percent or more of the retail establishment’s gross sales are from Human Services[441] IAC 5/14/25 Ch 40, p.1 intoxicating liquor and it is not a United States Department of Agriculture-certified Supplemental Nutrition Assistance Program (SNAP) retailer. “Medical institution,” as used in this title, means a facility that is organized to provide medical care, including nursing and convalescent care, in accordance with accepted standards as authorized by state law and as evidenced by the facility’s license. A medical institution may be public or private. Medical institutions include the following: 1. Hospitals. 2. Extended care facilities (skilled nursing). 3. Intermediate care facilities. 4. Mental health institutions. 5. Hospital schools. “Needy specified relative” means a nonparental specified relative, listed in 441—subrule 41.22(3), who meets all the eligibility requirements to be included in the family investment program. “Parent” means a legally recognized parent, including an adoptive parent, or a biological father if there is no legally recognized father. “Payment month” means the calendar month for which assistance is paid. “Payment standard” means the total needs of a group as determined by adding need according to the schedule of basic needs, described in 441—subrule 41.28(2), to any allowable special needs, described in 441—subrule 41.28(3). “Promoting independence and self-sufficiency through employment, job opportunities, and basic skills (PROMISE JOBS) program” means the department’s work and training program as described in 441—Chapter 93. “Prospective budgeting” means the determination of eligibility and the amount of assistance for a calendar month based on the best estimate of income and circumstances that will exist in that calendar month. “Qualified alien” means an alien: 1. Who is lawfully admitted for permanent residence in the United States under the Immigration and Nationality Act (INA) as amended to December 31, 2024; 2. Who is granted asylum in the United States under Section 208 of the INA as amended to December 31, 2024; 3. Who is a refugee admitted to the United States under Section 207 of the INA as amended to December 31, 2024; 4. Who is paroled into the United States under Section 212(d)(5) of the INA as amended to December 31, 2024, for a period of at least one year; 5. Whose deportation from the United States is withheld under Section 243(h) of the INA as in effect before April 1, 1997, or under Section 241(b)(3) of the INA as amended to December 20, 2010; 6. Who is granted conditional entry to the United States pursuant to Section 203(a)(7) of the INA as in effect before April 1, 1980; 7. Who is admitted to the United States as an Amerasian as described in 8 U.S.C. §1612(b)(2)(A)(ii) (V) as amended to December 31, 2024; 8. Who is a Cuban/Haitian entrant to the United States as described in 8 U.S.C. §1641(b)(7) as amended to December 31, 2024; 9. Who is a battered alien as described in 8 U.S.C. §1641(c) as amended to December 31, 2024; or 10. Who is certified as a victim of trafficking as described in Section 107(b)(1)(A) of Public Law 106-386 as amended to December 20, 2010. “Qualifying quarters” means all of the qualifying quarters of coverage as defined under Title II of the Social Security Act as amended to December 31, 2024, that were worked by a parent of an alien while the alien was under the age of 18 and all of the qualifying quarters that were worked by a spouse of the alien during their marriage if the alien remains married to the spouse or the spouse is deceased. No qualifying quarter of coverage that is creditable under Title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien if the parent or spouse of the alien received any federal means-tested public benefit during the period for which the qualifying quarter is so credited. Human Services[441] Ch 40, p.2 IAC 5/14/25 “Recipient” means a person for whom assistance is paid, parent(s) living in the home with the eligible child(ren) and nonparental relative as defined in 441—subrule 41.22(3) who is receiving assistance for the child(ren). Unless otherwise specified, a person is not a recipient for any month in which the assistance issued for that person is subject to recoupment because the person was ineligible. “Retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment” means an establishment that includes live entertainment at locations such as but not limited to strip clubs and gentlemen’s clubs. It also includes stores and theaters that exclusively or primarily sell or feature adult-oriented videos and movies such as but not limited to adult book stores and adult movie theaters. A retail establishment meets this definition when the department has confirmed the primary nature of the business through the description on the business’s website, phone contact with the establishment, a site visit, or other means such as common local knowledge. “Standard of need” means the total needs of a group as determined by adding need according to the schedule of living costs, described in 441—subrule 41.28(2), to any allowable special needs, described in 441—subrule 41.28(3). “Stepparent” means a person who is not the parent of the dependent child, but is the legal spouse of the dependent child’s parent, by ceremonial or common-law marriage. “Unborn child” will include an unborn child during the entire term of the pregnancy. [ARC 9276C, IAB 5/14/25, effective 7/1/25]

an application form prescribed by the department. The application shall be signed by the applicant, the applicant’s authorized representative or, when the applicant is incompetent or incapacitated, someone acting responsibly on the applicant’s behalf. When both parents, or a parent and a stepparent, are in the home and eligibility is determined on a family or household basis, one parent or stepparent may sign the application and attest to the information for the assistance unit. 40.22(1) Each individual wishing to do so will have the opportunity to apply for assistance without delay. When the parent is in the home with the child and is not prevented from acting as payee by reason of physical or mental impairment, this parent shall make the application. 40.22(2) An applicant may be assisted by other individuals in the application process; the client may be accompanied by such individuals in contact with the department, and when so accompanied, may also be represented by them. When the applicant has a guardian, the guardian shall participate in the application process. 40.22(3) The applicant shall immediately be given an application form to complete. When the applicant requests that the form be mailed, the department will send the necessary forms in the next outgoing mail. 40.22(4) A new application is not required when adding a new person to the eligible group or when a parent or a stepparent becomes a member of the household. 40.22(5) Reinstatement. a. Assistance will be reinstated without a new application when all necessary information is provided before the effective date of cancellation and eligibility can be reestablished, or the family meets the conditions described in 441—subparagraph 41.30(3)“f”(9). Exception: The reinstatement provisions of subrule 40.22(5) do not apply when assistance is canceled due to the imposition of a subsequent limited benefit plan as described in 441—subrule 41.24(8) unless the limited benefit plan is stopped as described in 441—paragraph 41.24(8)“g” or “h.” b. When assistance has been canceled for failure to provide requested information, assistance will be reinstated without a new application if all information necessary to establish eligibility, including verification of any changes, is provided within 14 days of the effective date of cancellation and eligibility can be reestablished. If the fourteenth calendar day falls on a weekend or state holiday, the client shall have until the next business day to provide the information. The effective date of assistance will be the date all information required to establish eligibility is provided. c. When assistance has been canceled for failure to return a completed review form pursuant to subrule 40.27(3), assistance will be reinstated without a new application if the completed form is received Human Services[441] IAC 5/14/25 Ch 40, p.3 by the department within 14 days of the effective date of cancellation and eligibility can be reestablished. If the fourteenth calendar day falls on a weekend or state holiday, the client shall have until the next business day to provide the information. The effective date of assistance will be the date the review form prescribed by the department is received. d. When assistance has been canceled for failure to complete a required review interview, assistance will be reinstated without a new application if the interview is completed and all necessary information to determine eligibility, including verification of any changes, is provided within 14 days of the effective date of cancellation and eligibility is reestablished. If the fourteenth calendar day falls on a weekend or state holiday, the client shall have until the next business day to provide the information. The effective date of assistance will be the date the interview is completed. [ARC 9276C, IAB 5/14/25, effective 7/1/25]

by the department is received by the department. When an application is delivered to a closed office, it will be considered received on the first day that is not a weekend or state holiday following the day that the office was last open. 40.23(1) The date of application is also the date an identifiable application is received by a designated worker who is in any disproportionate share hospital, federally qualified health center or other facility in which outstationing activities are provided. The hospital, health center or other facility will forward the application to the department office that is responsible for the completion of the eligibility determination. 40.23(2) An identifiable application is an application containing a legible name and address that has been signed. 40.23(3) A new application is not required when adding a person to an existing eligible group. This person is considered to be included in the application that established the existing eligible group. However, in these instances, the date of application to add a person is the date the change is reported. When it is reported that a person is anticipated to enter the home, the date of application to add the person will be the date of the report. a. In those instances where a person previously excluded from the eligible group as described in 441—subrule 41.27(11) is to be added to the eligible group, the date of application to add the person is the date the person indicated willingness to cooperate. b. Exceptions: (1) When adding a person who was previously excluded from the eligible group for failing to comply with 441—subrule 41.22(13), the date of application to add the person is the date the social security number or proof of application for a social security number is provided. (2) When adding a person who was previously excluded from the eligible group as described in 441— subrule 41.23(5), 441—subrule 41.25(5), or rule 441—46.29(239B), the date of application to add the person is the first day after the period of ineligibility has ended. (3) When adding a person who was previously excluded from the eligible group as described in 441—subrule 41.24(8), the date of application to add the person is the date the person signs a family investment agreement. 40.23(4) Grace period. a. When an application has been denied for failure to provide requested information, if all necessary information to establish eligibility, including verification of any changes, is provided within 14 days of the date of denial, a new application is not required. If the fourteenth calendar day falls on a weekend or state holiday, the applicant shall have until the next business day to provide the information. If eligibility can be established, the effective date of assistance is the date all of the information is provided. b. When an application has been denied for failure to attend an interview, if the interview is completed and all necessary information to establish eligibility, including verification of any changes, is provided within 14 days of the date of denial, a new application is not required. If the fourteenth calendar day falls on a weekend or state holiday, the applicant shall have until the next business day to provide the information. If eligibility can be established, the effective date of assistance is the date the interview is completed or the date all of the information is provided, whichever is later. [ARC 9276C, IAB 5/14/25, effective 7/1/25] Human Services[441] Ch 40, p.4 IAC 5/14/25

40.24(1) The decision with respect to eligibility will be based primarily on information furnished by the applicant. a. The applicant shall report no later than at the time of the interview any change as defined in paragraph 40.27(4)“e” that occurs after the application was signed. Any change that occurs after the interview shall be reported by the applicant within five days from the date the change occurred. b. The department will notify the applicant in writing of additional information or verification that is required to establish eligibility for assistance. Failure of the applicant to supply the information or verification requested or to request assistance and authorize the department to secure the requested information or verification from other sources will serve as a basis for denial of assistance. Signing a general authorization for release of information to the department does not meet this responsibility. (1) Five working days will be considered as a reasonable period for the applicant to supply the required information or verification. The department will extend the deadline when the applicant requests an extension because the applicant is making every effort to supply the information or verification but is unable to do so. (2) “Supply” means the requested information is received by the department by the specified due date. Any time taken beyond the required time frame will be considered a delay on the part of the applicant. c. When an individual is added to an existing eligible group, the five-day requirement for reporting changes will be waived. These individuals and eligible groups will be subject to the recipient’s ten-day reporting requirement as defined in subrule 40.27(4). 40.24(2) The department or the designated worker as described in subrule 40.23(1) will conduct a face-to-face or telephone interview with the applicant before approval of the application for assistance. a. The worker will assist the applicant, when requested, in providing information needed to determine eligibility and the amount of assistance. b. The application process shall include a visit, or visits, to the home of the child and the person with whom the child will live during the time assistance is granted under the following circumstances: (1) When it is the judgment of the worker or the supervisor that a home visit is required to clarify or verify information pertaining to the eligibility requirements; or (2) When the applicant requests a home visit for the purpose of completing a pending application. c. When adding an individual to an existing eligible group, the interview requirement may be waived. 40.24(3) Reserved. 40.24(4) The decision with respect to eligibility will be based on the applicant’s eligibility or ineligibility on the date the department enters all eligibility information into the department’s computer system. The applicant shall become a recipient on the date all eligibility information is entered into the department’s computer system and the computer system determines the applicant is eligible for aid. [ARC 9276C, IAB 5/14/25, effective 7/1/25]

possible, but no later than 30 days following the date of filing an application. A written notice of decision will be issued to the applicant the next working day following a determination of eligibility or ineligibility. This time standard shall apply except in unusual circumstances, such as when the department and the applicant have made every reasonable effort to secure necessary information that has not been supplied by the date the time limit expired; or because of emergency situations, such as fire, flood or other conditions beyond the administrative control of the department. When eligibility is dependent upon the birth of a child, the time limit may be extended while awaiting the birth of the child. When it becomes evident that due to an error on the part of the department, eligibility will not be established within the 30-day limit, the application will be approved pending a determination of eligibility. [ARC 9276C, IAB 5/14/25, effective 7/1/25]

becomes eligible for assistance, but in no case will the effective date be earlier than seven days following the date of application. When an individual is added to an existing eligible group, the individual will be Human Services[441] IAC 5/14/25 Ch 40, p.5 added effective as of the date the individual becomes eligible for assistance, but in no case will the effective date be earlier than seven days following the date the change is reported. When it is reported that a person is anticipated to enter the home, the effective date of assistance will be no earlier than the date of entry or seven days following the date of report, whichever is later. 40.26(1) When the change is timely reported as described in subrule 40.27(4), a payment adjustment will be made when indicated. When the individual’s presence is not timely reported as described in subrule 40.27(4), excess assistance issued is subject to recovery. 40.26(2) In those instances where a person previously excluded from the eligible group as described in 441—subrule 41.27(11) is to be added to the eligible group, the effective date of eligibility will be seven days following the date the person indicated willingness to cooperate. However, in no instance will the person be added until cooperation has actually occurred. Exceptions: When adding a person who was previously excluded from the eligible group for failing to comply with 441—subrule 41.22(13), the effective date of eligibility will be seven days following the date that the social security number or proof of application for a social security number is provided. 40.26(3) When adding a person who was previously excluded from the eligible group as described in 441—subrules 41.23(5) and 41.25(5) and rule 441—46.29(239B), the effective date of eligibility will be seven days following the date that the period of ineligibility ended. 40.26(4) When adding a person who was previously excluded from the eligible group as described in 441—subrule 41.24(8), the effective date of eligibility will be seven days following the date the person signs a family investment agreement or the date the person is otherwise eligible, whichever is later. In no case will the effective date be within the six-month ineligibility period of a subsequent limited benefit plan as described in 441—paragraph 41.24(8)“a.” [ARC 9276C, IAB 5/14/25, effective 7/1/25]

40.27(1) Eligibility factors will be reviewed at least every six months for the family investment program. An interview may be conducted at the time of a review. 40.27(2) A redetermination of specific eligibility factors will be made when: a. The recipient reports a change in circumstances. b. A change in the recipient’s circumstances comes to the attention of a staff member. 40.27(3) Information for semiannual reviews shall be submitted on a review form prescribed by the department. a. The department will supply the review form to the recipient as needed or upon request. The department will pay the cost of postage to return the form. (1) When the review form is issued in the department’s regular end-of-month mailing, the recipient shall return the completed form to the department by the fifth calendar day of the following month. (2) When the review form is not issued in the department’s regular end-of-month mailing, the recipient shall return the completed form to the department by the seventh day after the date it is mailed by the department. (3) A copy of a review form received by fax or electronically will have the same effect as an original form. b. When the client has completed the application form prescribed by the department for another purpose, this form may be used as the review document. c. The review form shall be signed by the payee, the payee’s authorized representative, or, when the payee is incompetent or incapacitated, someone acting responsibly on the payee’s behalf. 40.27(4) Responsibilities of recipients. For the purposes of this subrule, recipients shall include persons who received assistance subject to recoupment because the persons were ineligible. a. The recipient shall cooperate by giving complete and accurate information needed to establish eligibility and the amount of the family investment program grant. b. The recipient shall complete the required review form when requested by the department in accordance with subrule 40.27(3). Failure to return a completed form will result in cancellation of assistance. A completed form is a form with all items answered, signed, dated and accompanied by verification as required in 441—paragraphs 41.27(1)“i” and 41.27(2)“h.” Human Services[441] Ch 40, p.6 IAC 5/14/25 c. The recipient has the primary responsibility for providing information and verification needed to establish eligibility and the amount of the family investment program grant. The recipient shall supply, insofar as the recipient is able, information and verification needed within ten working days from the date a written request is mailed by the department to the recipient’s current mailing address or given to the recipient. The department will extend the deadline when the recipient requests an extension because the recipient is making every effort to supply the information or verification but is unable to do so. (1) “Supply” means that the requested information or verification is received by the department by the specified due date. (2) When the recipient is unable to furnish information or verification needed to establish eligibility and the amount of the family investment program grant, the recipient shall request assistance from the department. (3) Failure to supply the information or verification requested or to request assistance and authorize the department to secure the requested information or verification from other sources will serve as a basis for cancellation of assistance. Signing a general authorization for release of information to the department does not meet this responsibility. d. The recipient or applicant shall cooperate with the department when the recipient’s or applicant’s case is selected by quality control for verification of eligibility. The recipient or applicant shall also cooperate with the front end investigations conducted by the department of inspections, appeals, and licensing to determine whether information supplied to the department by the client is complete and correct regarding pertinent public assistance information unless the investigation revolves solely around the circumstances of a person whose income and resources do not affect family investment program eligibility (more information can be found in 481—Chapter 72). Failure to cooperate will serve as a basis for cancellation or denial of the family’s assistance. Once denied or canceled for failure to cooperate, the family may reapply but will not be considered for approval until cooperation occurs. e. The recipient, or an individual being added to the existing eligible group, shall timely report any change in the following circumstances: (1) Beginning or ending income, including receipt of a nonrecurring lump sum. (2) Resources. (3) Members of the household. (4) School attendance of a child. (5) Mailing or living address. (6) Receipt of a social security number. f. A report will be considered timely when made within ten days from: (1) The receipt of resources or income or the date income ended. (2) The date the address changes. (3) The date the child is officially dropped from the school rolls. (4) The date a person enters or leaves the household. (5) The receipt of a social security number. g. When a change is not timely reported, any excess assistance paid will be subject to recovery. 40.27(5) After assistance has been approved, eligibility for continuing assistance and the amount of the grant will be effective as of the first of each month. Any change affecting eligibility or benefits reported during a month will be effective the first day of the next calendar month except as follows: a. When the recipient reports a new person to be added to the eligible group and that person meets eligibility requirements, a payment adjustment will be made for the month of the report, subject to the effective date of grant limitations prescribed in rule 441—40.26(239B). b. When cancellation of assistance occurs later because issuance of a timely notice, as required by rule 441—16.2(17A), requires that the action be delayed until the first day of the second calendar month, any overpayment received in the first calendar month will be recouped. c. When the recipient reports a change in income or circumstances timely, as defined in subrule 40.24(1) or 40.27(4), the department will determine prospective eligibility and the grant amount for the following month based on the change. (1) A payment adjustment will be made when indicated. Human Services[441] IAC 5/14/25 Ch 40, p.7 (2) Recoupment will be made for any overpayment, with one exception. When a change in income is timely reported by a recipient and timely acted upon by the department, but the timely notice, as required by rule 441—16.2(17A), requires the action be delayed until the second calendar month following the month of change, and eligibility continues, recoupment will not be made. d. When an individual included in the eligible group becomes ineligible, that individual’s needs will be removed prospectively effective the first day of the next calendar month. When the action must be delayed due to administrative requirements, a payment adjustment or recoupment will be made when appropriate. e. When a sanction under 441—paragraph 41.22(6)“f” is implemented, the change will be effective: (1) The first day of the next calendar month after the change has occurred when the income maintenance unit determines noncooperation; or (2) After the income maintenance unit receives notification from the child support recovery unit when child support services determines noncooperation. f. When a sanction under 441—paragraph 41.22(6)“f” is removed, the change will be effective the first day of the next calendar month after the recipient has expressed willingness to cooperate, as described in 441—paragraph 41.22(6)“f.” However, action to remove the sanction will be delayed until: (1) Cooperation has actually occurred; or (2) The income maintenance unit has received notification from child support services that the client has cooperated. g. A different effective date will be applied when specifically indicated in family investment program rules, such as in 441—subrule 41.25(5) and 441—subparagraph 41.27(9)“c”(2). [ARC 9276C, IAB 5/14/25, effective 7/1/25]

department of inspections, appeals, and licensing. [ARC 9276C, IAB 5/14/25, effective 7/1/25]

40.29(1) Conservatorship or guardianship. When application for the family investment program is filed by a person under conservatorship or guardianship, a copy of the court order will be secured by the department. Assistance payments will be made pursuant to Iowa Code section 239B.13. 40.29(2) Emergency payee. Payments may be made to persons acting for relatives who have been receiving assistance for a child in emergency situations that deprive the child of the relatives’ care. These payments will be made for a temporary period, not to exceed three months, to allow time to make and implement plans for the child’s continuing care and support. [ARC 9276C, IAB 5/14/25, effective 7/1/25] These rules are intended to implement Iowa Code sections 239B.2, 239B.3, 239B.4, 239B.5, 239B.6, 239B.13 and 239B.18. [Filed June 23, 1955; amended August 30, 1972, June 3, 1975, June 27, 1975] [Filed 9/29/76, Notice 8/23/76—published 10/20/76, effective 11/24/76] [Filed 8/18/77, Notice 6/15/77—published 9/7/77, effective 10/12/77] [Filed 8/9/78, Notice 6/28/78—published 9/6/78, effective 11/1/78] [Filed 1/4/79, Notice 11/29/78—published 1/24/79, effective 3/1/79] [Filed emergency after Notice 9/6/79, Notice 7/11/79—published 10/3/79, effective 10/1/79] [Filed 10/24/79, Notice 8/22/79—published 11/14/79, effective 1/1/80] [Filed emergency 6/30/80—published 7/23/80, effective 7/1/80] [Filed 12/19/80, Notice 10/29/80—published 1/7/81, effective 2/11/81] [Filed without Notice 3/24/81—published 4/15/81, effective 6/1/81] [Filed emergency 6/30/81—published 7/22/81, effective 7/1/81] [Filed 6/30/81, Notice 4/29/81—published 7/22/81, effective 9/1/81] [Filed emergency 9/25/81—published 10/14/81, effective 10/1/81] [Filed emergency 10/23/81—published 11/11/81, effective 11/1/81] Human Services[441] Ch 40, p.8 IAC 5/14/25 [Filed 6/15/82, Notice 3/17/82—published 7/7/82, effective 9/1/82] [Filed emergency 7/1/82—published 7/21/82, effective 7/1/82] [Filed 7/1/82, Notice 4/28/82—published 7/21/82, effective 9/1/82] [Filed 9/1/83, Notice 6/22/83—published 9/28/83, effective 11/2/83] [Filed emergency 12/16/83—published 1/4/84, effective 1/1/84] [Filed 12/16/83, Notice 11/9/83—published 1/4/84, effective 2/8/84] [Filed 5/4/84, Notice 2/29/84—published 5/23/84, effective 7/1/84] [Filed emergency 9/28/84—published 10/24/84, effective 10/1/84] [Filed without Notice 9/28/84—published 10/24/84, effective 12/1/84] [Filed 9/28/84, Notice 8/15/84—published 10/24/84, effective 12/1/84] [Filed 12/11/84, Notice 10/10/84—published 1/2/85, effective 3/1/85] [Filed emergency 1/21/85—published 2/13/85, effective 2/1/85] [Filed 3/22/85, Notice 2/13/85—published 4/10/85, effective 6/1/85] [Filed 4/29/85, Notice 10/24/84—published 5/22/85, effective 7/1/85] [Filed 7/26/85, Notice 6/5/85—published 8/14/85, effective 10/1/85] [Filed 11/15/85, Notice 10/9/85—published 12/4/85, effective 2/1/86] [Filed emergency 5/28/86 after Notice 4/9/86—published 6/18/86, effective 6/1/86] [Filed emergency 7/25/86 after Notice 6/4/86—published 8/13/86, effective 8/1/86] [Filed 9/3/86, Notice 7/2/86—published 9/24/86, effective 11/1/86] [Filed 10/17/86, Notice 8/27/86—published 11/5/86, effective 1/1/87] [Filed 11/14/86, Notice 10/8/86—published 12/3/86, effective 2/1/87] [Filed emergency 1/15/87—published 2/11/87, effective 1/15/87] [Filed 9/24/87, Notice 8/12/87—published 10/21/87, effective 12/1/87] [Filed 2/17/88, Notice 12/30/87—published 3/9/88, effective 6/1/88] [Filed 4/13/89, Notice 3/8/89—published 5/3/89, effective 7/1/89] [Filed emergency 6/29/89 after Notice 5/3/89—published 7/26/89, effective 7/1/89] [Filed 12/15/89, Notice 7/26/89—published 1/10/90, effective 3/1/90] [Filed 4/13/90, Notice 3/7/90—published 5/2/90, effective 7/1/90] [Filed 7/10/91, Notice 5/29/91—published 8/7/91, effective 10/1/91] [Filed without Notice 9/18/91—published 10/16/91, effective 11/21/91] [Filed emergency 10/10/91—published 10/30/91, effective 11/21/91] [Filed 1/16/92, Notice 9/18/91—published 2/5/92, effective 4/1/92] [Filed 1/29/92, Notice 10/16/91—published 2/19/92, effective 3/25/92] [Filed emergency 6/11/92 after Notice 4/15/92—published 7/8/92, effective 7/1/92] [Filed 7/17/92, Notice 6/10/92—published 8/5/92, effective 10/1/92] [Filed emergency 9/17/93—published 10/13/93, effective 10/1/93] [Filed 12/16/93, Notice 10/13/93—published 1/5/94, effective 3/1/94] [Filed 2/16/95, Notice 11/23/94—published 3/15/95, effective 5/1/95] [Filed 8/15/96, Notice 5/8/96—published 9/11/96, effective 11/1/96] [Filed emergency 1/15/97—published 2/12/97, effective 3/1/97] [Filed 4/11/97, Notice 2/12/97—published 5/7/97, effective 7/1/97] [Filed 11/12/97, Notice 9/10/97—published 12/3/97, effective 2/1/98] [Filed 11/12/97, Notice 9/10/97—published 12/3/97, effective 3/1/98] [Filed emergency 1/14/98 after Notice 11/19/97—published 2/11/98, effective 2/1/98] [Filed 6/10/98, Notice 5/6/98—published 7/1/98, effective 9/1/98] [Filed 3/10/99, Notice 11/18/98—published 4/7/99, effective 5/31/99] [Filed 6/10/99, Notice 4/21/99—published 6/30/99, effective 9/1/99] [Filed 8/11/99, Notice 6/16/99—published 9/8/99, effective 11/1/99] [Filed 12/8/99, Notice 11/3/99—published 12/29/99, effective 3/1/00] [Filed 5/10/00, Notice 3/22/00—published 5/31/00, effective 8/1/00] Human Services[441] IAC 5/14/25 Ch 40, p.9 [Filed 9/12/00, Notice 7/12/00—published 10/4/00, effective 12/1/00] [Filed 10/11/00, Notice 8/23/00—published 11/1/00, effective 1/1/01] [Filed 6/13/01, Notice 4/18/01—published 7/11/01, effective 9/1/01] [Filed emergency 9/12/02 after Notice 7/24/02—published 10/2/02, effective 10/1/02] [Filed emergency 6/14/04—published 7/7/04, effective 7/1/04] [Filed 7/1/04, Notice 1/21/04—published 7/21/04, effective 9/1/04] [Filed 9/23/04, Notice 7/7/04—published 10/13/04, effective 11/17/04] [Filed emergency 11/16/05—published 12/7/05, effective 12/1/05] [Filed 10/20/06, Notice 8/30/06—published 11/8/06, effective 1/1/07] [Filed emergency 10/14/08 after Notice 8/27/08—published 11/5/08, effective 11/1/08] [Filed emergency 12/11/08 after Notice 10/8/08—published 1/14/09, effective 2/1/09] [Filed 12/15/08, Notice 10/22/08—published 1/14/09, effective 3/1/09] [Filed ARC 7740B (Notice ARC 7590B, IAB 2/25/09), IAB 5/6/09, effective 6/10/09] [Filed Emergency After Notice ARC 8500B (Notice ARC 8272B, IAB 11/4/09), IAB 2/10/10, effective 3/1/10] [Filed ARC 9439B (Notice ARC 9309B, IAB 12/29/10), IAB 4/6/11, effective 6/1/11] [Filed ARC 0148C (Notice ARC 0048C, IAB 3/21/12), IAB 6/13/12, effective 8/1/12] [Filed ARC 1478C (Notice ARC 1385C, IAB 3/19/14), IAB 6/11/14, effective 8/1/14] [Filed ARC 2812C (Notice ARC 2684C, IAB 8/17/16), IAB 11/9/16, effective 1/1/17] [Filed ARC 4573C (Notice ARC 4439C, IAB 5/22/19), IAB 7/31/19, effective 9/4/19] [Filed ARC 4973C (Notice ARC 4675C, IAB 9/25/19), IAB 3/11/20, effective 4/15/20] [Filed ARC 6496C (Notice ARC 6369C, IAB 6/15/22), IAB 9/7/22, effective 11/1/22] [Filed ARC 9276C (Notice ARC 8708C, IAB 1/8/25), IAB 5/14/25, effective 7/1/25] Human Services[441] Ch 40, p.10 IAC 5/14/25

41.21(1) Age. The family investment program (FIP) will be available to a needy child under the age of 18 years without regard to school attendance. A child is eligible for the entire month in which the child’s eighteenth birthday occurs unless the birthday falls on the first day of the month. The FIP will also be available to a needy child of 18 years who is a full-time student in a secondary school, or in the equivalent level of vocational or technical training, as defined in paragraph 41.24(2)“e,” and who is reasonably expected to complete the program before reaching the age of 19. 41.21(2) Reserved. 41.21(3) Residing with relative. The child must be living in the home of one of the relatives specified in subrule 41.22(3). When an unwed mother intends to place her child for adoption shortly after birth, the child will be considered as living with the mother until the time custody is actually relinquished. a. Living with relatives implies primarily the existence of a relationship involving an accepted responsibility on the part of the relative for the child’s welfare, including the sharing of a common household. b. Home is the family setting maintained or in the process of being established as evidenced by the assumption and continuation of responsibility for the child by the relative. [ARC 9277C, IAB 5/14/25, effective 7/1/25]

41.22(1) and 41.22(2) Reserved. 41.22(3) Specified relationship. a. A child may be considered as meeting the requirement of living with a specified relative if the child’s home is with one of the relatives listed in Iowa Code section 239B.1(13) or with a spouse of the relative even though the marriage is terminated by death or divorce. b. A relative of the putative father can qualify as a specified relative if the putative father has acknowledged paternity by the type of written evidence on which a prudent person would rely. c. The FIP is available to a child of unmarried parents the same as to a child of married parents when all eligibility factors are met. d. The presence of an able-bodied stepparent in the home will not disqualify a child for assistance, provided that other eligibility factors are met. 41.22(4) Liability of relatives. All appropriate steps will be taken to secure support from legally liable persons on behalf of all persons in the eligible group, including the establishment of paternity. a. When necessary to establish eligibility, the income maintenance unit will make the initial contact with the absent parent at the time of application. Subsequent contacts will be made by child support services. b. When contact with the FIP family or other sources of information indicate that relatives other than parents and spouses of the eligible children are contributing toward the support of members of the eligible group, have contributed in the past, or are of such financial standing they might reasonably be expected to contribute, the income maintenance unit will contact these persons to verify current contributions or arrange for contributions on a voluntary basis. 41.22(5) Referral to child support services. The income maintenance unit will provide prompt notice to child support services pursuant to Iowa Code section 239B.2(6). Human Services[441] IAC 6/10/26 Ch 41, p.1 a. A referral to child support services will not be made when a parent’s absence is occasioned solely by reason of the performance of active duty in the uniformed services of the United States. “Uniformed service” means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration, or Public Health Service of the United States. b. “Prompt notice” means within two working days of the date assistance is approved. 41.22(6) Cooperation in obtaining support. Each applicant for or recipient of the FIP shall cooperate with the department in establishing paternity and securing support for persons whose needs are included in the assistance grant, except when good cause as defined in subrule 41.22(8) for refusal to cooperate is established. a. The applicant or recipient must cooperate in the following areas: (1) Identifying and locating the parent of the child for whom aid is claimed. (2) Establishing the paternity of a child born out of wedlock for whom aid is claimed. (3) Obtaining support payments for the applicant or recipient and for a child for whom aid is claimed. b. Cooperation is defined as including the following actions by the applicant or recipient: (1) Appearing at the office of the income maintenance unit or child support services to provide verbal or written information or documentary evidence known to, possessed by, or reasonably obtained by the applicant or recipient that is relevant to achieving the objectives of the child support recovery program. (2) Appearing as a witness at judicial or other hearings or proceedings. (3) Providing information, or attesting to the lack of information, under penalty of perjury. (4) Paying to the department any cash support payments for a member of the eligible group, except as described in paragraph 41.27(7)“p,” received by a recipient after the date of decision as defined in 441—subrule 40.24(4). (5) Providing the name of the absent parent and additional necessary information. c. The applicant or recipient shall cooperate with the income maintenance unit in supplying information with respect to the absent parent, the receipt of support, and the establishment of paternity, to the extent necessary to establish eligibility for assistance and permit an appropriate referral to child support services. d. The applicant or recipient shall cooperate with child support services to the extent of supplying all known information and documents pertaining to the location of the absent parent and taking action as may be necessary to secure or enforce a support obligation or establish paternity. This includes completing and signing documents determined to be necessary by the state’s attorney for any relevant judicial or administrative process. e. In the circumstance as described in paragraph 41.22(6)“b”(4), the income maintenance unit will make the determination of whether or not the applicant or recipient has cooperated. In all other instances, child support services will make the determination of whether the applicant or recipient has cooperated. Child support services delegates the income maintenance unit to make this determination for applicants. f. Failure to cooperate will result in a sanction to the family. The sanction will be a deduction of 25 percent from the net cash assistance grant amount payable to the family before any deduction for recoupment of a prior overpayment. (1) When the income maintenance unit determines noncooperation, the sanction will be implemented after the noncooperation has occurred. The sanction will remain in effect until the client has expressed willingness to cooperate. However, any action to remove the sanction will be delayed until cooperation has occurred. (2) When child support services makes the determination, the sanction will be implemented upon notification from child support services to the income maintenance unit that the client has failed to cooperate. The sanction will remain in effect until the client has expressed to either income maintenance or child support services staff willingness to cooperate. However, any action to remove the sanction will be delayed until income maintenance is notified by child support services that the client has cooperated. 41.22(7) Assignment of support payments. a. Each applicant for or recipient of assistance shall assign to the department any rights to support pursuant to Iowa Code section 239B.6. Human Services[441] Ch 41, p.2 IAC 6/10/26 b. An assignment is effective the same date all eligibility information is entered into the department’s computer system and is effective for the entire period for which assistance is paid. 41.22(8) Good cause for refusal to cooperate. Good cause exists when it is determined that cooperation in establishing paternity and securing support is against the best interests of the child. a. The income maintenance unit will determine that cooperation is against the child’s best interest when the applicant’s or recipient’s cooperation in establishing paternity or securing support is reasonably anticipated to result in: (1) Physical harm to the child for whom support is to be sought; or (2) Emotional harm to the child for whom support is to be sought; or (3) Physical harm to the parent or caretaker relative with whom the child is living that reduces the person’s capacity to care for the child adequately; or (4) Emotional harm to the parent or caretaker relative with whom the child is living of a nature or degree that it reduces the person’s capacity to care for the child adequately. b. The income maintenance unit will determine that cooperation is against the child’s best interest when at least one of the following circumstances exists, and the income maintenance unit believes that because of the existence of that circumstance, in the particular case, proceeding to establish paternity or secure support would be detrimental to the child for whom support would be sought. (1) The child for whom support is sought was conceived as a result of incest or forcible rape. (2) Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction. (3) The applicant or recipient is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish the child for adoption, and the discussions have not gone on for more than three months. c. Physical harm and emotional harm shall be of a serious nature in order to justify a finding of good cause. A finding of good cause for emotional harm will be based only upon a demonstration of an emotional impairment that substantially affects the individual’s functioning. d. When the good cause determination is based in whole or in part upon the anticipation of emotional harm to the child, the parent, or the caretaker relative, the following will be considered: (1) The present emotional state of the individual subject to emotional harm. (2) The emotional health history of the individual subject to emotional harm. (3) Intensity and probable duration of the emotional impairment. (4) The degree of cooperation required. (5) The extent of involvement of the child in the paternity establishment or support enforcement activity to be undertaken. 41.22(9) Claiming good cause. Each applicant for or recipient of the FIP who is required to cooperate with child support services will have the opportunity to claim good cause for refusing to cooperate in establishing paternity or securing support payments. a. Before requiring cooperation, the income maintenance unit will notify the applicant or recipient using a form prescribed by the department of the right to claim good cause as an exception to the cooperation requirement and of all the requirements applicable to a good cause determination. b. The initial notice advising of the right to refuse to cooperate for good cause will: (1) Advise the applicant or recipient of the potential benefits the child may derive from the establishment of paternity and securing support. (2) Advise the applicant or recipient that by law cooperation in establishing paternity and securing support is a condition of eligibility for the FIP. (3) Advise the applicant or recipient of the sanctions provided for refusal to cooperate without good cause. (4) Advise the applicant or recipient that good cause for refusal to cooperate may be claimed; and that if the income maintenance unit determines, in accordance with these rules, that there is good cause, the applicant or recipient will be excused from the cooperation requirement. (5) Advise the applicant or recipient that upon request, or following a claim of good cause, the income maintenance unit will provide further notice with additional details concerning good cause. Human Services[441] IAC 6/10/26 Ch 41, p.3 c. When the applicant or recipient makes a claim of good cause or requests additional information regarding the right to file a claim of good cause, the income maintenance unit will issue a second notice on a form prescribed by the department. To claim good cause, the applicant or recipient shall sign and date this form and return it to the income maintenance unit. This form: (1) Indicates that the applicant or recipient must provide corroborative evidence of a good cause circumstance and must, when requested, furnish sufficient information to permit the income maintenance unit to investigate the circumstances. (2) Informs the applicant or recipient that, upon request, the income maintenance unit will provide reasonable assistance in obtaining the corroborative evidence. (3) Informs the applicant or recipient that on the basis of the corroborative evidence supplied and the department’s investigation when necessary, the income maintenance unit will determine whether cooperation would be against the best interest of the child for whom support would be sought. (4) Lists the circumstances under which cooperation may be determined to be against the best interests of the child. (5) Informs the applicant or recipient that child support services may review the income maintenance unit’s findings and basis for a good cause determination and may participate in any hearings concerning the issue of good cause. (6) Informs the applicant or recipient that child support services may attempt to establish paternity and collect support in those cases where the income maintenance unit determines that this can be done without risk to the applicant or recipient if done without the applicant’s or recipient’s participation. d. The applicant or recipient who refuses to cooperate and who claims to have good cause for refusing to cooperate has the burden of establishing the existence of a good cause circumstance. Failure to meet these requirements will constitute a sufficient basis for the income maintenance unit to determine that good cause does not exist. The applicant or recipient shall: (1) Specify the circumstances that the applicant or recipient believes provide sufficient good cause for not cooperating. (2) Corroborate the good cause circumstances. (3) When requested, provide sufficient information to permit an investigation. 41.22(10) Determination of good cause. The income maintenance unit will determine whether good cause exists for each applicant for or recipient of the FIP who claims to have good cause. a. The applicant or recipient shall be notified by the income maintenance unit of its determination that good cause does or does not exist. The determination will: (1) Be in writing. (2) Contain the income maintenance unit’s findings and basis for determination. (3) Be entered in the FIP case record. b. The determination of whether or not good cause exists will be made within 45 days from the day the good cause claim is made. The income maintenance unit may exceed this time standard only when: (1) The case record documents that the income maintenance unit needs additional time because the information required to verify the claim cannot be obtained within the time standard, or (2) The case record documents that the claimant did not provide corroborative evidence within the time period set forth in subrule 41.22(11). c. When the income maintenance unit determines that good cause does not exist: (1) The applicant or recipient will be so notified and afforded an opportunity to cooperate, withdraw the application for assistance, or have the case closed; and (2) Continued refusal to cooperate will result in the imposition of sanctions. d. The income maintenance unit will make a good cause determination based on the corroborative evidence supplied by the applicant or recipient only after the unit has examined the evidence and found that it actually verifies the good cause claim. e. Before making a final determination of good cause for refusing to cooperate, the income maintenance unit will: (1) Afford child support services the opportunity to review and comment on the findings and basis for the proposed determination, and Human Services[441] Ch 41, p.4 IAC 6/10/26 (2) Consider any recommendation from child support services. f. Child support services may participate in any appeal hearing that results from an applicant’s or recipient’s appeal of an agency action with respect to a decision on a claim of good cause. g. Assistance will not be denied, delayed, or discontinued pending a determination of good cause for refusal to cooperate when the applicant or recipient has specified the circumstances under which good cause can be claimed and provided the corroborative evidence and any additional information needed to establish good cause. h. The income maintenance unit will: (1) Periodically, but not less frequently than every six months, review those cases in which the agency has determined that good cause exists based on a circumstance that is subject to change. (2) When it determines that circumstances have changed so that good cause no longer exists, rescind its findings and proceed to enforce the requirements pertaining to cooperation in establishing paternity and securing support. 41.22(11) Proof of good cause. The applicant or recipient who claims good cause shall provide corroborative evidence within 20 days from the day the claim was made. In exceptional cases where the income maintenance unit determines that the applicant or recipient needs additional time because of the difficulty in obtaining the corroborative evidence, the income maintenance unit will allow a reasonable additional period upon approval by the worker’s immediate supervisor. a. A good cause claim may be corroborated with the following types of evidence. (1) Birth certificates or medical or law enforcement records that indicate that the child was conceived as the result of incest or forcible rape. (2) Court documents or other records that indicate that legal proceedings for adoption are pending before a court of competent jurisdiction. (3) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records that indicate that the putative father or absent parent might inflict physical or emotional harm on the child or caretaker relative. (4) Medical records that indicate emotional health history and present emotional health status of the caretaker relative or the child for whom support would be sought; or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or the child for whom support would be sought. (5) A written statement from a public or licensed private social agency that the applicant or recipient is being assisted by the agency to resolve the issue of whether to keep the child or relinquish the child for adoption. (6) Sworn statements from individuals other than the applicant or recipient with knowledge of the circumstances that provide the basis for the good cause claim. b. When, after examining the corroborative evidence submitted by the applicant or recipient, the income maintenance unit wishes to request additional corroborative evidence that is needed to permit a good cause determination, the income maintenance unit will: (1) Promptly notify the applicant or recipient that additional corroborative evidence is needed, and (2) Specify the type of document that is needed. c. When the applicant or recipient requests assistance in securing corroborative evidence, the income maintenance unit will: (1) Advise the applicant or recipient how to obtain the necessary documents, and (2) Make a reasonable effort to obtain any specific documents that the applicant or recipient is not reasonably able to obtain without assistance. d. When a claim is based on the applicant’s or recipient’s anticipation of physical harm and corroborative evidence is not submitted in support of the claim: (1) The income maintenance unit will investigate the good cause claim when the unit believes that the claim is credible without corroborative evidence and corroborative evidence is not available. (2) Good cause will be found when the claimant’s statement and the investigation that is conducted satisfy the income maintenance unit that the applicant or recipient has good cause for refusing to cooperate. Human Services[441] IAC 6/10/26 Ch 41, p.5 (3) A determination that good cause exists will be reviewed and approved or disapproved by the worker’s immediate supervisor and the findings will be recorded in the case record. e. The income maintenance unit may further verify the good cause claim when the applicant’s or recipient’s statement of the claim together with the corroborative evidence do not provide sufficient basis for making a determination. When the income maintenance unit determines that it is necessary, the unit may conduct an investigation of good cause claims to determine that good cause does or does not exist. f. When it conducts an investigation of a good cause claim, the income maintenance unit will: (1) Contact the absent parent or putative father from whom support would be sought when the contact is determined to be necessary to establish the good cause claim. (2) Prior to making the necessary contact, notify the applicant or recipient so the applicant or recipient may present additional corroborative evidence or information so that contact with the parent or putative father becomes unnecessary, withdraw the application for assistance or have the case closed, or have the good cause claim denied. 41.22(12) Enforcement without caretaker’s cooperation. When the income maintenance unit makes a determination that good cause exists, the unit will also make a determination of whether or not child support enforcement can proceed without risk of harm to the child or caretaker relative when the enforcement or collection activities do not involve the participation of the child or caretaker. a. Child support services will have an opportunity to review and comment on the findings and basis for the proposed determination, and the income maintenance unit will consider any recommendation from child support services. b. The determination will: (1) Be in writing, (2) Contain the income maintenance unit’s findings and basis for determination, and (3) Be entered into the FIP case record. c. When the income maintenance unit excuses cooperation but determines that child support services may proceed to establish paternity or enforce support, the income maintenance unit will notify the applicant or recipient to enable the individual to withdraw the application for assistance or have the case closed. 41.22(13) Furnishing of social security number. As a condition of eligibility each applicant for or recipient of and all members of the eligible group must furnish a social security account number or proof of application for a number if it has not been issued or is not known and provide the number upon its receipt. The requirement will not apply to a payee who is not a member of the eligible group. a. Assistance will not be denied, delayed, or discontinued pending the issuance or verification of the numbers when the applicant or recipient has complied with the requirements of subrule 41.22(13). b. When the mother of the newborn child is a current recipient, the mother shall have until the second month following the mother’s discharge from the hospital to apply for a social security account number for the child. c. When the applicant is a battered alien, as described in subrule 41.23(4), the applicant shall have until the month following the month the person receives employment authorization from the Immigration and Naturalization Service to apply for a social security account number. 41.22(14) Reserved. 41.22(15) Requiring minor parents to live with parent or legal guardian. A minor parent and the dependent child in the minor parent’s care must live in the home of a parent or legal guardian of the minor parent in order to receive FIP benefits unless good cause for not living with the parent or legal guardian is established. a. “Living in the home” includes living in the same apartment, same half of a duplex, same condominium or same row house as the adult parent or legal guardian. It also includes living in an apartment that is located in the home of the adult parent or legal guardian. b. For applicants, determination of whether the minor parent and child are living with a parent or legal guardian or have good cause must be made as of the date of the first application interview as described in 441—subrule 40.24(2). Human Services[441] Ch 41, p.6 IAC 6/10/26 (1) If, as of the date of this interview, the minor parent and child are living with a parent or legal guardian or are determined to have good cause, the FIP application for the minor parent and child will be approved as early as seven days from receipt of the application provided they are otherwise eligible. (2) If, as of the date of this interview, the minor parent and child are not living with a parent or legal guardian and do not have good cause, the FIP application for the minor parent and child will be denied. c. For recipients, when changes occur, continuing eligibility will be redetermined according to 441— subrules 40.27(4) and 40.27(5). d. A minor parent determined to have good cause for not living with a parent or legal guardian must attend the family development and self-sufficiency program or other family development as required in 441—subrule 93.4(4). 41.22(16) Good cause for not living in the home of a parent or legal guardian. Good cause exists when at least one of the following conditions applies: a. The parents or legal guardian of the minor parent is deceased, missing or living in another state. b. The physical or emotional health or safety of the minor parent or child would be jeopardized if the minor parent is required to live with the parent or legal guardian. (1) Physical or emotional harm shall be of a serious nature in order to justify a finding of good cause. (2) Physical or emotional harm shall include situations of documented abuse or incest. (3) When the good cause determination is based in whole or in part upon the anticipation of emotional harm to the minor parent or child, the following will be considered: 1. The present emotional state of the individual subject to emotional harm. 2. The emotional health history of the individual subject to emotional harm. 3. Intensity and probable duration of the emotional impairment. c. The minor parent is in a foster care supervised apartment living arrangement. d. The minor parent is participating in the job corps solo parent program. e. The parents or legal guardian refuses to allow the minor parent and child to return home and the minor parent is living with a specified relative, aged 21 or over, on the day of interview, and the caretaker is the applicant or payee. f. The minor parent and child live in a maternity home or other licensed adult-supervised supportive living arrangement as defined by the department. g. Other circumstances exist that indicate that living with the parents or legal guardian will defeat the goals of self-sufficiency and responsible parenting. Situations that appear to meet this good cause reason must be referred to the administrator of the division of community access and eligibility, or the administrator’s designee, for determination of good cause. 41.22(17) Claiming good cause for not living in the home of a parent or legal guardian. Each applicant or recipient who is not living with a parent or legal guardian will have the opportunity to claim good cause for not living with a parent or legal guardian. 41.22(18) Determination of good cause for not living in the home of a parent or legal guardian. The department will determine whether good cause exists for each applicant or recipient who claims good cause. a. The applicant or recipient will be notified by the department of its determination that good cause does or does not exist. The determination will: (1) Be in writing. (2) Contain the department’s findings and basis for determination. (3) Be entered in the FIP case record. b. When the department determines that good cause does not exist: (1) The applicant or recipient will be so notified. (2) The application will be denied or FIP assistance canceled. c. The department will: (1) Periodically, but not less frequently than every six months, review those cases in which the agency has determined that good cause exists based on a circumstance that is subject to change. (2) When it determines that circumstances have changed so that good cause no longer exists, rescind its findings and proceed to enforce the requirements. Human Services[441] IAC 6/10/26 Ch 41, p.7 41.22(19) Proof of good cause for not living in the home of a parent or legal guardian. The applicant or recipient who claims good cause shall provide corroborative evidence to prove the good cause claim within the time frames described in 441—subrule 40.24(1) and 441—paragraph 40.27(4)“c.” a. A good cause claim may be corroborated by one or more of the following types of evidence: (1) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records that indicate that the parent or legal guardian might inflict physical or emotional harm on the minor parent or child. (2) Medical records that indicate the emotional health history and present emotional health status of the minor parent or child; or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the minor parent or child. (3) Sworn statements from individuals other than the applicant or recipient with knowledge of the circumstances that provide the basis for the good cause claim. Written statements from the client’s friends or relatives are not sufficient alone to grant good cause based on physical or emotional harm, but may be used to support other evidence. (4) Notarized statements from the parents or legal guardian or other reliable evidence to verify that the parents or legal guardian refuse to allow the minor parent and child to return home. (5) Court, criminal, child protective services, social services or other records that verify that the parents or legal guardian of the minor parent is deceased, missing or living in another state, or that the minor parent is in a foster care supervised apartment living arrangement, the job corps solo parent program, maternity home or other licensed adult-supervised supportive living arrangement. b. When, after examining the corroborative evidence submitted by the applicant or recipient, the department wishes to request additional corroborative evidence that is needed to permit a good cause determination, the department will: (1) Promptly notify the applicant or recipient that additional corroborative evidence is needed. (2) Specify the type of document that is needed. c. When the applicant or recipient requests assistance in securing evidence, the department will: (1) Advise the applicant or recipient how to obtain the necessary documents. (2) Make a reasonable effort to obtain any specific documents that the applicant or recipient is not reasonably able to obtain without assistance. [ARC 9277C, IAB 5/14/25, effective 7/1/25]

41.23(1) Iowa residence. a. A resident of Iowa is one: (1) Who is living in Iowa voluntarily with the intention of making that person’s home there and not for a temporary purpose. A child is a resident of Iowa when living there on other than a temporary basis. Residence will not depend upon the reason for which the individual entered the state, except insofar as it may bear upon whether the individual is there voluntarily or for a temporary purpose; or (2) Who, at the time of application, is living in Iowa, is not receiving assistance from another state, and entered Iowa with a job commitment or seeking employment in Iowa, whether or not currently employed. Under this definition the child is a resident of the state in which the caretaker is a resident. b. Residence is retained until abandoned. Temporary absence from Iowa, with subsequent returns to Iowa, or intent to return when the purposes of the absence have been accomplished, does not interrupt continuity of residence. 41.23(2) Suitability of home. The home will be deemed suitable until the court has ruled it unsuitable and, as a result of such action, the child has been removed from the home. 41.23(3) Absence from the home. a. An individual who is absent from the home will not be included in the assistance unit, except as described in paragraph 41.23(3)“b.” (1) A parent who is a convicted offender but is permitted to live at home while serving a court- imposed sentence by performing unpaid public work or unpaid community service during the workday is considered absent from the home. Human Services[441] Ch 41, p.8 IAC 6/10/26 (2) A parent whose absence from the home is due solely to a pattern of employment is not considered to be absent. (3) A parent whose absence is occasioned solely by reason of the performance of active duty in the uniformed services of the United States is considered absent from the home, notwithstanding the provisions of subrule 41.22(5). “Uniformed service” means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration, or Public Health Service of the United States. b. The needs of an individual who is temporarily out of the home are included in the eligible group, if otherwise eligible. A temporary absence exists in the following circumstances: (1) An individual is anticipated to be in the medical institution for less than a year, as verified by a physician’s statement. Failure to return within one year will result in the individual’s needs being removed from the grant. (2) An individual is out of the home to secure education or training, as described for children in paragraph 41.24(2)“e” and for adults in rule 441—93.8(239B), first sentence, as long as the caretaker relative retains supervision of the child. (3) An individual is out of the home for reasons other than reasons in subparagraphs 41.23(3)“b”(1) and “b”(2) and the payee intends that the individual will return to the home within three months. Failure to return within three months will result in the individual’s needs being removed from the grant. 41.23(4) Battered aliens. A person who meets the conditions of eligibility under Iowa Code sections 239B.2 and 239B.2B is eligible for participation in the FIP. 41.23(5) Citizenship and alienage. a. Eligible status. An FIP assistance grant may include the needs of a citizen or national of the United States or a “qualified alien” as defined in rule 441—40.21(239B). (1) A person who is a “qualified alien” as defined in rule 441—40.21(239B) is not eligible for FIP assistance for a five-year period beginning on the date of the person’s entry into the United States with a qualified alien status. (2) Exceptions: The five-year prohibition from FIP assistance does not apply to: 1. A qualified alien residing in the United States before August 22, 1996. 2. A battered alien as described in subrule 41.23(4). 3. A qualified alien veteran who has an honorable discharge that is not due to alienage. 4. A qualified alien who is on active duty in the Armed Forces of the United States other than active duty for training. 5. A qualified alien who is the spouse or unmarried dependent child of a qualified alien described in numbered paragraph 41.23(5)“a”(2)“3” or “a”(2)“4,” including a surviving spouse who has not remarried. 6. A refugee admitted under Section 207 of the Immigration and Nationality Act (INA) as amended to December 31, 2024. 7. An alien granted asylum under Section 208 of the INA as amended to December 31, 2024. 8. An alien admitted as an Amerasian as described in 8 U.S.C. Section 1612(a)(2)(A)(ii)(V) as amended to December 31, 2024. 9. A Cuban/Haitian entrant as described in 8 U.S.C. Section 1641(b)(7) as amended to December 31, 2024. 10. An alien whose deportation is withheld under Section 243(h) or Section 241(b)(3) of the INA as amended to December 31, 2024. 11. An alien certified as a victim of trafficking as described in Section 107(b)(1)(A) of Public Law 106-386 as amended to December 31, 2024. 12. An Iraqi or Afghan immigrant treated as a refugee pursuant to Section 1244(g) of Public Law 110-181 as amended to December 20, 2010, or to Section 602(b)(8) of Public Law 111-8 as amended to December 20, 2010. b. Attestation of status. As a condition of eligibility, an attestation of citizenship or alien status shall be made for all applicants and recipients on an application form, a review form, or another attestation form prescribed by the department. A review form prescribed by the department may be used to attest to the citizenship of dependent children who enter a recipient household. Failure to sign a form attesting to Human Services[441] IAC 6/10/26 Ch 41, p.9 citizenship when required to do so creates ineligibility for the entire eligible group. The attestation may be signed by: (1) The applicant; (2) Someone acting responsibly on the applicant’s or recipient’s behalf if the applicant or recipient is incompetent or incapacitated; or (3) Any adult member of the assistance unit, when eligibility is determined on a family or household basis. [ARC 9277C, IAB 5/14/25, effective 7/1/25]

opportunities and basic skills (PROMISE JOBS) program. All persons in an FIP household will be referred to the PROMISE JOBS program, as defined in rule 441—93.1(239B), and shall enter into a family investment agreement (FIA) as a condition of receiving FIP unless exempt from referral, except as described in subrule 41.24(2). 41.24(1) FIA-responsible persons. The following persons are FIA-responsible unless the department determines the person is exempt: a. All persons whose needs are included in a grant under the FIP program. b. Any parent living in the home of a child receiving a grant. c. All FIP applicants unless the department determines that the applicant is exempt or does not meet other FIP eligibility requirements. d. Applicants who have chosen and are in an active limited benefit plan (LBP). FIA-responsible applicants in an active LBP shall complete significant contact with or action in regard to PROMISE JOBS as described in paragraphs 41.24(8)“d” and “e” for FIP eligibility to be considered. For two- parent households, both parents must participate as previously stated except when one parent is exempt. Exceptions: (1) The applicant has become exempt from PROMISE JOBS. (2) The applicant is in a subsequent LBP and it is prior to the last day of the six-month period of ineligibility. 41.24(2) Exemptions. The following persons are exempt from referral: a. and b. Reserved. c. A person who is under the age of 16 and is not a parent. d. A person found eligible for supplemental security income (SSI) benefits based on disability or blindness. e. A person who is aged 16 to 19, is not a parent, and attends an elementary, a secondary or an equivalent level of vocational or technical school full-time. For persons who lose exempt status for not attending school, once the person has signed an FIA, the person will remain referred to PROMISE JOBS and subject to the terms of the agreement. (1) A person will be considered to be attending school full-time when enrolled or accepted in an elementary school, a secondary school, or the equivalent level of vocational or technical school or training leading to a certificate or diploma, and the school certifies the person’s attendance as full-time. Enrollment in a correspondence school that gives instruction courses by mail is not an allowable program of study. (2) A person will also be considered to be in regular attendance in months when the person is not attending because of an official school or training program vacation, an illness, a convalescence, or a family emergency. (3) A child meets the definition of regular school attendance until the child has been officially dropped from the school rolls. f. A person who is not a United States citizen and is not a “qualified alien” as defined in 441—40.21(239B). 41.24(3) Parents aged 19 and under. a. Unless exempt as described in subrule 41.24(2), parents aged 18 or 19 are referred to PROMISE JOBS as follows: Human Services[441] Ch 41, p.10 IAC 6/10/26 (1) A parent aged 18 or 19 who has not successfully completed a high school education (or its equivalent) will be required to participate in educational activities, directed toward the attainment of a high school diploma or its equivalent. (2) The parent will be required to participate in other PROMISE JOBS options if the person fails to make good progress in completing educational activities or if it is determined that participation in educational activities is inappropriate for the parent. (3) The parent will be required to participate in parenting skills training in accordance with 441—Chapter 93. b. Unless exempt as described in subrule 41.24(2), parents aged 17 or younger are referred to PROMISE JOBS as follows: (1) A parent aged 17 or younger who has not successfully completed a high school education or its equivalent will be required to participate in high school completion activities, directed toward the attainment of a high school diploma or its equivalent. (2) The parent will be required to participate in parenting skills training in accordance with 441—Chapter 93. 41.24(4) Method of referral. The department will refer each FIA-responsible person as defined in subrule 41.24(1) to PROMISE JOBS to sign an FIA. a. FIA-responsible applicants. During the application interview, the department will notify the applicant of the requirement to sign an FIA as a condition of FIP eligibility. The department will refer the applicant by scheduling the applicant for an appointment with the PROMISE JOBS provider agency to develop the FIA. (1) The appointment will be on the earliest available date but no later than ten calendar days from the date of referral unless the applicant requests an appointment on a day that is beyond ten calendar days. The PROMISE JOBS provider agency shall make sufficient appointment times available to allow the applicant to be scheduled within this time frame. (2) The applicant will be notified verbally and in writing of the scheduled appointment. If the notice of a scheduled appointment is mailed to the applicant, the department will allow at least five working days from the date the notice is mailed for the applicant to appear for the scheduled appointment. The department may allow less than five working days if the applicant is verbally notified and agrees to the appointment. (3) If a parent fails to appear for an appointment without rescheduling or fails to sign an FIA, the department will deny FIP assistance for the entire family. (4) If a minor parent fails to appear for an appointment without rescheduling or fails to sign an FIA, the department will deny FIP assistance for the minor parent and any child of the minor parent. (5) If a referred person who is not a parent fails to appear for an appointment without rescheduling or fails to sign an FIA, the department will deny FIP assistance only for that person. b. Hardship applicants. While the eligibility decision is pending, unless the applicants are exempt from referral as defined in subrule 41.24(2), the department will refer applicants who must qualify for a hardship exemption before approval of FIP to PROMISE JOBS to sign an FIA as described in paragraph 41.24(4)“a” and will treat applicants in accordance with subrule 41.30(3). c. Applicants in an LBP. The department will refer FIA-responsible applicants to PROMISE JOBS as described in paragraph 41.24(4)“a” and inform the applicant of the actions needed to reconsider and end the LBP as described in subrule 41.24(8). Failure to appear for the appointment without rescheduling or failure to sign an FIA results in denial of the FIP application. d. FIP participants who become FIA-responsible. When a person receiving FIP is no longer exempt, the department will send the FIP participant a notice. The notice will contain information about the requirement to sign an FIA and will instruct the FIP participant to contact PROMISE JOBS within ten calendar days to schedule an appointment with PROMISE JOBS to develop an FIA. If the participant fails to schedule or attend the appointment or fails to sign an FIA, PROMISE JOBS will send a clear written reminder. After one written reminder as described in 441—paragraph 93.3(3)“b,” the participant will enter into an LBP as described in paragraph 41.24(8)“c.” Human Services[441] IAC 6/10/26 Ch 41, p.11 41.24(5) Changes in status and redetermination of exempt status. Any exempt person shall report any change affecting the exempt status to the department within ten days of the change. The department will reevaluate exempt persons when changes in status occur and at the time of six-month or annual review. The participant and the PROMISE JOBS unit will be notified of any change in a participant’s exempt status. 41.24(6) Reserved. 41.24(7) Referral to vocational rehabilitation. The department will make the department of education, division of vocational rehabilitation services, aware of any person who is referred to PROMISE JOBS and who has a medically determined physical or mental disability and a substantial employment limitation resulting from the disability. However, acceptance of vocational rehabilitation services by the client is optional. 41.24(8) LBP. When a participant responsible for signing and meeting the terms of an FIA chooses not to sign or fulfill the terms of the agreement, the FIP assistance unit or the individual participant will enter into an LBP. An LBP is considered imposed as of the date that a “timely” and “adequate notice” is issued to the participant as defined in rules 441—16.1(17A) and 441—16.2(17A). Once the LBP is imposed, FIP eligibility no longer exists as of the first of the month after the month in which timely and adequate notice is given to the participant. Upon the issuance of the notice to impose an LBP, the person who chose the LBP can reconsider and end the LBP, but only as described in paragraphs 41.24(8)“d” and “e.” a. An LBP shall either be a first LBP or a subsequent LBP. From the effective date of a first LBP, the FIP-eligible group or individual participant shall not be eligible until the participant who chose the LBP completes significant contact with or action in regard to the PROMISE JOBS program as defined in paragraph 41.24(8)“d.” If a subsequent LBP is chosen by the same participant, a six-month period of ineligibility applies to the FIP-eligible group or individual participant and ineligibility continues after the six-month period is over until the participant who chose the LBP completes significant contact with or action in regard to the PROMISE JOBS program as defined in paragraph 41.24(8)“e.” An LBP imposed in error as described in paragraph 41.24(8)“g” shall not be considered an LBP and shall not count when determining whether a household is subject to a subsequent LBP. b. The LBP shall be applied to participants responsible for the FIA and other members of the participant’s family as follows: (1) When the participant responsible for the FIA is a parent, the LBP shall apply to the entire FIP-eligible group as defined in subrule 41.28(1). (2) When the participant choosing an LBP is a needy specified relative or a dependent child’s stepparent who is in the FIP-eligible group because of incapacity, the LBP shall apply only to the individual participant choosing the plan. Exception: The LBP shall apply to the entire FIP-eligible group as defined in subrule 41.28(1) when a needy specified relative who assumes the role of parent was responsible for the FIA and chose an LBP effective October 1, 2005, or earlier. (3) When the FIP-eligible group includes a minor parent living with the minor parent’s adult parent or needy specified relative who receives FIP benefits and both the minor parent and the adult parent or needy specified relative are responsible for developing an FIA, each parent or needy specified relative is responsible for a separate FIA, and the LBP shall be applied as follows: 1. When the adult parent chooses the LBP, the requirements of the LBP shall apply to the entire eligible group, even though the minor parent has not chosen the LBP. However, the minor parent may reapply for FIP benefits as a minor parent living with self-supporting parents or as a minor parent living independently and continue in the FIA process. 2. When the minor parent chooses the LBP, the requirements of the LBP shall apply to the minor parent and any child of the minor parent. 3. When the minor parent is the only eligible child in the adult parent’s or needy specified relative’s home and the minor parent chooses the LBP, the adult parent’s or needy specified relative’s FIP eligibility ceases in accordance with subrule 41.28(1). The adult parent or needy specified relative shall become ineligible beginning with the effective date of the minor parent’s LBP. 4. When the needy specified relative chooses the LBP, the requirements of the LBP shall apply as described in subparagraph 41.24(8)“b”(2). Human Services[441] Ch 41, p.12 IAC 6/10/26 (4) When the FIP-eligible group includes children who are FIA-responsible, the children shall not have a separate FIA but shall be asked to sign the eligible group’s FIA and to carry out the responsibilities of that FIA. An LBP shall be applied as follows: 1. When the parent or needy specified relative responsible for an FIA meets those responsibilities but a child who is FIA-responsible chooses an individual LBP, the LBP shall apply only to the individual child choosing the plan. 2. When the child who chooses an LBP under numbered paragraph 41.24(8)“b”(4)“1” is the only child in the eligible group, the parents’ or needy specified relative’s eligibility ceases in accordance with subrule 41.28(1). The parents or needy specified relative shall become ineligible beginning with the effective date of the child’s LBP. (5) When the FIP-eligible group includes parents or needy specified relatives who are exempt from PROMISE JOBS participation and children who are FIA-responsible, the children are responsible for completing an FIA. If a child who is FIA-responsible chooses the LBP, the LBP shall be applied in the manner described in subparagraph 41.24(8)“b”(4). (6) When both parents of an FIP child are in the home, an LBP shall be applied as follows: 1. When only one parent of a child in the eligible group is responsible for an FIA and that parent chooses the LBP, the LBP applies to the entire family and cannot be ended by the voluntary participation in an FIA by the exempt parent. 2. When both parents of a child in the eligible group are responsible for an FIA, both are expected to sign the agreement. If either parent chooses the LBP, the LBP cannot be ended by the participation of the other parent in an FIA. 3. When the parents from a two-parent family in an LBP separate, the LBP shall follow only the parent who chose the LBP and any children in the home of that parent. 4. A subsequent LBP applies when either parent in a two-parent family previously chose an LBP. c. A participant shall be considered to have chosen an LBP under any of the following circumstances: (1) A participant who loses exempt status and is referred to PROMISE JOBS as described in paragraph 41.24(4)“d” and who does not schedule or attend an appointment for orientation and development of an FIA with PROMISE JOBS after PROMISE JOBS sends one clear written reminder as described in 441—paragraph 93.3(3)“b” shall enter into the LBP. (2) A participant who chooses not to sign the FIA shall enter into the LBP. For an applicant, signing an FIA is an FIP eligibility requirement. If an applicant chooses not to sign the agreement, the LBP process is not applicable. (3) A participant who signs an FIA but does not carry out the FIA responsibilities shall enter into an LBP whether the person signed the agreement as an FIP applicant or as an FIP participant. This includes a participant who fails to respond to the PROMISE JOBS worker’s request to renegotiate the FIA when the participant has not attained self-sufficiency by the date established in the FIA. An LBP shall be imposed regardless of whether the request to renegotiate is made before or after expiration of the FIA. d. Reconsideration of a first LBP. A person who chooses a first LBP may reconsider at any time from the date timely and adequate notice is issued establishing the LBP. To reconsider and end the LBP, the person must communicate the desire to engage in PROMISE JOBS activities to the department or appropriate PROMISE JOBS office and develop and sign the FIA. (1) Since a first LBP is considered imposed as of the date that a timely and adequate notice is issued, the person who chose the LBP cannot end it by complying with the issue that resulted in its imposition. To end the LBP, the person must also sign an FIA, even if the person had signed an agreement before choosing the LBP. (2) FIP benefits shall be effective the date the FIA is signed or the effective date of the grant as described in rule 441—40.26(239B), whichever date is later. FIP benefits may be reinstated in accordance with 441—subrule 40.22(5) when the FIA is signed before the effective date of a first LBP. e. Reconsideration of a subsequent LBP. A person who chooses a subsequent LBP may reconsider that choice at any time following the required six-month period of ineligibility. Human Services[441] IAC 6/10/26 Ch 41, p.13 (1) A subsequent LBP is considered imposed as of the date that a timely and adequate notice is issued to establish the LBP. Therefore, once timely and adequate notice is issued, the person who chose the LBP cannot end it by complying with the issue that resulted in its imposition. (2) FIP eligibility no longer exists as of the effective date of the LBP. Eligibility cannot be reestablished until the six-month period of ineligibility has expired. FIP eligibility does not exist for a person who reapplies for FIP after the notice is issued and before the effective date of the LBP because the person is not eligible to sign an FIA until the six-month period of ineligibility has expired. (3) To reconsider and end the LBP, the person must: 1. Contact the department or the appropriate PROMISE JOBS office to communicate the desire to engage in PROMISE JOBS activities, 2. Sign a new or updated FIA, and 3. Satisfactorily complete 20 hours of employment or the equivalent in an activity other than work experience or unpaid community service unless problems as described in rule 441—93.14(239B) or barriers as described in 441—subrule 93.4(5) apply. The 20 hours of employment or other activity must be completed within 30 days of the date that the FIA is signed unless problems as described in rule 441—93.14(239B) or barriers as described in 441—subrule 93.4(5) apply. (4) FIP benefits shall not begin until the person who chose the LBP completes the previously defined significant actions. FIP benefits shall be effective the date the FIA is signed or the effective date of the grant as described in rule 441—40.26(239B), whichever date is later, but in no case shall the effective date be within the six-month period of ineligibility. f. Reconsideration by two-parent family. For a two-parent family when both parents are responsible for an FIA as described in subrule 41.24(1), a first or subsequent LBP continues until both parents have completed significant contact or action with the PROMISE JOBS program as described in paragraphs 41.24(8)“d” and “e.” g. LBP imposed in error. An LBP imposed in error will not be considered an LBP. This includes any instance when participation in PROMISE JOBS should not have been required as described in the administrative rules. Examples of instances when an error has occurred are: (1) The person was exempt from PROMISE JOBS participation at the time the person chose the LBP. (2) It is verified that the person considered to have chosen the LBP moved out of state or requested cancellation of FIP prior to the date that PROMISE JOBS determined the LBP was chosen. (3) The final appeal decision under 441—Chapter 2506 reverses the decision to impose an LBP. (4) It is determined that the entire amount of assistance issued for the person who chose the LBP is subject to recoupment for the month when the person chose not to fulfill the terms of the FIA. (5) The person informs PROMISE JOBS of a newly revealed problem as described in rule 441—93.14(239B) or barrier as described in 441—subrule 93.4(5) after the LBP is imposed, and it is reasonable that the problem or barrier contributed to a failure that resulted in imposition of the LBP. The person may be required to provide documentation of the problem or barrier as described in 441—subrule 93.10(3). 41.24(9) Reserved. 41.24(10) Notification of services. a. The department will inform all applicants for and recipients of FIP of the advantages of employment under FIP. b. The department will provide a full explanation of the family rights, responsibilities, and obligations under PROMISE JOBS and the FIA, with information on the time-limited nature of the agreement. c. The department will provide information on the employment, education and training opportunities, and support services to which they are entitled under PROMISE JOBS, as well as the obligations of the department. This information will include explanations of child care assistance and transitional Medicaid. d. The department will inform applicants for and recipients of FIP benefits of the grounds for exemption from FIA responsibility and from participation in the PROMISE JOBS program. e. The department will explain the LBP and the process by which FIA-responsible persons can choose the LBP. Human Services[441] Ch 41, p.14 IAC 6/10/26 f. The department will inform all applicants for and recipients of FIP of their responsibility to cooperate in establishing paternity and enforcing child support obligations. g. The department will inform applicants for FIP benefits that an FIA must be signed before FIP approval as a condition of eligibility, except as described in subrule 41.24(2). [ARC 9277C, IAB 5/14/25, effective 7/1/25; Editorial change: IAC Supplement 6/10/26]

41.25(1) Reserved. 41.25(2) Duplication of assistance. A recipient whose needs are included in an FIP grant shall not concurrently receive a grant under any other public assistance program administered by the department, including IV-E foster care, state-funded foster care or kinship caregiver program payments. a. A recipient shall not concurrently receive the FIP and subsidized adoption unless exclusion of the person from the FIP grant will reduce benefits to the family. b. When an FIP recipient is approved for foster care or subsidized adoption assistance while remaining in the same home, FIP assistance will be canceled effective the first day of the next calendar month following the date approval of the foster care or subsidized adoption payment is successfully entered into the department’s computer system. FIP assistance for the month for which the foster care or subsidized adoption payment is approved or any past months for which foster care or subsidized adoption payments are made retroactively will not be subject to recoupment. c. A recipient shall not concurrently receive a grant from a public assistance program in another state. d. When a recipient leaves the home of a specified relative, no payment for a concurrent period will be made for the same recipient in the home of another relative. 41.25(3) Aid from other funds. Supplemental aid from any other agency or organization is limited to aid for items of need not covered by the department’s standards and to the amount of the percentage reduction used in determining the payment level. Any duplicated assistance will be considered unearned income. 41.25(4) Contracts for support. A person entitled to total support under the terms of an enforceable contract is not eligible to receive the FIP when the other party, obligated to provide the support, is able to fulfill that part of the contract. 41.25(5) Participation in a strike. a. The family of any parent with whom the child(ren) is living will be ineligible for the FIP for any month in which the parent is participating in a strike on the last day of the month. b. Any individual will be ineligible for the FIP for any month in which the individual is participating in a strike on the last day of that month. c. Definitions: (1) A strike is a concerted stoppage of work by employees (including a stoppage by reason of expiration of a collective bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees. (2) An individual is not participating in a strike at the individual’s place of employment when the individual is not picketing and does not intend to picket during the course of the dispute, does not draw strike pay, and provides a signed statement that the individual is willing and ready to return to work but does not want to cross the picket line solely because of the risk of personal injury or death or trauma from harassment. The eligibility determination manager will determine whether such a risk to the individual’s physical or emotional well-being exists. 41.25(6) Graduate students. The entire assistance unit is ineligible for FIP when a member of the assistance unit is enrolled in an educational program leading to a degree beyond a bachelor’s degree. 41.25(7) through 41.25(9) Reserved. 41.25(10) Fugitive felons, and probation and parole violators. Assistance will be denied to a person who is (1) convicted of a felony under state or federal law and is fleeing to avoid prosecution, custody or confinement, or (2) violating a condition of probation or parole imposed under state or federal law. The prohibition does not apply to conduct pardoned by the President of the United States, beginning with the month after the pardon is given. Human Services[441] IAC 6/10/26 Ch 41, p.15 41.25(11) Access to benefits. As a condition of eligibility, applicants and recipients must agree in writing to not use an electronic access card at prohibited locations. By signing an application or review form prescribed by the department, the applicant, the applicant’s authorized representative or, when the applicant is incompetent or incapacitated, someone acting responsibly on the applicant’s behalf agrees to this condition of eligibility. When both parents, or a parent and a stepparent, are in the home and eligibility is determined on a family or household basis, one parent or stepparent may sign the application and agree to this condition for the assistance unit. Failure to sign a form agreeing to not use the electronic access card at prohibited locations creates ineligibility for the entire eligible group. a. A recipient shall not use the recipient’s electronic access card issued pursuant to 441—subrule 45.21(1) to access benefits at any of the following prohibited locations as defined by federal statute or regulation applicable to this prohibition and as further defined in rule 441—40.21(239B): (1) A liquor store, (2) A casino, gambling casino, or gaming establishment, or (3) A retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. b. When the department receives a detailed complaint or suspects that a recipient has used the recipient’s electronic access card at a prohibited location, the case will be referred to the department of inspections, appeals, and licensing (DIAL) for further investigation. c. When DIAL finds that a recipient has used the recipient’s electronic access card at a prohibited location, the household that includes the recipient is: (1) Considered to have committed a fraudulent act; (2) Liable for any amounts accessed and any associated fees for accessing the benefits at a prohibited location and required to repay such amount in accordance with 441—Chapter 46; (3) Ineligible for FIP for a three-month period after the first report by DIAL that includes a finding of misuse; (4) Ineligible for FIP for a six-month period after each subsequent report by DIAL that includes a finding of misuse. d. When parents from a two-parent family separate during an ineligibility period, if: (1) DIAL identifies the recipient who used the electronic access card at a prohibited location, the ineligibility period will follow that recipient. (2) DIAL does not identify the recipient who used the electronic access card at a prohibited location, the ineligibility period will follow the recipient who is the case name when the violation occurred. e. A new period of ineligibility will be established when: (1) A recipient files an appeal either: 1. Before the effective date of the intended action on the notice of decision or notice of action establishing the beginning date of the ineligibility period, or 2. Within ten days from the date on which a notice establishing the beginning date of the ineligibility period is received. The date on which notice is received is considered to be five days after the date on the notice, unless the beneficiary shows that the beneficiary did not receive the notice within the five-day period; (2) Assistance is continued pending the final decision of the appeal; and (3) The department’s action is affirmed. Assistance issued pending the final decision of an appeal is not subject to recovery pursuant to rule 441—7.17(17A). [ARC 9277C, IAB 5/14/25, effective 7/1/25]

41.26(1) Limitation. An applicant or recipient may have the following resources and be eligible for the FIP. Any resource not specifically exempted will be counted toward resource limitations. a. A homestead without regard to its value. A mobile home or similar shelter will be considered as a homestead when it is occupied by the recipient. Temporary absence from the homestead with a defined purpose for the absence and with intent to return when the purpose of the absence has been accomplished will not be considered to have altered the exempt status of the homestead. Except as described in paragraph Human Services[441] Ch 41, p.16 IAC 6/10/26 41.26(1)“n” or “o” and paragraph 41.26(6)“d,” the net market value of any other real property will be considered with personal property. b. Household goods and personal effects without regard to their value. Personal effects are personal or intimate tangible belongings of an individual, especially those that are worn or carried on the person, that are maintained in one’s home, and include clothing, books, grooming aids, jewelry, hobby equipment, and similar items. c. Life insurance that has no cash surrender value. The owner of the life insurance policy is the individual paying the premium on the policy with the right to change the policy as the individual sees fit. d. Motor vehicles. (1) One motor vehicle without regard to its value. (2) An equity not to exceed a value of $4,115 in one motor vehicle for each adult and working teenage child whose resources are considered as described in subrule 41.26(2). The disregard will be allowed when the working teenager is temporarily absent from work. The equity value in excess of $4,115 of any vehicle will be counted toward the resource limit in paragraph 41.26(1)“e.” When a motor vehicle is modified with special equipment for the handicapped, the special equipment will not increase the value of the motor vehicle. The department will annually increase the motor vehicle equity value to be disregarded by the latest increase in the consumer price index for used vehicles during the previous state fiscal year. e. A reserve of other property, real or personal, not to exceed $2,000 for applicant assistance units and $5,000 for recipient assistance units. Exception: Applicant assistance units with at least one member who was a recipient in Iowa in the month prior to the month of application are subject to the $5,000 limit. The exception includes those persons who did not receive an assistance grant due to the limitations described in rules 441—45.26(239B) and 441—45.27(239B). Resources of the applicant or the recipient will be determined in accordance with subrule 41.26(2). f. Money that is counted as income in a month, during that same month; and that part of lump sum income defined in subparagraph 41.27(9)“c”(2) reserved for the current or future month’s income. g. Payments that are exempted for consideration as income and resources under subrule 41.27(6). h. An equity not to exceed $1,500 in one funeral contract or burial trust for each member of the eligible group. Any amount in excess of $1,500 will be counted toward resource limitations unless it is established that the funeral contract or burial trust is irrevocable. i. One burial plot for each member of the eligible group. A burial plot is defined as a conventional gravesite, crypt, mausoleum, urn, or other repository that is customarily and traditionally used for the remains of a deceased person. j. Settlements for payment of medical expenses. k. Life estates. l. Federal or state earned income tax credit payments in the month of receipt and the following month, regardless of whether these payments are received with the regular paychecks or as a lump sum with the federal or state income tax refund. m. The balance in an individual development account (IDA), including interest earned on the IDA. n. An equity not to exceed $10,000 for tools of the trade or capital assets of self-employed households. When the value of any resource is exempted in part, that portion of the value that exceeds the exemption will be considered in computing whether the eligible group’s property is within the reserve defined in paragraph 41.26(1)“e.” o. Nonhomestead property that produces income consistent with the property’s fair market value. 41.26(2) Persons considered. a. Resources of persons in the eligible group will be considered in establishing property limitations. b. Resources of the parent who is living in the home with the eligible child(ren) but whose needs are excluded from the eligible group will be considered in the same manner as if the parent were included in the eligible group. Human Services[441] IAC 6/10/26 Ch 41, p.17 c. Resources of the stepparent living in the home will not be considered when determining eligibility of the eligible group, with one exception: The resources of a stepparent included in the eligible group will be considered in the same manner as a parent. d. The resources of supplemental security income recipients will not be counted in establishing property limitations. e. The resources of a nonparental relative who elects to be included in the eligible group will be considered in the same manner as a parent. 41.26(3) Homestead defined. The homestead consists of the house, used as a home, and may contain one or more contiguous lots or tracts of land, including buildings and appurtenances. When within a city plat, it will not exceed ½-acre in area. When outside a city plat, it will not contain, in the aggregate, more than 40 acres. When property used as a home exceeds these limitations, the equity value of the excess property will be determined in accordance with subrule 41.26(5). 41.26(4) Liquidation. When proceeds from the sale of resources or conversion of a resource to cash, together with other nonexempted resources, exceed the property limitations, the recipient is ineligible to receive assistance until the amount in excess of the resource limitation has been expended unless immediately used to purchase a homestead, or reduce the mortgage on a homestead. a. Property settlements. Property settlements that are part of a legal action in a dissolution of marriage or palimony suit are considered as resources upon receipt. b. Property sold under installment contract. Property sold under an installment contract or held as security in exchange for a price consistent with its fair market value is exempt as a resource. If the price is not consistent with the contract’s fair market value, the resource value of the installment contract is the gross price for which it can be sold or discounted on the open market, less any legal debts, claims, or liens against the installment contract. Payments from property sold under an installment contract are exempt as income as specified in paragraphs 41.27(1)“f” and 41.27(7)“aj.” The portion of any payment received representing principal is considered a resource upon receipt. The interest portion of the payment is considered a resource the month following the month of receipt. 41.26(5) Net market value defined. Net market value is the gross price for which property or an item can currently be sold on the open market, less any legal debts, claims, or liens against the property or item. 41.26(6) Availability. a. A resource must be available in order for it to be counted toward resource limitations. A resource is considered available under the following circumstances: (1) The applicant/recipient owns the property in part or in full and has control over it; that is, it can be occupied, rented, leased, sold, or otherwise used or disposed of at the individual’s discretion. (2) The applicant/recipient has a legal interest in a liquidated sum and has the legal ability to make the sum available for support and maintenance. b. Reserved. c. When property is owned by more than one person, unless otherwise established, it is assumed that all individuals hold equal shares in the property. d. When the applicant or recipient owns nonhomestead property, the property will be considered exempt for so long as the property is publicly advertised for sale at an asking price that is consistent with its fair market value. 41.26(7) Damage judgments and insurance settlements. a. Payment resulting from damage to or destruction of an exempt resource will be considered a resource to the applicant/recipient the month following the month the payment was received. When the applicant/recipient signs a legal binding commitment no later than the month after the month the payment was received, the funds will be considered exempt for the duration of the commitment providing the terms of the commitment are met within eight months from the date of commitment. b. Payment resulting from damage to or destruction of a nonexempt resource will be considered a resource in the month following the month in which payment was received. Human Services[441] Ch 41, p.18 IAC 6/10/26 41.26(8) Trusts. The department will determine whether assets from a trust or conservatorship, except one established solely for the payment of medical expenses, are available by examining the language of the trust agreement or order establishing a conservatorship. a. Funds clearly conserved and available for care, support, or maintenance will be considered toward resource or income limitations. b. When the department questions whether the funds in a trust or conservatorship are available, the trust or conservatorship will be referred to the central office. (1) When assets in the trust or conservatorship are not clearly available, central office staff may contact the trustee or conservator and request that the funds in the trust or conservatorship be made available for current support and maintenance. When the trustee or conservator chooses not to make the funds available, the department may petition the court to have the funds released either partially or in their entirety or as periodic income payments. (2) Funds in a trust or conservatorship that are not clearly available will be considered unavailable until the trustee, conservator or court actually makes the funds available. Payments received from the trust or conservatorship for basic or special needs are considered income. 41.26(9) Aliens sponsored by individuals. When an alien admitted for lawful permanent residence is sponsored by a person who executed an enforceable affidavit of support as described in 8 U.S.C. Section 1631(a)(1) (as amended to December 31, 2024) on behalf of the alien, the resources of the alien will be deemed to include the resources of the sponsor (and of the sponsor’s spouse if living with the sponsor). The amount of the resources of the sponsor and the sponsor’s spouse deemed to the alien will be the total countable resources as described in rule 441—41.26(239B) remaining after a $1,500 deduction is subtracted. The following are exceptions to deeming of a sponsor’s resources: a. Deeming of the sponsor’s resources does not apply when: (1) The sponsored alien attains citizenship through naturalization pursuant to Chapter 2 of Title III of the Immigration and Nationality Act (as amended to December 31, 2024); (2) The sponsored alien has earned 40 qualifying quarters of coverage as defined in Title II of the Social Security Act (as amended to December 31, 2024) or can be credited with 40 qualifying quarters as defined in rule 441—40.21(239B); or (3) The sponsored alien or the sponsor dies. b. An indigent alien is exempt from the deeming of a sponsor’s resources for 12 months after indigence is determined. An alien will be considered indigent if: (1) The alien does not live with the sponsor; and (2) The alien’s gross income, including any income received from or made available by the sponsor, is less than 100 percent of the federal poverty level for the sponsored alien’s household size. c. A battered alien as described in 8 U.S.C. Section 1641(c) (as amended to December 31, 2024) is exempt from the deeming of a sponsor’s resources for 12 months. 41.26(10) Not considered a resource. Inventories and supplies, exclusive of capital assets, that are required for self-employment will not be considered a resource. Inventory is defined as all unsold items, whether raised or purchased, that are held for sale or use and may include merchandise, grain held in storage, livestock raised for sale, and other unsold inventory. Supplies are items necessary for the operation of the enterprise, such as lumber, paint and seed. Capital assets are those assets that, if sold at a later date, could be used to claim capital gains or losses for federal income tax purposes. When self-employment is temporarily interrupted due to circumstances beyond the control of the household, such as illness, any inventory or supplies retained by the household will not be considered a resource. [ARC 9277C, IAB 5/14/25, effective 7/1/25]

deducted for work expenses, or diverted as defined in these rules, will be considered in determining initial and continuing eligibility and the amount of the FIP grant. 1. The determination of initial eligibility is a three-step process. Initial eligibility will be granted only when (1) the countable gross nonexempt unearned and earned income, exclusive of the FIP grant, received by the eligible group and available to meet the current month’s needs is no more than 185 percent of the standard of need for the eligible group; (2) the countable net unearned and earned income is less than Human Services[441] IAC 6/10/26 Ch 41, p.19 the standard of need for the eligible group; and (3) the countable net unearned and earned income, after applying allowable disregards, is less than the payment standard for the eligible group. 2. The determination of continuing eligibility is a two-step process. Continuing eligibility will be granted only when (1) countable gross nonexempt income, as described for initial eligibility, does not exceed 185 percent of the standard of need for the eligible group; and (2) countable net unearned and earned income is less than the payment standard for the eligible group. 3. The amount of the FIP grant will be determined by subtracting countable net income from the payment standard for the eligible group. Child support assigned to the department in accordance with subrule 41.22(7) and retained by the department as described in subparagraph 41.27(1)“h”(2) will be considered as exempt income for the purpose of determining continuing eligibility. Deductions and diversions will be allowed when verification is provided. 41.27(1) Unearned income. Unearned income is any income in cash that is not gained by labor or service. When taxes are withheld from unearned income, the amount considered will be the net income after the withholding of taxes (Federal Insurance Contribution Act, state and federal income taxes). Net unearned income will be determined by deducting reasonable income-producing costs from the gross unearned income. Money left after this deduction will be considered gross income available to meet the needs of the eligible group. a. Social security income is the amount of the entitlement before withholding of a Medicare premium. b. through e. Reserved. f. When the applicant or recipient sells property on contract, proceeds from the sale will be considered exempt as income. The portion of any payment that represents principal is considered a resource upon receipt as defined in subrule 41.26(4). The interest portion of the payment is considered a resource the month following the month of receipt. g. Every person in the eligible group and any parent living in the home of a child in the eligible group will take all steps necessary to apply for and, if entitled, accept any financial benefit for which that person may be qualified, even though the benefit may be reduced because of the laws governing a particular benefit. When the person claims a physical or mental disability that is expected to last continuously for 12 months from the time of the claim or to result in death and the person is unable to engage in substantial activity due to the disability, or the person otherwise appears eligible, as the person is aged 65 or older or is blind, the person shall apply for social security benefits and supplemental security income benefits. (1) Except as described in subparagraph 41.27(1)“g”(2), the needs of any person who refuses to take all steps necessary to apply for and, if eligible, to accept other financial benefits will be removed from the eligible group. The person remains eligible for the work incentive disregard described in paragraph 41.27(2)“c.” (2) The entire assistance unit is ineligible for FIP when a person refuses to apply for or, if entitled, to accept social security or supplemental security income. For applicants, this subparagraph applies to those who apply on or after July 1, 2002. For FIP recipients, this subparagraph applies at the time of the next six-month or annual review as described in 441—subrule 40.27(1) or when the recipient reports a change that may qualify a person in the eligible group or a parent living in the home for these benefits, whichever occurs earlier. h. Support payments in cash will be considered as unearned income in determining initial and continuing eligibility. (1) Any nonexempt cash support payment for a member of the eligible group, made while the application is pending, will be treated as unearned income and deducted from the initial assistance grant(s). Any cash support payment for a member of the eligible group, except as described in paragraph 41.27(7) “p,” received by the recipient after the date of decision as defined in 441—subrule 40.24(4) will be refunded to child support services. (2) Assigned support collected in a month and retained by child support recovery will be exempt as income for determining prospective or retrospective eligibility. Participants will have the option of withdrawing from FIP at any time and receiving their child support direct. Human Services[441] Ch 41, p.20 IAC 6/10/26 i. The applicant or recipient shall cooperate in supplying verification of all unearned income as defined in 441—paragraph 40.24(1)“b” and 441—subrule 40.27(4). When the information is available, the department will verify unemployment insurance benefits by using information supplied to the department by the department of workforce development. When the client notifies the department that the amount of unemployment insurance benefits used is incorrect, the client will be allowed to verify the discrepancy. A payment adjustment will be made when indicated. Recoupment will be made for any overpayment. The client must report the discrepancy prior to the payment month or within ten days of the date on the Notice of Decision applicable to the payment month, whichever is later, in order to receive a payment adjustment. 41.27(2) Earned income. Earned income is defined as income in the form of a salary, wages, tips, bonuses, commissions earned as an employee, income from Job Corps, or profit from self-employment. Earned income from commissions, wages, tips, bonuses, Job Corps, or salary means the total gross amount irrespective of the expenses of employment. Income will be considered earned income when it is produced as a result of the performance of services by an individual. a. Earned income deduction. Each person in the assistance unit whose gross nonexempt earned income, earned as an employee or net profit from self-employment, is considered in determining eligibility and the amount of the assistance grant is entitled to one 20 percent earned income deduction of nonexempt monthly gross earnings. The deduction is intended to include all work-related expenses other than child care. These expenses will include all of the following: taxes, transportation, meals, uniforms, and other work-related expenses. b. Reserved. c. Work incentive disregard. After deducting the allowable work-related expenses as defined in paragraph 41.27(2)“a” and income diversions as defined in subrules 41.27(4) and 41.27(8), the department will disregard 58 percent of the total of the remaining monthly nonexempt earned income, earned as an employee or the net profit from self-employment, of each person whose income will be considered in determining eligibility and the amount of the assistance grant. (1) The work incentive disregard is not time-limited. (2) Initial eligibility is determined without the application of the work incentive disregard as described in subparagraphs 41.27(9)“a”(2) and “a”(3). d. Self-employment. A person is considered self-employed when the person: (1) Is not required to report to the office regularly except for specific purposes such as sales training meetings, administrative meetings, or evaluation sessions. (2) Establishes the person’s own working hours, territory, and methods of work. (3) Files quarterly reports of earnings, withholding payments, and FICA payments to the Internal Revenue Service. e. Self-employment income. Earned income from self-employment as defined in paragraph 41.27(2) “d” means the net profit from self-employment. “Net profit” means gross self-employment income less: (1) Forty percent of the gross income to cover the costs of producing the income, or (2) At the request of the applicant or recipient, actual expenses determined in the manner specified in paragraph 41.27(2)“f.” f. Deduction of self-employment expenses. When the applicant or recipient requests that actual expenses be deducted, the net profit from self-employment income will be determined by deducting only the following expenses that are directly related to the production of the income: (1) The cost of inventories and supplies purchased that are required for the business, such as items for sale or consumption and raw materials. (2) Wages, commissions, and mandated costs relating to the wages for employees of the self- employed. (3) The cost of shelter in the form of rent; the interest on mortgage or contract payments; taxes; and utilities. (4) The cost of machinery and equipment in the form of rent or the interest on mortgage or contract payments. (5) Insurance on the real or personal property involved. (6) The cost of any repairs needed. Human Services[441] IAC 6/10/26 Ch 41, p.21 (7) The cost of any travel required. (8) Any other expense directly related to the production of income, except the purchase of capital equipment and payment on the principal of loans for capital assets and durable goods or any cost of depreciation. g. Child care income. Gross income from providing child care in the applicant’s or recipient’s own home will include the total payment(s) received for the service and any payment received due to the Child Nutrition Amendments of 1978 for the cost of providing meals to children. h. Income verification. The applicant or recipient shall cooperate in supplying verification of all earned income and of any change in income, as defined in 441—paragraph 40.24(1)“b” and 441—subrule 40.27(4). A self-employed individual shall keep any records necessary to establish eligibility. 41.27(3) Shared living arrangements. When an FIP parent shares living arrangements with another family or person, funds combined to meet mutual obligations for shelter and other basic needs are not income. Funds made available to the FIP eligible group, exclusively for their needs, are considered income. 41.27(4) Diversion of income. a. Nonexempt earned and unearned income of the parent will be diverted to meet the unmet needs, including special needs, of the ineligible child(ren) of the parent living in the family group who meets the age and school attendance requirements specified in subrule 41.21(1). Income of the parent will be diverted to meet the unmet needs of the ineligible child(ren) of the parent and a companion in the home only when the income and resources of the companion and the child(ren) are within FIP standards. The maximum income that will be diverted to meet the needs of the ineligible child(ren) will be the difference between the needs of the eligible group if the ineligible child(ren) were included and the needs of the eligible group with the child(ren) excluded, except as specified in subparagraph 41.27(8)“a”(2) and paragraph 41.27(8)“b.” b. Nonexempt earned and unearned income of the parent will be diverted to permit payment of court-ordered support to children not living with the parent when the payment is actually being made. 41.27(5) Income of unmarried specified relatives under age 19. Treatment of the income of an unmarried specified relative under the age of 19 is determined by whether the specified relative lives with a parent who receives FIP assistance, lives with a nonparental relative, lives in an independent living arrangement, or lives with a self-supporting parent, as follows. a. Living with a parent on FIP, with a nonparental relative, or in an independent living arrangement. (1) The income of the unmarried, underage specified relative who is also an eligible child in the grant of the specified relative’s parent will be treated in the same manner as that of any other child. The income for the unmarried, underage specified relative who is not an eligible child in the grant of the specified relative’s parent will be treated in the same manner as though the specified relative had attained majority. (2) The income of the unmarried, underage specified relative living with a nonparental relative or in an independent living arrangement will be treated in the same manner as though the specified relative had attained majority. b. Living with a self-supporting parent. The income of an unmarried specified relative under the age of 19 who is living in the same home as one or both of the person’s self-supporting parents will be treated in accordance with subparagraphs 41.27(5)“b”(1), “b”(2), and “b”(4) below. (1) When the unmarried specified relative is under the age of 18 and not a parent of the dependent child, the income of the specified relative will be exempt. (2) When the unmarried specified relative is under the age of 18 and a parent of the dependent child, the income of the specified relative will be treated in the same manner as though the specified relative had attained majority. The income of the specified relative’s self-supporting parent(s) will be treated in accordance with paragraph 41.27(8)“c.” (3) Reserved. (4) When the unmarried specified relative is age 18, the income of the specified relative will be treated in the same manner as though the specified relative had attained majority. 41.27(6) Exempt as income and resources. The following will be exempt as income and resources: a. Food reserves from home-produced garden products, orchards, domestic animals, and the like, when utilized by the household for its own consumption. Human Services[441] Ch 41, p.22 IAC 6/10/26 b. The value of the supplemental nutrition assistance program benefit. c. The value of the United States Department of Agriculture donated foods (surplus commodities). d. The value of supplemental food assistance received under the Child Nutrition Act and the special food service program for children under the National School Lunch Act, both as amended to December 31, 2024. e. Any benefits received under Title III-C, Nutrition Program for the Elderly, of the Older Americans Act, as amended to December 31, 2024. f. Benefits paid to eligible households under the Low Income Home Energy Assistance Act of 1981, as amended to December 31, 2024. g. Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the Federal-Aid Highway Act of 1968, both as amended to December 31, 2024. h. Any judgment funds that have been or will be distributed per capita or held in trust for members of any Indian tribe. When the payment, in all or part, is converted to another type of resource, that resource is also exempt. i. Payments to volunteers participating in the Volunteers in Service to America (VISTA) program, except that this exemption will not be applied when the director of ACTION determines that the value of all VISTA payments, adjusted to reflect the number of hours the volunteers are serving, is equivalent to or greater than the minimum wage then in effect under the Fair Labor Standards Act of 1938, as amended to December 31, 2024, or the minimum wage under the laws of the state where the volunteers are serving, whichever is greater. j. Payments for supporting services or reimbursement of out-of-pocket expenses received by volunteers in any of the programs established under Titles II and III of the Domestic Volunteer Services Act, as amended to December 31, 2024. k. Tax-exempt portions of payments made pursuant to the Alaskan Native Claims Settlement Act, as amended to December 31, 2024. l. Experimental housing allowance program payments made under annual contribution contracts entered into prior to January 1, 1975, under Section 23 of the U.S. Housing Act of 1936, as amended to December 31, 2024. m. The income of a supplemental security income recipient. n. Income of an ineligible child. o. Income in-kind. p. Family support subsidy program payments. q. Grants obtained and used under conditions that preclude their use for current living costs. r. All earned and unearned educational funds of an undergraduate or graduate student or a person in training. Any extended social security or veterans benefits received by a parent or nonparental relative as defined in subrule 41.22(3), conditional to school attendance, will be exempt. However, any additional amount received for the person’s dependents who are in the eligible group will be counted as nonexempt income. s. Reserved. t. Any income restricted by law or regulation that is paid to a representative payee, living outside the home, other than a parent who is the applicant or recipient, unless the income is actually made available to the applicant or recipient by the representative payee. u. The first $50 received and retained by an applicant or recipient that represents a current monthly support obligation or a voluntary support payment, paid by a legally responsible individual, but in no case will the total amount exempted exceed $50 per month per eligible group. v. Bona fide loans. Evidence of a bona fide loan may include any of the following: (1) The loan is obtained from an institution or person engaged in the business of making loans. (2) There is a written agreement to repay the money within a specified time. (3) If the loan is obtained from a person not normally engaged in the business of making a loan, there is a borrower’s acknowledgment of obligation to repay (with or without interest), or the borrower expresses Human Services[441] IAC 6/10/26 Ch 41, p.23 intent to repay the loan when funds become available in the future, or there is a timetable and plan for repayment. w. Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.). x. The income of a person ineligible due to receipt of state-funded foster care, IV-E foster care, kinship caregiver program, or subsidized adoption assistance. y. Payments for major disaster and emergency assistance provided under the Disaster Relief Act of 1974 as amended by Public Law 100-707, the Disaster Relief and Emergency Assistance Amendments of 1988, as amended to December 31, 2024. z. Payments made to certain United States citizens of Japanese ancestry and resident Japanese aliens under Section 105 of Public Law 100-383, as amended to December 31, 2024, and payments made to certain eligible Aleuts under Section 206 of Public Law 100-383, entitled “Wartime Relocation of Civilians,” as amended to December 31, 2024. aa. Payments received from the Radiation Exposure Compensation Act as amended to December 31, 2024. ab. Deposits into an IDA when determining eligibility and benefit amount. The amount of the deposit is exempt as income and will not be used in the 185 percent eligibility test. The deposit will be deducted from nonexempt earned and unearned income that the client receives in the same budget month in which the deposit is made. To allow a deduction, verification of the deposit shall be provided by the end of the report month or the extended filing date, whichever is later. The client will be allowed a deduction only when the deposit is made from the client’s money. The earned income deductions in paragraphs 41.27(2) “a” and “c” will be applied to nonexempt earnings from employment or net profit from self-employment that remain after deducting the amount deposited into the account. Allowable deductions will be applied to any nonexempt unearned income that remains after deducting the amount of the deposit. If the client has both nonexempt earned and unearned income, the amount deposited into the IDA account will first be deducted from the client’s nonexempt unearned income. Deposits will not be deducted from earned or unearned income that is exempt. ac. Assigned support collected in a month and retained by child support recovery as described in subparagraph 41.27(1)“h”(2). 41.27(7) Exempt as income. The following are exempt as income. a. Reimbursements from a third party. b. Reimbursement from the employer for job-related expenses. c. The following nonrecurring lump sum payments: (1) Income tax refund. (2) Retroactive supplemental security income benefits. (3) Settlements for the payment of medical expenses. (4) Refunds of security deposits on rental property or utilities. (5) That part of a lump sum received and expended for funeral and burial expenses. (6) That part of a lump sum both received and expended for the repair or replacement of resources. d. Foster care or kinship caregiver program payments received by the family that is: (1) Providing foster care to a child or children when the family is operating a licensed foster home, or (2) Caring for a relative or fictive kin child or children placed in the home by a court order. e. Reserved. f. A small monetary nonrecurring gift, such as a Christmas, birthday or graduation gift, not to exceed $30 per person per calendar quarter. When a monetary gift from any one source is in excess of $30, the total gift is countable as unearned income. When monetary gifts from several sources are each $30 or less, and the total of all gifts exceeds $30, only the amount in excess of $30 is countable as unearned income. g. Federal or state earned income tax credit. h. Supplementation from county funds providing: (1) The assistance does not duplicate any of the basic needs as recognized by the FIP, or Human Services[441] Ch 41, p.24 IAC 6/10/26 (2) The assistance, if a duplication of any of the basic needs, is made on an emergency basis, not as ongoing supplementation. i. Any payment received as a result of an urban renewal or low-cost housing project from any governmental agency. j. A retroactive corrective payment. k. The training allowance issued by the division of vocational rehabilitation, department of education. l. Payments from the PROMISE JOBS program. m. Reserved. n. The training allowance issued by the department for the blind. o. Payment(s) from a passenger(s) in a car pool. p. Support refunded by child support services for the first month of termination of eligibility and the family does not receive the FIP. q. and r. Reserved. s. Income of a nonparental relative as defined in subrule 41.22(3) except when the relative is included in the eligible group. t. and u. Reserved. v. Compensation in lieu of wages received by a child funded through an employment and training program of the U.S. Department of Labor. w. Any amount for training expenses included in a payment funded through an employment and training program of the U.S. Department of Labor. x. Reserved. y. Earnings of an applicant or recipient aged 19 or younger who is a full-time student as defined in paragraph 41.24(2)“e.” The exemption applies through the entire month of the person’s twentieth birthday. Exception: When the twentieth birthday falls on the first day of the month, the exemption stops on the first day of that month. z. Income attributed to an unmarried, underage parent in accordance with paragraph 41.27(8)“c” effective the first day of the month following the month in which the unmarried, underage parent turns age 18 or reaches majority through marriage. When the unmarried, underage parent turns age 18 on the first day of a month, the income of the self-supporting parent(s) becomes exempt as of the first day of that month. aa. Reserved. ab. Incentive payments received from participation in the adolescent pregnancy prevention programs. ac. Payments received from the comprehensive child development program, funded by the Administration for Children, Youth, and Families, provided the payments are considered complimentary assistance by federal regulation. ad. Incentive allowance payments received from the work force investment project, provided the payments are considered complimentary assistance by federal regulation. ae. Interest and dividend income. af. and ag. Reserved. ah. Welfare reform and regular household honorarium income. All moneys paid to an FIP household in connection with the welfare reform demonstration longitudinal study or focus groups will be exempted. ai. Diversion or self-sufficiency grants assistance as described in 441—Chapter 47. aj. Payments from property sold under an installment contract as specified in paragraphs 41.26(4)“b” and 41.27(1)“f.” ak. All census earnings received by temporary workers from the Bureau of the Census. 41.27(8) Treatment of income in excluded parent cases, stepparent cases, and underage parent cases. a. Treatment of income in excluded parent cases. (1) A parent who is living in the home with the eligible child(ren) but whose needs are excluded from the eligible group is eligible for the earned income deduction described in paragraph 41.27(2)“a,” the work incentive disregard described in paragraph 41.27(2)“c,” and diversions described in subrule 41.27(4). Human Services[441] IAC 6/10/26 Ch 41, p.25 (2) The excluded parent will be permitted to retain that part of the parent’s income to meet the parent’s needs as determined by the difference between the needs of the eligible group with the parent included and the needs of the eligible group with the parent excluded except as described in subrule 41.27(11). (3) All remaining income of the excluded parent will be applied against the needs of the eligible group. b. Treatment of income in stepparent cases. The income of a stepparent who is not included in the eligible group but is living with the parent in the home of the eligible child(ren) will be given the same consideration and treatment as that of a parent subject to the limitations of subparagraphs 41.27(8)“b”(1) and 41.27(8)“b”(3) through “b”(10). (1) The stepparent’s monthly gross nonexempt earned income, earned as an employee or monthly net profit from self-employment, will receive a 20 percent earned income deduction. (2) Reserved. (3) Any amounts actually paid by the stepparent to individuals not living in the home, who are claimed or could be claimed by the stepparent as dependents for federal income tax purposes, will be deducted from nonexempt monthly earned and unearned income of the stepparent. (4) The stepparent will also be allowed a deduction from nonexempt monthly earned and unearned income for alimony and child support payments made to individuals not living in the home with the stepparent. (5) Except as described in subrule 41.27(11), the nonexempt monthly earned and unearned income of the stepparent remaining after application of the deductions in subparagraphs 41.27(8)“b”(1), “b”(3), and “b”(4) will be used to meet the needs of the stepparent and the stepparent’s dependents living in the home, when the dependents’ needs are not included in the eligible group and the stepparent claims or could claim the dependents for federal income tax purposes. These needs will be determined in accordance with the FIP standard of need for a family group of the same composition. (6) The stepparent will be allowed the work incentive disregard described in paragraph 41.27(2)“c” from monthly earnings. The disregard will be applied to earnings that remain after all other deductions in subparagraphs 41.27(8)“b”(1) and 41.27(8)“b”(3) through “b”(5) have been subtracted from the earnings. However, the work incentive disregard is not allowed when determining initial eligibility as described in subparagraphs 41.27(9)“a”(2) and “a”(3). (7) The deductions described in subparagraphs 41.27(8)“b”(1) and 41.27(8)“b”(3) through “b” (6) will first be subtracted from earned income in the same order as they appear above. When the stepparent has both nonexempt earned and unearned income and earnings are less than the allowable deductions, then any remaining portion of the deductions in subparagraphs 41.27(8)“b”(3) through “b”(5) will be subtracted from unearned income. Any remaining income will be applied as unearned income to the needs of the eligible group. If the stepparent has earned income remaining after allowable deductions, then any nonexempt unearned income will be added to the earnings and the resulting total counted as unearned income to the needs of the eligible group. (8) A nonexempt nonrecurring lump sum received by a stepparent will be considered as income in the month received. Any portion of the nonrecurring lump sum retained by the stepparent in the month following the month of receipt will be considered a resource to the stepparent. (9) When the income of the stepparent, not in the eligible group, is insufficient to meet the needs of the stepparent and the stepparent’s dependents living in the home who are not eligible for FIP, the income of the parent may be diverted to meet the unmet needs of the child(ren) of the current marriage except as described in subrule 41.27(11). (10) When the needs of the stepparent, living in the home, are not included in the eligible group, the eligible group and any child(ren) of the parent living in the home who is not eligible for FIP will be considered as one unit, and the stepparent and the stepparent’s dependents, other than the spouse, will be considered a separate unit. c. Treatment of income in underage parent cases. In the case of a dependent child whose unmarried parent is under the age of 18 and living in the same home as the unmarried, underage parent’s own self-supporting parent(s), the income of each self-supporting parent will be considered available to the Human Services[441] Ch 41, p.26 IAC 6/10/26 eligible group after appropriate deductions. The deductions to be applied are the same as are applied to the income of a stepparent pursuant to subparagraphs 41.27(8)“b”(1) and 41.27(8)“b”(3) through “b”(7). Nonrecurring lump sum income received by the self-supporting parent(s) will be treated in accordance with subparagraph 41.27(8)“b”(8). When the self-supporting spouse of a self-supporting parent is also living in the home, the income of that spouse will be attributable to the self-supporting parent in the same manner as the income of a stepparent is determined pursuant to subparagraphs 41.27(8)“b”(1) and 41.27(8)“b”(3) through “b”(7). Nonrecurring lump sum income received by the spouse of the self-supporting parent will be treated in accordance with subparagraph 41.27(8)“b”(8). The self-supporting parent and any ineligible dependents of that person will be considered as one unit; the self-supporting spouse and the spouse’s ineligible dependents, other than the self-supporting parent, will be considered a separate unit. 41.27(9) Budgeting process. Both initial and ongoing eligibility and benefits will be determined using a projection of income based on the best estimate of future income. a. Initial eligibility. (1) At time of application, all earned and unearned income received and anticipated to be received by the eligible group during the month the decision is made will be considered to determine eligibility for the FIP, except income that is exempt. All countable earned and unearned income received by the eligible group during the 30 days before the interview will be used to project future income. If the applicant indicates that the 30-day period is not indicative of future income, income from a longer period or verification of anticipated income from the income source may be used to project future income. When income is prorated in accordance with subparagraph 41.27(9)“c”(1) and paragraph 41.27(9)“i,” the prorated amount is counted as income received in the month of decision. Allowable work expenses during the month of decision will be deducted from earned income, except when determining eligibility under the 185 percent test defined in rule 441—41.27(239B). The determination of eligibility in the month of decision is a three-step process as described in rule 441—41.27(239B). (2) When countable gross nonexempt earned and unearned income in the month of decision, or in any other month after assistance is approved, exceeds 185 percent of the standard of need for the eligible group, the application will be rejected or the assistance grant canceled. Countable gross income means nonexempt gross income, as defined in 441—41.27(239B), without application of any disregards, deductions, or diversions. When the countable gross nonexempt earned and unearned income in the month of decision equals or is less than 185 percent of the standard of need for the eligible group, initial eligibility under the standard of need will then be determined. Initial eligibility under the standard of need is determined without application of the work incentive disregard as specified in paragraph 41.27(2)“c.” All other appropriate exemptions, deductions and diversions are applied. Countable income is then compared to the standard of need for the eligible group. When countable net earned and unearned income in the month of decision equals or exceeds the standard of need for the eligible group, the application will be denied. (3) When the countable net income in the month of decision is less than the standard of need for the eligible group, the work incentive disregard described in paragraph 41.27(2)“c” will be applied when there is eligibility for this disregard. When countable net earned and unearned income in the month of decision, after application of the work incentive disregard and all other appropriate exemptions, deductions, and diversions, equals or exceeds the payment standard for the eligible group, the application will be denied. When the countable net income in the month of decision is less than the payment standard for the eligible group, the eligible group meets income requirements. The amount of the FIP grant will be determined by subtracting countable net income in the month of decision from the payment standard for the eligible group, except as specified in subparagraph 41.27(9)“a”(4). (4) Eligibility for the FIP for any month or partial month before the month of decision will be determined only when there is eligibility in the month of decision. The family composition for any month or partial month before the month of decision will be considered the same as on the date of decision. In determining eligibility and the amount of the assistance payment for any month or partial month preceding the month of decision, income and all circumstances except family composition in that month will be considered in the same manner as in the month of decision. When the applicant is eligible for some, but not all, months of the application period due to the time limit described in subrule 41.30(1), FIP eligibility will Human Services[441] IAC 6/10/26 Ch 41, p.27 be determined for the month of decision first, then the immediately preceding month, and so on until the time limit has been reached. b. Ongoing eligibility. (1) The department will prospectively compute eligibility and benefits when review information is submitted as described in 441—subrule 40.27(3). All countable earned and unearned income received by the eligible group during the previous 30 days will be used to project future income. If the participant indicates that the 30-day period is not indicative of future income, income from a longer period or verification of anticipated income from the income source may be used to project future income. (2) When a change in eligibility factors occurs, the department will prospectively compute eligibility and benefits based on the change, effective no later than the month following the month the change occurred. (3) Reserved. (4) The earned income deduction for each wage earner as defined in paragraph 41.27(2)“a” and the work incentive disregard as defined in paragraph 41.27(2)“c” will be allowed. c. Lump-sum income. (1) Recurring lump-sum income. Recurring lump-sum earned and unearned income, except for the income of the self-employed, will be considered as income in the month received. Income received by an individual employed under a contract will be prorated over the period of the contract. Income received at periodic intervals or intermittently will be considered as income in the month received, except periodic or intermittent income from self-employment will be treated as described in paragraph 41.27(9)“i.” When the income that is subject to proration is earned, appropriate disregards, deductions and diversions will be applied to the monthly prorated income. Income that is subject to proration is prorated when a lump sum is received before the month of decision and is anticipated to recur; or a lump sum is received during the month of decision or at any time during the receipt of assistance. (2) Nonrecurring lump-sum income. Moneys received as a nonrecurring lump sum, except as specified in subrules 41.26(4) and 41.26(7) and paragraphs 41.27(8)“b” and “c,” will be treated in accordance with this rule. Nonrecurring lump-sum income will be considered as income in the month received and counted in computing eligibility and the amount of the grant unless the income is exempt. Nonrecurring lump-sum unearned income is defined as a payment in the nature of a windfall, for example, an inheritance, an insurance settlement for pain and suffering, an insurance death benefit, a gift, lottery winnings, or a retroactive payment of benefits, such as social security, job insurance or workers’ compensation. When countable income, exclusive of the FIP grant but including countable lump-sum income, exceeds the needs of the eligible group, the case will be canceled or the application rejected. In addition, the eligible group will be ineligible for the number of full months derived by dividing the income by the standard of need for the eligible group. Any income remaining after this calculation will be applied as income to the first month following the period of ineligibility and disregarded as income thereafter. The period of ineligibility will begin with the month the lump sum is received. 1. When a nonrecurring lump sum is timely reported as required by 441—paragraph 40.27(4)“f,” recoupment will not be made for the month of receipt. When a nonrecurring lump sum is timely reported, but the timely notice as required by rule 441—16.2(17A) requires that the action be delayed until the second calendar month following the month of change, recoupment will not be made for the first calendar month following the month of change. When a nonrecurring lump sum is not timely reported, recoupment will be made beginning with the month of receipt. 2. The period of ineligibility will be shortened when the schedule of living costs as defined in subrule 41.28(2) increases. 3. The period of ineligibility will be shortened by the amount that is no longer available to the eligible group due to a loss or a theft or because the person controlling the lump sum no longer resides with the eligible group. 4. The period of ineligibility will also be shortened when there is an expenditure of the lump sum made for the following circumstances unless there was insurance available to meet the expense: Payments made on medical services for the former eligible group or their dependents for services listed in 441— Chapters 78, 81, 82 and 85 at the time the expense is reported to the department; the cost of necessary Human Services[441] Ch 41, p.28 IAC 6/10/26 repairs to maintain habitability of the homestead requiring the spending of over $25 per incident; cost of replacement of exempt resources as defined in subrule 41.26(1) due to fire, tornado, or other natural disaster; or funeral and burial expenses. The expenditure of these funds shall be verified. A dependent is an individual who is claimed or could be claimed by another individual as a dependent for federal income tax purposes. 5. When countable income, including the lump-sum income, is less than the needs of the eligible group, the lump sum will be counted as income for the month received. For purposes of applying the lump-sum provision, the eligible group is defined as all eligible persons and any other individual whose lump-sum income is counted in determining the period of ineligibility. During the period of ineligibility, individuals not in the eligible group when the lump-sum income was received may be eligible for the FIP as a separate eligible group. Income of this eligible group plus income, excluding the lump-sum income already considered, of the parent or other legally responsible person in the home will be considered as available in determining eligibility and the amount of the grant. d. The third digit to the right of the decimal point in any computation of income and hours of employment will be dropped. This includes the calculation of the amount of a child support sanction as defined in paragraph 41.22(6)“f.” e. In any month for which an individual is determined eligible to be added to a currently active FIP case, the individual’s needs will be included subject to the effective date of grant limitations as prescribed in rule 441—40.26(239B). (1) When adding an individual to an existing eligible group, any income of that individual will be considered prospectively. (2) The needs of an individual determined to be ineligible to remain a member of the eligible group will be removed prospectively effective the first of the following month. f. Reserved. g. When income received weekly or biweekly (once every two weeks) is projected for future months, it will be projected by adding all income received in the period being used and dividing the result by the number of instances of income received in that period. The result will be multiplied by four if the income is received weekly or by two if the income is received biweekly, regardless of the number of weekly or biweekly payments to be made in future months. h. Income from self-employment received on a regular weekly, biweekly, semimonthly or monthly basis will be budgeted in the same manner as the earnings of an employee. The countable income will be the net income. i. Income from self-employment not received on a regular weekly, biweekly, semimonthly or monthly basis that represents an individual’s annual income will be averaged over a 12-month period of time, even if the income is received within a short period of time during that 12-month period. Any change in self-employment will be handled in accordance with subparagraphs 41.27(9)“i”(3) through “i”(5). (1) When a self-employment enterprise that does not produce a regular weekly, biweekly, semimonthly or monthly income has been in existence for less than a year, income will be averaged over the period of time the enterprise has been in existence and the monthly amount projected for the same period of time. If the enterprise has been in existence for such a short time that there is very little income information, the worker will establish, with the cooperation of the client, a reasonable estimate that will be considered accurate and projected for three months, after which the income will be averaged and projected for the same period of time. Any changes in self-employment will be considered in accordance with subparagraphs 41.27(9)“i”(3) through “i”(5). (2) These policies apply when the self-employment income is received before the month of decision and the income is expected to continue, in the month of decision, and after assistance is approved. (3) A change in the cost of producing self-employment income is defined as an established permanent ongoing change in the operating expenses of a self-employment enterprise. Change in self-employment income is defined as a change in the nature of business. (4) When a change in operating expenses occurs, the department will recompute the expenses on the basis of the change. Human Services[441] IAC 6/10/26 Ch 41, p.29 (5) When a change occurs in the nature of the business, the income and expenses will be computed on the basis of the change. j. Special needs. (1) A special need as defined in subrule 41.28(3) must be documented before payment will be made. (2) A one-time special need occurs and is considered in determining need for the calendar month in which the special need is entered on the automated benefit calculation system. (3) An ongoing special need is considered in determining need for the calendar month following the calendar month in which the special need is entered on the automated benefit calculation system. (4) When the special need continues, payment will be included, prospectively, in each month’s FIP grant. When the special need ends, payment will be removed prospectively. Any overpayment for a special need will be recouped. k. When a family’s assistance for a month is subject to recoupment because the family was not eligible, individuals applying for assistance during the same month may be eligible for the FIP as a separate eligible group. Income of this new eligible group plus income of the parent or other legally responsible person in the home will be considered as available in determining eligibility and the amount of the grant. The income of an ineligible parent or other legally responsible person will be considered prospectively in accordance with subrules 41.27(4) and 41.27(8). 41.27(10) Aliens sponsored by individuals. When an alien admitted for lawful permanent residence is sponsored by a person who executed an enforceable affidavit of support as described in 8 U.S.C. Section 1631(a)(1) (as amended to December 31, 2024) on behalf of the alien, the income of the alien will be deemed to include the income of the sponsor (and of the sponsor’s spouse if living with the sponsor). The amount of the income of the sponsor and the sponsor’s spouse deemed to the alien will be the total gross earned and unearned income remaining after allowing the earned income deduction described in paragraph 41.27(2)“a,” the work incentive disregard described in paragraph 41.27(2)“c,” and diversions described in subrule 41.27(4). The following are exceptions to deeming of a sponsor’s income: a. Deeming of the sponsor’s income does not apply when: (1) The sponsored alien attains citizenship through naturalization pursuant to Chapter 2 of Title III of the Immigration and Nationality Act (as amended to December 31, 2024); (2) The sponsored alien has earned 40 qualifying quarters of coverage as defined in Title II of the Social Security Act (as amended to December 31, 2024) or can be credited with 40 “qualifying quarters” as defined in rule 441—40.21(239B); or (3) The sponsored alien or the sponsor dies. b. An indigent alien is exempt from the deeming of a sponsor’s income for 12 months after indigence is determined. An alien will be considered indigent if: (1) The alien does not live with the sponsor; and (2) The alien’s gross income, including any income received from or made available by the sponsor, is less than 100 percent of the federal poverty level for the sponsored alien’s household size. c. A battered alien as described in 8 U.S.C. Section 1641(c) (as amended to December 31, 2024) is exempt from the deeming of a sponsor’s income for 12 months. 41.27(11) Restriction on diversion of income. No income may be diverted to meet the needs of a person living in the home who has been sanctioned under subrule 41.24(8) or 41.25(5), or who has been disqualified under subrule 41.25(10) or rule 441—46.29(239B), or who is required to be included in the eligible group according to paragraph 41.28(1)“a” and has failed to cooperate. This restriction applies to paragraph 41.27(4)“a” and subrule 41.27(8). [ARC 9277C, IAB 5/14/25, effective 7/1/25]

41.28(1) Definition of the eligible group. The eligible group consists of all eligible people specified below and living together, except when one or more of these people receive supplemental security income under Title XVI of the Social Security Act, as amended to December 31, 2024. There will be at least one child in the eligible group except when the only eligible child is receiving supplemental security income. The unborn child is not considered a member of the eligible group for purposes of establishing the number of people in the eligible group. Human Services[441] Ch 41, p.30 IAC 6/10/26 a. The following persons will be included (except as otherwise provided in these rules), without regard to the person’s employment status, income or resources: (1) All dependent children who are siblings of whole or half blood or adoptive. (2) Any parent of such children, if the parent is living in the same home as the dependent children. b. The following persons may be included: (1) The needy specified relative who assumes the role of parent. (2) The needy specified relative who acts as payee when the parent is in the home, but is unable to act as payee. (3) An incapacitated stepparent, upon request, when the stepparent is the legal spouse of the parent by ceremonial or common-law marriage and the incapacitated stepparent does not have a child in the eligible group. 1. A stepparent is considered incapacitated when a clearly identifiable physical or mental defect has a demonstrable effect upon earning capacity or the performance of the homemaking duties required to maintain a home for the stepchild. The incapacity shall be expected to last for a period of at least 30 days from the date of application. 2. The determination of incapacity shall be supported by medical or psychological evidence. The evidence may be obtained from either an independent physician or psychologist or the state rehabilitation agency. The evidence may be submitted either by letter from the physician or on a form prescribed by the department. When an examination is required and other resources are not available to meet the expense of the examination, the physician shall be authorized to make the examination and submit the claim for payment on a form prescribed by the department. A finding of eligibility for social security benefits or supplemental security income benefits based on disability or blindness is acceptable proof of incapacity. 41.28(2) Schedule of needs. The schedule of living costs represents 100 percent of basic needs. The schedule of living costs is used to determine the needs of individuals when these needs must be determined in accordance with the “standard of need” as defined in rule 441—40.21(239B). The 185 percent schedule is included for the determination of eligibility in accordance with rule 441—41.27(239B). The schedule of basic needs is used to determine the basic needs of those persons whose needs are included in and are eligible for an FIP grant. The eligible group is considered a separate and distinct group without regard to the presence in the home of other persons, regardless of relationship to or whether they have a liability to support members of the eligible group. The schedule of basic needs is also used to determine the needs of persons not included in the assistance grant, when these needs must be determined in accordance with the “payment standard” as defined in rule 441—40.21(239B). The percentage of basic needs paid to one or more persons as compared to the schedule of living costs is shown on the chart below. SCHEDULE OF NEEDS Number of Persons 1 2 3 4 5 6 7 8 9 10 Each Additional Person 185% of Living Costs 675.25 1330.15 1570.65 1824.10 2020.20 2249.60 2469.75 2695.45 2915.60 3189.40 320.05 Schedule of Living Costs 365 719 849 986 1092 1216 1335 1457 1576 1724 173 Schedule of Basic Needs 183 361 426 495 548 610 670 731 791 865 87 Ratio of Basic Needs to Living Costs 50.18 50.18 50.18 50.18 50.18 50.18 50.18 50.18 50.18 50.18 50.18 CHART OF BASIC NEEDS COMPONENTS (all figures are on a per person basis) Number of Persons 1 2 3 4 5 6 7 8 9 10 or More Shelter 77.14 65.81 47.10 35.20 31.74 26.28 25.69 22.52 20.91 20.58 Utilities 19.29 16.45 11.77 8.80 7.93 6.57 6.42 5.63 5.23 5.14 Human Services[441] IAC 6/10/26 Ch 41, p.31 Number of Persons 1 2 3 4 5 6 7 8 9 10 or More Household Supplies 4.27 5.33 4.01 3.75 3.36 3.26 3.10 3.08 2.97 2.92 Food 34.49 44.98 40.31 39.11 36.65 37.04 34.00 33.53 32.87 32.36 Clothing 11.17 11.49 8.70 8.75 6.82 6.84 6.54 6.39 6.20 6.10 Pers. Care & Supplies 3.29 3.64 2.68 2.38 2.02 1.91 1.82 1.72 1.67 1.64 Med. Chest Supplies .99 1.40 1.34 1.13 1.15 1.11 1.08 1.06 1.09 1.08 Communi- cations 7.23 6.17 3.85 3.25 2.50 2.07 1.82 1.66 1.51 1.49 Transpor- tation 25.13 25.23 22.24 21.38 17.43 16.59 15.24 15.79 15.44 15.19 a. The definitions of the basic need components are as follows: (1) Shelter: Rental, taxes, upkeep, insurance, amortization. (2) Utilities: Fuel, water, lights, water heating, refrigeration, garbage. (3) Household supplies and replacements: Essentials associated with housekeeping and meal preparation. (4) Food: Including school lunches. (5) Clothing: Including layette, laundry, dry cleaning. (6) Personal care and supplies: Including regular school supplies. (7) Medicine chest items. (8) Communications: Telephone, newspapers, magazines. (9) Transportation: Includes bus fares and other out-of-pocket costs of operating a privately owned vehicle. b. Special situations in determining eligible group: (1) The needs of a child or children in a nonparental home will be considered a separate eligible group when the relative is receiving the FIP assistance for the relative’s own children. (2) When the unmarried specified relative under age 19 is living in the same home with a parent or parents who receive the FIP, the needs of the specified relative, when eligible, will be included in the same eligible group with the parent(s). When the specified relative is a parent, the needs of the eligible children for whom the unmarried parent is caretaker will be included in the same eligible group. When the specified relative is a nonparental relative, the needs of the eligible children for whom the specified relative is caretaker will be considered a separate eligible group. When the unmarried specified relative under the age of 19 is living in the same home as a parent(s) who receives the FIP but the specified relative is not an eligible child, need of the specified relative will be determined in the same manner as though the specified relative had attained majority. When the unmarried specified relative under the age of 19 is living with a nonparental relative or in an independent living arrangement, need will be determined in the same manner as though the specified relative had attained majority. When the unmarried specified relative is under the age of 18 and living in the same home with a parent(s) who does not receive the FIP, the needs of the specified relative, when eligible, will be included in the assistance grant with the children when the specified relative is a parent. When the specified relative is a nonparental relative as defined in subrule 41.22(3), only the needs of the eligible children will be included in the assistance grant. When the unmarried specified relative is aged 18, need will be determined in the same manner as though the specified relative had attained majority. (3) When a person who would ordinarily be in the eligible group is receiving supplemental security income benefits, the person, income, and resources will not be considered in determining FIP benefits for the rest of the family. (4) When two individuals, married to each other, are living in a common household and the children of each of them are recipients of assistance, the assistance grant will be computed on the basis of their comprising one eligible group. This rule is not intended to mandate that an application for assistance be made for children who are not the natural or adoptive children of the applicant. Human Services[441] Ch 41, p.32 IAC 6/10/26 41.28(3) Special needs. On the basis of demonstrated need the following special needs will be allowed, in addition to the basic needs. a. School expenses. Any specific charge, excluding tuition, for a child’s education made by the school, or in accordance with school requirements in connection with a course in the curriculum, will be allowed provided the allowance will not exceed the reasonable cost required to meet the specifications of the course, and the student is actually participating in the course at the time the expense is claimed. Payment will not be made for ordinary expenses for school supplies. b. Guardian/conservator fee. An amount not to exceed $10 per case per month may be allowed for guardian’s/conservator’s fees when authorized by appropriate court order. No additional payment is permitted for court costs or attorney’s fees. [ARC 9277C, IAB 5/14/25, effective 7/1/25]

be in the eligible group, are receiving supplemental security income benefits, the following subrules will apply: 41.29(1) Pending SSI approval. When a person who would ordinarily be in the eligible group has applied for supplemental security income benefits, the person’s needs may be included in the FIP grant pending approval of supplemental security income. 41.29(2) Ownership of property. When property is owned by both the supplemental security income beneficiary and the FIP recipient, each will be considered as having a half interest in order to determine the value of the resource, unless the terms of the deed or purchase contract clearly establish ownership on a different proportional basis. [ARC 9277C, IAB 5/14/25, effective 7/1/25]

41.30(1) Sixty-month limit. Assistance will not be provided to an FIP applicant or recipient family that includes an adult who has received assistance for 60 calendar months under FIP or under any program in another state that is funded by the federal Temporary Assistance for Needy Families (TANF) block grant unless the applicant or recipient family is eligible for a hardship as defined in subrule 41.30(3). The 60-month period need not be consecutive. In two-parent households or households that include a parent and a stepparent, the 60-month limit is determined when either a parent or stepparent has received assistance for 60 months. a. An “adult” is any person who is a parent of the FIP child in the home, the parent’s spouse, or included as an optional member under subparagraph 41.28(1)“b”(1) or “b”(2). b. “Assistance,” for the purpose of this rule, will include any month for which the adult receives an FIP grant or a payment in another state using federal TANF funds that the other state deems countable toward the 60-month federal limit. Assistance received for a partial month will count as a full month. 41.30(2) Determining number of months. a. In determining the number of months an adult received assistance, the department will consider toward the 60-month limit: (1) Assistance received even when the parent is excluded from the grant unless the parent, or both parents in a two-parent household, are SSI recipients. (2) Assistance received by an optional member of the eligible group as described in subparagraphs 41.28(1)“b”(1) and “b”(2). However, once the person has received assistance for 60 months, the person is ineligible but assistance may continue for other persons in the eligible group. The entire family is ineligible for assistance when the optional member who has received assistance for 60 months is the incapacitated stepparent on the grant as described in subparagraph 41.28(1)“b”(3). b. When the parent, or both parents in a two-parent household, have received 60 months of FIP assistance and are subsequently approved for supplemental security income, FIP assistance for the children may be granted, if all other eligibility requirements are met. c. When a minor parent and child receive FIP on the adult parent’s case and the adult parent is no longer eligible due to the 60-month limit on FIP assistance, the minor parent may reapply for FIP as a minor parent living with a self-supporting parent. Human Services[441] IAC 6/10/26 Ch 41, p.33 d. In determining the number of months an adult received assistance, the department will not consider toward the 60-month limit any month for which FIP assistance was not issued for the family, such as: (1) A month of suspension. (2) A month for which no grant is issued due to the limitations described in rules 441—45.26(239B) and 441—45.27(239B). e. The department will not consider toward the 60-month limit months of assistance a parent or pregnant person received as a minor child and not as the head of a household or married to the head of a household. This includes assistance received for a minor parent for any month in which the minor parent was a child on the adult parent’s or the specified relative’s FIP case. f. The department will not consider toward the 60-month limit months of assistance received by an adult while living in Indian country (as defined in 18 U.S.C. Section 1151 as amended to December 31, 2024) or a Native Alaskan village where at least 50 percent of the adults were not employed. 41.30(3) Exception to the 60-month limit. A family may receive FIP assistance for more than 60 months as defined in subrule 41.30(1) if the family qualifies for a hardship exemption as described in this subrule. “Hardship” is defined as a circumstance that is preventing the family from being self-supporting. However, the family’s safety will take precedence over the goal of self-sufficiency. a. Reserved. b. Eligibility determination. Eligibility for the hardship exemption will be determined on an individual family basis. A hardship exemption will not begin until the adult in the family has received at least 60 months of FIP assistance. c. Hardship exemption criteria. Circumstances that may lead to a hardship exemption may include the following: (1) Domestic violence. “Domestic violence” means that the family includes someone who has been battered or subjected to extreme cruelty. It includes: 1. Physical acts that resulted in, or threatened to result in, physical injury to the individual. 2. Sexual abuse. 3. Sexual activity involving a dependent child. 4. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities. 5. Threats of, or attempts at, physical or sexual abuse. 6. Mental abuse. 7. Neglect or deprivation of medical care. (2) Lack of employability. (3) Lack of suitable child care as defined in 441—subrule 93.4(5). (4) Chronic or recurring medical conditions or mental health issues, or an accident or disease, when verified by a professional. The applicant or recipient will follow a treatment plan to address the condition or issue. (5) Housing situations that make it difficult or impossible to work. (6) Substance use disorder. A family requesting a hardship exemption due to substance use disorder will be required to obtain clinical assessment and follow an intensive treatment plan. (7) Having a child whose circumstances require the parent to be in the home. This may include but is not limited to a child as defined in rule 441—170.1(237A) or a child receiving child welfare, juvenile court or juvenile justice services. The safety of the child will take precedence over the goal of self-sufficiency. (8) Reserved. (9) Other circumstances that prevent the family from being self-supporting. d. Eligibility for a hardship exemption. (1) Families may be eligible for a hardship exemption when circumstances prevent the family from being self-supporting. The hardship condition shall be a result of a past or current experience that is affecting the family’s current functioning. Current experience may include fear of an event that is likely to occur in the future. The definition of the hardship barrier relies upon the impact of the circumstances upon the family’s ability to leave FIP rather than the type of circumstances. Human Services[441] Ch 41, p.34 IAC 6/10/26 (2) Families with FIA-responsible persons who are not exempt from referral as defined in subrule 41.24(2) determined eligible for more than 60 months of FIP shall make incremental steps toward overcoming the hardship and participate to their maximum potential in activities reasonably expected to result in self-sufficiency. (3) Barriers to economic self-sufficiency that an FIA-responsible person who is not exempt as defined in subrule 41.24(2) has that were known and existing before the family reached the 60-month limit will not be considered as meeting eligibility criteria for hardship unless the individual complied with PROMISE JOBS activities offered to overcome that specific barrier. e. Requesting a hardship exemption. (1) Families that have or are close to having received 60 months of assistance as defined in subrule 41.30(1) may request a hardship exemption. Requests for the hardship exemption shall be made on a hardship request form prescribed by the department. In addition, families that have received assistance for 60 months and are no longer receiving FIP shall complete an application form prescribed by the department as a condition for regaining FIP eligibility. Failure to provide the required application within ten days from the date of the department’s request will result in denial of the hardship request. (2) In families that request FIP beyond 60 months, all adults as defined in subrule 41.30(1) shall sign the request. When the adult is incompetent or incapacitated, someone acting responsibly on the adult’s behalf may sign the request. (3) Requests for a hardship exemption will not be accepted prior to the first day of the family’s fifty- ninth month of assistance. The date of the request will be the date an identifiable hardship request form prescribed by the department is received in any department or PROMISE JOBS office. An identifiable form is one that contains a legible name and address and that has been signed. (4) To receive more than 60 months of FIP assistance, families must be eligible for a hardship exemption and meet all other FIP eligibility requirements. (5) When an adult as defined in subrule 41.30(1) who has received assistance for 60 months joins a recipient family that has not received 60 months of assistance, eligibility will continue only if the recipient family submits a hardship request form prescribed by the department and is approved for a hardship exemption as described in subrule 41.30(3) and meets all other FIP eligibility requirements. (6) When an adult as defined in subrule 41.30(1) joins a recipient family that is in an exemption period, the current exemption period will continue, if the recipient family continues to meet all other eligibility requirements, regardless of whether the joining adult has received FIP for 60 months. (7) When two parents who are in a hardship exemption period separate, the remainder of the exemption period, if there is a need, will follow the parent who retains the current FIP case. f. Determination of hardship exemption. (1) A determination on the request will be made as soon as possible, but no later than 30 days following the date an identifiable hardship request form prescribed by the department is received in any department or PROMISE JOBS office. A written notice of decision will be issued to the family the next working day following a determination of eligibility or ineligibility for a hardship exemption. The 30-day time standard will apply except in unusual circumstances, such as when the department and the family have made every reasonable effort to secure necessary information that has not been supplied by the date the time limit expired; or because of emergency situations, such as fire, flood or other conditions beyond the administrative control of the department. (2) When a Financial Support Application is required to regain FIP eligibility, the 30-day time frame in rule 441—40.25(239B) will apply. (3) Income maintenance will determine eligibility for a hardship exemption. (4) The family shall provide supporting evidence of the hardship barrier and the impact of the barrier upon the family’s ability to leave FIP. The department will advise the applicant or recipient about how to obtain necessary documents. Upon request, the department will provide reasonable assistance in obtaining supporting documents when the family is not reasonably able to obtain the documents. The type of supporting evidence is dependent upon the circumstance that creates the hardship barrier. (5) Examples of types of supporting evidence may include: Human Services[441] IAC 6/10/26 Ch 41, p.35 1. Court, medical, criminal, child protective services, social services, psychological, or law enforcement records. 2. Statements from professionals or other individuals with knowledge of the hardship barrier. 3. Statements from vocational rehabilitation or other job training professionals. 4. Statements from individuals other than the applicant or recipient with knowledge of the hardship circumstances. Written statements from friends and relatives alone may not be sufficient to grant hardship status, but may be used to support other evidence. 5. Court, criminal, police records or statements from domestic violence counselors may be used to substantiate hardship. Living in a domestic violence shelter will not automatically qualify an individual for a hardship exemption, but would be considered strong evidence. 6. Actively pursuing verification of a disability through the Social Security Administration may not be sufficient to grant hardship status, but may be used to support other evidence. (6) The department will notify the family in writing of additional information or verification that is required to verify the barrier and its impact upon the family’s ability to leave FIP. The family will be allowed ten days to supply the required information or verification. The ten-day period may be extended under the circumstances described in 441—subrule 40.24(1) or 441—paragraph 40.27(4)“c.” Failure to supply the required information or verification, or refusal by the family to authorize the department to secure the information or verification from other sources, will result in denial of the family’s request for a hardship exemption. (7) and (8) Reserved. (9) Recipients whose FIP assistance is canceled at the end of the sixtieth month will be eligible for reinstatement as described in 441—subrule 40.22(5) when a hardship request form prescribed by the department is received before the effective date of cancellation even if eligibility for a hardship exemption is not determined until on or after the effective date of cancellation. (10) When a hardship request form prescribed by the department is not received before the effective date of the FIP cancellation and a Financial Support Application is required for the family to regain FIP eligibility, the effective date of assistance will be no earlier than seven days from the date of application as described in rule 441—40.26(239B). (11) Eligibility for a hardship exemption will last for six consecutive calendar months. Exception: The six-month hardship exemption ends when FIP for the family is canceled for any reason and a Financial Support Application is required for the family to regain FIP eligibility. In addition, when FIP eligibility depends on receiving a hardship exemption, the family shall submit a new hardship request form prescribed by the department. A new hardship exemption determination will be required prior to FIP approval. (12) FIP received for a partial month of the six-month hardship exemption period will count as a full month. (13) There is no limit on the number of hardship exemptions a family may receive over time. g. Six-month FIA. Families who request a hardship exemption shall develop and sign a six-month FIA as defined in 441—93.4(239B) to address the circumstances that are creating the barrier. All adults as defined in subrule 41.30(1) shall sign the six-month FIA unless the adult is a stepparent and is not requesting assistance or is exempt as specified at subrule 41.24(2). (1) The six-month FIA shall contain specific steps to enable the family to make incremental progress toward overcoming the barrier. Each subsequent hardship exemption will require a new six-month FIA. Failure to develop or sign a six-month FIA will result in denial of the family’s hardship exemption request. (2) Families that request a hardship exemption will be notified verbally and will be hand-issued the notice of a scheduled appointment for orientation and FIA development. If the notice of appointment cannot be hand-issued, at least five working days will be allowed from the date the notice is mailed for a participant to appear for the scheduled appointment for orientation and FIA development unless the participant agrees to an appointment that is scheduled to take place in less than five working days. (3) Failure to attend a scheduled interview when required, except for reasons beyond the adult’s control, will result in a denial of the family’s hardship exemption request. In two-parent families, both parents will be required to participate in any scheduled interview. When the adult is incompetent or incapacitated, someone acting responsibly on the adult’s behalf may participate in the interview. Human Services[441] Ch 41, p.36 IAC 6/10/26 (4) PROMISE JOBS staff shall provide necessary supportive services as described in 441—Chapter 93 and shall monitor the six-month FIA. Periodic contacts shall be made with the family to monitor progress. These contacts need not be in person. Time and attendance reports shall be required as specified in 441—subrule 93.10(2). (5) The six-month FIA shall be renegotiated and amended under the circumstances described in 441—subrule 93.4(8). (6) Any family that is not exempt from referral as defined in subrule 41.24(2), that has been granted a hardship exemption, and that does not follow the terms of the family’s six-month FIA will have chosen an LBP in accordance with 441—Chapter 41 and 441—Chapter 93. h. Any family that is denied a hardship exemption may appeal the decision as described in 441—Chapter 2506. [ARC 9277C, IAB 5/14/25, effective 7/1/25; Editorial change: IAC Supplement 6/10/26] These rules are intended to implement Iowa Code chapter 239B. [Filed 6/23/55; amended 4/12/72, 8/30/72, 11/20/72, 12/28/72, 6/21/73, 10/24/73, 3/20/74, 7/1/74, 12/2/74, 3/21/75] [Emergency amendments filed and effective 9/19/75—published 10/6/75] [Filed 11/25/75, Notice 10/6/75—published 12/15/75, effective 1/19/76] [Filed 6/25/76, Notice 5/17/76—published 7/12/76, effective 8/16/76] [Filed without notice 7/29/76—published 8/23/76, effective 9/27/76] [Filed emergency 7/29/76—published 8/23/76, effective 7/29/76] [Filed 9/29/76, Notice 8/23/76—published 10/20/76, effective 11/24/76] [Filed 4/13/77, Notice 2/23/77—published 5/4/77, effective 6/8/77, 7/1/77] [Filed emergency 7/20/77—published 8/10/77, effective 7/20/77] [Filed 8/18/77, Notice 6/15/77—published 9/7/77, effective 10/12/77] [Filed 1/16/78, Notice 9/7/77—published 2/8/78, effective 3/15/78] [Filed 2/8/78, Notice 12/28/77—published 3/8/78, effective 4/12/78] [Filed 6/1/78, Notice 4/19/78—published 6/28/78, effective 4/19/78] [Filed emergency 6/28/78—published 7/26/78, effective 7/1/78] [Filed 8/9/78, Notice 6/28/78—published 9/6/78, effective 11/1/78] [Filed 9/12/78, Notice 7/26/78—published 10/4/78, effective 11/8/78] [Filed 12/6/78, Notice 10/4/78—published 12/27/78, effective 2/1/79] [Filed 1/4/79, Notice 11/29/78—published 1/24/79, effective 3/1/79] [Filed 1/31/79, Notice 11/29/78—published 2/21/79, effective 4/1/79] [Filed 2/2/79, Notice 12/27/78—published 2/21/79, effective 3/28/79] [Filed 3/30/79, Notice 2/21/79—published 4/18/79, effective 5/23/79] [Filed 6/5/79, Notice 4/4/79—published 6/27/79, effective 8/1/79] [Filed emergency 6/26/79—published 7/25/79, effective 7/1/79] [Filed 7/3/79, Notice 4/18/79—published 7/25/79, effective 9/1/79] [Filed 8/2/79, Notice 5/30/79—published 8/22/79, effective 9/26/79] [Filed 8/2/79, Notice 5/30/79—published 8/22/79, effective 10/1/79] [Filed emergency after Notice 9/6/79, Notice 7/11/79—published 10/3/79, effective 10/1/79] [Filed 9/6/79, Notice 7/11/79—published 10/3/79, effective 12/1/79] [Filed 9/27/79, Notices 2/21/79, 4/18/79—published 10/17/79, effective 12/1/79] [Filed 10/24/79, Notice 8/22/79—published 11/14/79, effective 1/1/80] [Filed 4/4/80, Notice 1/23/80—published 4/30/80, effective 6/4/80] [Filed emergency 5/5/80—published 5/28/80, effective 5/5/80] [Filed emergency 6/4/80—published 6/25/80, effective 6/4/80] [Filed 6/4/80, Notice 1/9/80—published 6/25/80, effective 8/1/80] [Filed emergency 6/30/80—published 7/23/80, effective 7/1/80] [Filed 7/3/80, Notice 5/14/80—published 7/23/80, effective 9/1/80] [Filed 9/25/80, Notice 8/6/80—published 10/15/80, effective 11/19/80] Human Services[441] IAC 6/10/26 Ch 41, p.37 [Filed 9/25/80, Notices 5/14/80, 7/23/80—published 10/15/80, effective 12/1/80] [Filed 1/16/81, Notice 11/12/80—published 2/4/81, effective 4/1/81] [Filed emergency 3/24/81—published 4/15/81, effective 3/24/81] [Filed emergency 3/24/81—published 4/15/81, effective 4/1/81] [Filed 3/24/81, Notice 2/4/81—published 4/15/81, effective 6/1/81] [Filed without Notice 3/24/81—published 4/15/81, effective 6/1/81] [Filed 4/23/81, Notices 2/18/81, 3/4/81—published 5/13/81, effective 7/1/81] [Filed emergency 6/30/81—published 7/22/81, effective 7/1/81] [Filed emergency 9/25/81—published 10/14/81, effective 10/1/81] [Filed emergency 10/23/81—published 11/11/81, effective 11/1/81]◊ [Filed 10/23/81, Notice 8/19/81—published 11/11/81, effective 1/1/82] [Filed 11/20/81, Notice 10/14/81—published 12/9/81, effective 2/1/82] [Filed 1/28/82, Notice 11/11/81—published 2/17/82, effective 4/1/82] [Filed 2/26/82, Notice 12/9/81—published 3/17/82, effective 5/1/82] [Filed 4/5/82, Notice 1/20/82—published 4/28/82, effective 7/1/82] [Filed emergency 5/21/82—published 6/9/82, effective 6/1/82] [Filed emergency 5/21/82—published 6/9/82, effective 7/1/82] [Filed 6/15/82, Notice 3/17/82—published 7/7/82, effective 9/1/82] [Filed emergency 7/1/82—published 7/21/82, effective 7/1/82] [Filed emergency 7/30/82—published 8/18/82, effective 7/30/82] [Filed 7/30/82, Notice 4/14/82—published 8/18/82, effective 10/1/82] [Filed emergency 9/23/82—published 10/13/82, effective 10/1/82] [Filed emergency 10/29/82—published 11/24/82, effective 11/1/82]◊ [Filed emergency 2/25/83—published 3/16/83, effective 3/1/83] [Filed 2/25/83, Notice 10/27/82—published 3/16/83, effective 5/1/83] [Filed 2/25/83, Notices 7/7/82, 9/1/82—published 3/16/83, effective 5/1/83] [Filed emergency 3/25/83—published 4/13/83, effective 5/1/83] [Filed 4/15/83, Notice 10/27/82—published 5/11/83, effective 7/1/83] [Filed 4/21/83, Notice 2/16/83—published 5/11/83, effective 7/1/83] [Filed emergency 5/20/83—published 6/8/83, effective 6/1/83] [Filed emergency 6/17/83—published 7/6/83, effective 7/1/83] [Filed emergency 9/1/83—published 9/28/83, effective 9/1/83] [Filed 9/1/83, Notice 6/22/83—published 9/28/83, effective 11/2/83] [Filed emergency 9/26/83—published 10/12/83, effective 9/30/83] [Filed emergency 9/26/83—published 10/12/83, effective 10/1/83] [Filed 11/18/83, Notices 9/28/83, 10/12/83—published 12/7/83, effective 2/1/84]◊ [Filed 12/16/83, Notice 11/9/83—published 1/4/84, effective 2/8/84] [Filed 12/16/83, Notices 3/16/83, 5/11/83, 6/8/83—published 1/4/84, effective 3/1/84] [Filed emergency 6/15/84—published 7/4/84, effective 7/1/84] [Filed emergency 7/13/84—published 8/1/84, effective 8/1/84] [Filed emergency 9/28/84—published 10/24/84, effective 10/1/84] [Filed without Notice 9/28/84—published 10/24/84, effective 12/1/84] [Filed emergency 11/1/84—published 11/21/84, effective 11/1/84] [Filed emergency 11/16/84—published 12/5/84, effective 12/1/84] [Filed emergency 12/11/84—published 1/2/85, effective 1/1/85] [Filed emergency 1/21/85—published 2/13/85, effective 2/1/85] [Filed 1/21/85, Notice 12/5/84—published 2/13/85, effective 4/1/85] [Filed 3/4/85, Notice 1/2/85—published 3/27/85, effective 5/1/85] [Filed emergency after Notice 3/22/85, Notice 2/13/85—published 4/10/85, effective 4/1/85] [Filed 3/22/85, Notices 1/30/85, 2/13/85—published 4/10/85, effective 6/1/85] Human Services[441] Ch 41, p.38 IAC 6/10/26 [Filed 4/29/85, Notice 10/24/84—published 5/22/85, effective 7/1/85] [Filed emergency 6/14/85—published 7/3/85, effective 7/1/85] [Filed 7/26/85, Notice 6/5/85—published 8/14/85, effective 10/1/85] [Filed emergency after Notice 11/15/85, Notice 9/25/85—published 12/4/85, effective 12/1/85] [Filed 11/15/85, Notice 10/9/85—published 12/4/85, effective 2/1/86] [Filed emergency after Notice 12/2/85, Notice 10/23/85—published 12/18/85, effective 1/1/86] [Filed 3/21/86, Notice 9/25/85—published 4/9/86, effective 6/1/86] [Filed without Notice 4/28/86—published 5/21/86, effective 7/1/86] [Filed emergency 5/28/86 after Notice 4/9/86—published 6/18/86, effective 6/1/86] [Filed emergency 7/25/86 after Notice 6/4/86—published 8/13/86, effective 8/1/86] [Filed emergency 8/28/86 after Notice 7/16/86—published 9/24/86, effective 9/1/86] [Filed 9/3/86, Notice 7/2/86—published 9/24/86, effective 11/1/86] [Filed emergency 11/14/86 after Notice 10/8/86—published 12/3/86, effective 12/1/86] [Filed 11/14/86, Notice 10/8/86—published 12/3/86, effective 2/1/87] [Filed emergency 1/15/87—published 2/11/87, effective 1/15/87] [Filed emergency 1/15/87—published 2/11/87, effective 2/1/87] [Filed 4/29/87, Notice 3/11/87—published 5/20/87, effective 7/1/87] [Filed emergency 8/28/87—published 9/23/87, effective 9/1/87] [Filed 10/23/87, Notice 7/15/87—published 11/18/87, effective 1/1/88] [Filed 11/25/87, Notice 9/23/87—published 12/16/87, effective 2/1/88] [Filed 2/17/88, Notice 12/30/87—published 3/9/88, effective 6/1/88] [Filed without Notice 3/17/88—published 4/6/88, effective 6/1/88] [Filed 3/17/88, Notice 1/27/88—published 4/6/88, effective 6/1/88] [Filed 4/22/88, Notice 3/9/88—published 5/18/88, effective 7/1/88] [Filed 5/13/88, Notices 12/16/87, 3/23/88—published 6/1/88, effective 8/1/88] [Filed emergency 6/9/88 after Notice 5/4/88—published 6/29/88, effective 7/1/88] [Filed emergency 12/8/88—published 12/28/88, effective 12/8/88] [Filed 2/16/89, Notice 1/11/89—published 3/8/89, effective 5/1/89] [Filed emergency 4/13/89 after Notice 3/8/89—published 5/3/89, effective 5/1/89] [Filed 4/13/89, Notices 2/22/89, 3/8/89—published 5/3/89, effective 7/1/89] [Filed emergency 6/9/89—published 6/28/89, effective 7/1/89] [Filed emergency 6/29/89 after Notice 5/3/89—published 7/26/89, effective 7/1/89] [Filed 8/17/89, Notice 6/28/89—published 9/6/89, effective 11/1/89] [Filed emergency 9/15/89—published 10/4/89, effective 10/1/89] [Filed 12/15/89, Notice 7/26/89—published 1/10/90, effective 3/1/90] [Filed emergency 2/16/90—published 3/7/90, effective 4/1/90] [Filed 4/13/90, Notices 2/21/90, 3/7/90—published 5/2/90, effective 7/1/90] [Filed emergency 5/11/90—published 5/30/90, effective 7/1/90] [Filed 6/14/90, Notice 4/18/90—published 7/11/90, effective 9/1/90] [Filed 7/13/90, Notice 5/30/90—published 8/8/90, effective 10/1/90] [Filed emergency 8/16/90 after Notice 7/11/90—published 9/5/90, effective 9/1/90] [Filed 8/16/90, Notice 6/13/90—published 9/5/90, effective 11/1/90] [Filed 12/13/90, Notice 10/31/90—published 1/9/91, effective 3/1/91] [Filed emergency 2/14/91 after Notice 1/9/91—published 3/6/91, effective 3/1/91] [Filed emergency 3/14/91—published 4/3/91, effective 3/14/91] [Filed without Notice 4/11/91—published 5/1/91, effective 7/1/91] [Filed 5/17/91, Notice 3/20/91—published 6/12/91, effective 8/1/91] [Filed emergency 6/14/91—published 7/10/91, effective 7/1/91] [Filed 7/10/91, Notice 5/29/91—published 8/7/91, effective 10/1/91] [Filed 9/18/91, Notice 7/10/91◊—published 10/16/91, effective 12/1/91] Human Services[441] IAC 6/10/26 Ch 41, p.39 [Filed emergency 10/10/91 after Notice 9/4/91—published 10/30/91, effective 11/1/91] [Filed 11/15/91, Notice 9/18/91—published 12/11/91, effective 2/1/92] 1[Filed 12/11/91, Notice 10/16/91—published 1/8/92, effective 3/1/92]◊ [Filed 1/16/92, Notice 9/18/91—published 2/5/92, effective 4/1/92] [Filed emergency 4/15/92—published 5/13/92, effective 4/16/92] [Filed emergency 6/11/93 after Notice 4/28/93—published 7/7/93, effective 7/1/93] [Filed emergency 9/17/93—published 10/13/93, effective 10/1/93] [Filed emergency 11/12/93—published 12/8/93, effective 1/1/94] [Filed 12/16/93, Notice 10/13/93—published 1/5/94, effective 3/1/94] [Filed 2/10/94, Notice 12/8/93—published 3/2/94, effective 5/1/94] [Filed 8/12/94, Notice 7/6/94—published 8/31/94, effective 11/1/94] [Filed emergency 1/11/95 after Notice 11/23/94—published 2/1/95, effective 2/1/95] [Filed 2/16/95, Notice 11/23/94—published 3/15/95, effective 5/1/95] [Filed 7/12/95, Notice 5/10/95—published 8/2/95, effective 10/1/95] [Filed without Notice 9/25/95—published 10/11/95, effective 12/1/95] [Filed emergency 11/16/95—published 12/6/95, effective 12/1/95] [Filed emergency 1/10/96 after Notice 10/11/95—published 1/31/96, effective 2/1/96] [Filed 1/10/96, Notice 10/11/95—published 1/31/96, effective 4/1/96] [Filed 8/15/96, Notice 5/8/96—published 9/11/96, effective 11/1/96] [Filed emergency 9/19/96—published 10/9/96, effective 9/19/96] [Filed emergency 12/12/96—published 1/1/97, effective 1/1/97] [Filed 12/12/96, Notice 10/9/96—published 1/1/97, effective 3/1/97] [Filed emergency 1/15/97—published 2/12/97, effective 3/1/97] [Filed 3/12/97, Notice 1/1/97—published 4/9/97, effective 6/1/97] [Filed 4/11/97, Notice 2/12/97—published 5/7/97, effective 7/1/97] [Filed emergency 6/12/97—published 7/2/97, effective 7/1/97] [Filed emergency 9/16/97—published 10/8/97, effective 10/1/97] [Filed 9/16/97, Notice 7/2/97—published 10/8/97, effective 12/1/97] [Filed 11/12/97, Notice 9/10/97—published 12/3/97, effective 2/1/98] [Filed 11/12/97, Notice 9/10/97—published 12/3/97, effective 3/1/98] [Filed 12/10/97, Notice 10/8/97—published 12/31/97, effective 3/1/98] [Filed emergency 1/14/98 after Notice 11/19/97—published 2/11/98, effective 2/1/98] [Filed emergency 6/10/98—published 7/1/98, effective 7/1/98] [Filed 6/10/98, Notice 5/6/98—published 7/1/98, effective 9/1/98] [Filed 8/12/98, Notice 7/1/98—published 9/9/98, effective 11/1/98] [Filed 3/10/99, Notice 11/18/98—published 4/7/99, effective 5/31/99] [Filed 3/10/99, Notice 11/18/98—published 4/7/99, effective 6/1/99] [Filed 4/15/99, Notice 2/10/99—published 5/5/99, effective 7/1/99] [Filed emergency 6/10/99—published 6/30/99, effective 7/1/99] [Filed 6/10/99, Notice 4/21/99—published 6/30/99, effective 9/1/99] [Filed 8/11/99, Notice 6/30/99—published 9/8/99, effective 11/1/99] [Filed 12/8/99, Notice 11/3/99—published 12/29/99, effective 3/1/00] [Filed emergency 3/8/00—published 4/5/00, effective 4/1/00] [Filed 5/10/00, Notice 3/22/00—published 5/31/00, effective 8/1/00] [Filed 6/8/00, Notice 4/5/00—published 6/28/00, effective 9/1/00] [Filed 9/12/00, Notice 7/12/00—published 10/4/00, effective 12/1/00] [Filed 10/11/00, Notice 8/23/00—published 11/1/00, effective 1/1/01] [Filed 6/13/01, Notice 4/18/01—published 7/11/01, effective 9/1/01] [Filed emergency 11/14/01—published 12/12/01, effective 11/14/01] [Filed 12/12/01, Notice 10/17/01—published 1/9/02, effective 3/1/02] Human Services[441] Ch 41, p.40 IAC 6/10/26 ◊ 1 [Filed 2/14/02, Notice 12/12/01—published 3/6/02, effective 5/1/02] [Filed emergency 3/14/02—published 4/3/02, effective 4/1/02] [Filed 4/10/02, Notice 11/14/01—published 5/1/02, effective 7/1/02] [Filed 5/9/02, Notice 4/3/02—published 5/29/02, effective 8/1/02] [Filed emergency 12/12/02 after Notice 10/30/02—published 1/8/03, effective 1/1/03] [Filed emergency 6/14/04—published 7/7/04, effective 7/1/04] [Filed 7/1/04, Notice 1/21/04—published 7/21/04, effective 9/1/04] [Filed 9/23/04, Notice 7/7/04—published 10/13/04, effective 11/17/04] [Filed 8/12/05, Notice 6/8/05—published 8/31/05, effective 11/1/05] [Filed emergency 11/16/05—published 12/7/05, effective 12/1/05] [Filed 10/20/06, Notice 8/30/06—published 11/8/06, effective 1/1/07] [Filed emergency 6/13/07—published 7/4/07, effective 8/1/07] [Filed 9/12/07, Notice 7/4/07—published 10/10/07, effective 11/14/07] [Filed emergency 3/12/08—published 4/9/08, effective 3/12/08] [Filed 6/11/08, Notice 4/9/08—published 7/2/08, effective 8/6/08] [Filed 7/9/08, Notice 5/21/08—published 7/30/08, effective 10/1/08] [Filed emergency 8/15/08 after Notice 7/2/08—published 9/10/08, effective 10/1/08] [Filed emergency 10/14/08 after Notice 8/27/08—published 11/5/08, effective 11/1/08] [Filed emergency 12/11/08 after Notice 10/8/08—published 1/14/09, effective 2/1/09] [Filed 12/15/08, Notice 10/22/08—published 1/14/09, effective 3/1/09] [Filed ARC 8004B (Notice ARC 7776B, IAB 5/20/09), IAB 7/29/09, effective 10/1/09] [Filed Emergency After Notice ARC 8500B (Notice ARC 8272B, IAB 11/4/09), IAB 2/10/10, effective 3/1/10] [Filed ARC 9043B (Notice ARC 8853B, IAB 6/16/10), IAB 9/8/10, effective 11/1/10] [Filed ARC 9439B (Notice ARC 9309B, IAB 12/29/10), IAB 4/6/11, effective 6/1/11] [Filed ARC 0148C (Notice ARC 0048C, IAB 3/21/12), IAB 6/13/12, effective 8/1/12] [Filed ARC 1146C (Notice ARC 0914C, IAB 8/7/13), IAB 10/30/13, effective 1/1/14] [Filed ARC 1208C (Notice ARC 0999C, IAB 9/4/13), IAB 12/11/13, effective 2/1/14] [Filed ARC 1207C (Notice ARC 1001C, IAB 9/4/13), IAB 12/11/13, effective 2/1/14] [Filed ARC 1478C (Notice ARC 1385C, IAB 3/19/14), IAB 6/11/14, effective 8/1/14] [Filed ARC 1694C (Notice ARC 1588C, IAB 8/20/14), IAB 10/29/14, effective 1/1/15] [Filed ARC 2272C (Notice ARC 2147C, IAB 9/16/15), IAB 12/9/15, effective 2/1/16] [Filed ARC 2812C (Notice ARC 2684C, IAB 8/17/16), IAB 11/9/16, effective 1/1/17] [Filed ARC 4973C (Notice ARC 4675C, IAB 9/25/19), IAB 3/11/20, effective 4/15/20] [Filed ARC 6496C (Notice ARC 6369C, IAB 6/15/22), IAB 9/7/22, effective 11/1/22] [Filed ARC 9277C (Notice ARC 8716C, IAB 1/8/25), IAB 5/14/25, effective 7/1/25] [Editorial change: IAC Supplement 6/10/26] Two or more ARCs Effective date of 3/1/92 delayed until adjournment of the 1992 General Assembly by the Administrative Rules Review Committee at its meeting held February 3, 1992. Human Services[441] IAC 6/10/26 Ch 41, p.41

CHAPTER 41 GRANTING ASSISTANCE [Prior to 7/1/83, Social Services[770] Ch 41] [Prior to 2/11/87, Human Services[498]] [Rescinded IAB 2/12/97, effective 3/1/97] Chapter rescission date pursuant to Iowa Code section 17A.7: 7/1/30 441—41.1 to 41.20 Reserved. 441—41.21(239B) Eligibility factors specific to child. 41.21(1) Age. The family investment program (FIP) will be available to a needy child under the age of 18 years without regard to school attendance. A child is eligible for the entire month in which the child’s eighteenth birthday occurs unless the birthday falls on the first day of the month. The FIP will also be available to a needy child of 18 years who is a full-time student in a secondary school, or in the equivalent level of vocational or technical training, as defined in paragraph 41.24(2)“e,” and who is reasonably expected to complete the program before reaching the age of 19. 41.21(2) Reserved. 41.21(3) Residing with relative. The child must be living in the home of one of the relatives specified in subrule 41.22(3). When an unwed mother intends to place her child for adoption shortly after birth, the child will be considered as living with the mother until the time custody is actually relinquished. a. Living with relatives implies primarily the existence of a relationship involving an accepted responsibility on the part of the relative for the child’s welfare, including the sharing of a common household. b. Home is the family setting maintained or in the process of being established as evidenced by the assumption and continuation of responsibility for the child by the relative. [ARC 9277C, IAB 5/14/25, effective 7/1/25] 441—41.22(239B) Eligibility factors specific to payee. 41.22(1) and 41.22(2) Reserved. 41.22(3) Specified relationship. a. A child may be considered as meeting the requirement of living with a specified relative if the child’s home is with one of the relatives listed in Iowa Code section 239B.1(13) or with a spouse of the relative even though the marriage is terminated by death or divorce. b. A relative of the putative father can qualify as a specified relative if the putative father has acknowledged paternity by the type of written evidence on which a prudent person would rely. c. The FIP is available to a child of unmarried parents the same as to a child of married parents when all eligibility factors are met. d. The presence of an able-bodied stepparent in the home will not disqualify a child for assistance, provided that other eligibility factors are met. 41.22(4) Liability of relatives. All appropriate steps will be taken to secure support from legally liable persons on behalf of all persons in the eligible group, including the establishment of paternity. a. When necessary to establish eligibility, the income maintenance unit will make the initial contact with the absent parent at the time of application. Subsequent contacts will be made by child support services. b. When contact with the FIP family or other sources of information indicate that relatives other than parents and spouses of the eligible children are contributing toward the support of members of the eligible group, have contributed in the past, or are of such financial standing they might reasonably be expected to contribute, the income maintenance unit will contact these persons to verify current contributions or arrange for contributions on a voluntary basis. 41.22(5) Referral to child support services. The income maintenance unit will provide prompt notice to child support services pursuant to Iowa Code section 239B.2(6). Human Services[441] IAC 5/14/25 Ch 41, p.1

a. A referral to child support services will not be made when a parent’s absence is occasioned solely by reason of the performance of active duty in the uniformed services of the United States. “Uniformed service” means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration, or Public Health Service of the United States. b. “Prompt notice” means within two working days of the date assistance is approved. 41.22(6) Cooperation in obtaining support. Each applicant for or recipient of the FIP shall cooperate with the department in establishing paternity and securing support for persons whose needs are included in the assistance grant, except when good cause as defined in subrule 41.22(8) for refusal to cooperate is established. a. The applicant or recipient must cooperate in the following areas: (1) Identifying and locating the parent of the child for whom aid is claimed. (2) Establishing the paternity of a child born out of wedlock for whom aid is claimed. (3) Obtaining support payments for the applicant or recipient and for a child for whom aid is claimed. b. Cooperation is defined as including the following actions by the applicant or recipient: (1) Appearing at the office of the income maintenance unit or child support services to provide verbal or written information or documentary evidence known to, possessed by, or reasonably obtained by the applicant or recipient that is relevant to achieving the objectives of the child support recovery program. (2) Appearing as a witness at judicial or other hearings or proceedings. (3) Providing information, or attesting to the lack of information, under penalty of perjury. (4) Paying to the department any cash support payments for a member of the eligible group, except as described in paragraph 41.27(7)“p,” received by a recipient after the date of decision as defined in 441—subrule 40.24(4). (5) Providing the name of the absent parent and additional necessary information. c. The applicant or recipient shall cooperate with the income maintenance unit in supplying information with respect to the absent parent, the receipt of support, and the establishment of paternity, to the extent necessary to establish eligibility for assistance and permit an appropriate referral to child support services. d. The applicant or recipient shall cooperate with child support services to the extent of supplying all known information and documents pertaining to the location of the absent parent and taking action as may be necessary to secure or enforce a support obligation or establish paternity. This includes completing and signing documents determined to be necessary by the state’s attorney for any relevant judicial or administrative process. e. In the circumstance as described in paragraph 41.22(6)“b”(4), the income maintenance unit will make the determination of whether or not the applicant or recipient has cooperated. In all other instances, child support services will make the determination of whether the applicant or recipient has cooperated. Child support services delegates the income maintenance unit to make this determination for applicants. f. Failure to cooperate will result in a sanction to the family. The sanction will be a deduction of 25 percent from the net cash assistance grant amount payable to the family before any deduction for recoupment of a prior overpayment. (1) When the income maintenance unit determines noncooperation, the sanction will be implemented after the noncooperation has occurred. The sanction will remain in effect until the client has expressed willingness to cooperate. However, any action to remove the sanction will be delayed until cooperation has occurred. (2) When child support services makes the determination, the sanction will be implemented upon notification from child support services to the income maintenance unit that the client has failed to cooperate. The sanction will remain in effect until the client has expressed to either income maintenance or child support services staff willingness to cooperate. However, any action to remove the sanction will be delayed until income maintenance is notified by child support services that the client has cooperated. 41.22(7) Assignment of support payments. a. Each applicant for or recipient of assistance shall assign to the department any rights to support pursuant to Iowa Code section 239B.6. Human Services[441] Ch 41, p.2 IAC 5/14/25

b. An assignment is effective the same date all eligibility information is entered into the department’s computer system and is effective for the entire period for which assistance is paid. 41.22(8) Good cause for refusal to cooperate. Good cause exists when it is determined that cooperation in establishing paternity and securing support is against the best interests of the child. a. The income maintenance unit will determine that cooperation is against the child’s best interest when the applicant’s or recipient’s cooperation in establishing paternity or securing support is reasonably anticipated to result in: (1) Physical harm to the child for whom support is to be sought; or (2) Emotional harm to the child for whom support is to be sought; or (3) Physical harm to the parent or caretaker relative with whom the child is living that reduces the person’s capacity to care for the child adequately; or (4) Emotional harm to the parent or caretaker relative with whom the child is living of a nature or degree that it reduces the person’s capacity to care for the child adequately. b. The income maintenance unit will determine that cooperation is against the child’s best interest when at least one of the following circumstances exists, and the income maintenance unit believes that because of the existence of that circumstance, in the particular case, proceeding to establish paternity or secure support would be detrimental to the child for whom support would be sought. (1) The child for whom support is sought was conceived as a result of incest or forcible rape. (2) Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction. (3) The applicant or recipient is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish the child for adoption, and the discussions have not gone on for more than three months. c. Physical harm and emotional harm shall be of a serious nature in order to justify a finding of good cause. A finding of good cause for emotional harm will be based only upon a demonstration of an emotional impairment that substantially affects the individual’s functioning. d. When the good cause determination is based in whole or in part upon the anticipation of emotional harm to the child, the parent, or the caretaker relative, the following will be considered: (1) The present emotional state of the individual subject to emotional harm. (2) The emotional health history of the individual subject to emotional harm. (3) Intensity and probable duration of the emotional impairment. (4) The degree of cooperation required. (5) The extent of involvement of the child in the paternity establishment or support enforcement activity to be undertaken. 41.22(9) Claiming good cause. Each applicant for or recipient of the FIP who is required to cooperate with child support services will have the opportunity to claim good cause for refusing to cooperate in establishing paternity or securing support payments. a. Before requiring cooperation, the income maintenance unit will notify the applicant or recipient using a form prescribed by the department of the right to claim good cause as an exception to the cooperation requirement and of all the requirements applicable to a good cause determination. b. The initial notice advising of the right to refuse to cooperate for good cause will: (1) Advise the applicant or recipient of the potential benefits the child may derive from the establishment of paternity and securing support. (2) Advise the applicant or recipient that by law cooperation in establishing paternity and securing support is a condition of eligibility for the FIP. (3) Advise the applicant or recipient of the sanctions provided for refusal to cooperate without good cause. (4) Advise the applicant or recipient that good cause for refusal to cooperate may be claimed; and that if the income maintenance unit determines, in accordance with these rules, that there is good cause, the applicant or recipient will be excused from the cooperation requirement. (5) Advise the applicant or recipient that upon request, or following a claim of good cause, the income maintenance unit will provide further notice with additional details concerning good cause. Human Services[441] IAC 5/14/25 Ch 41, p.3

c. When the applicant or recipient makes a claim of good cause or requests additional information regarding the right to file a claim of good cause, the income maintenance unit will issue a second notice on a form prescribed by the department. To claim good cause, the applicant or recipient shall sign and date this form and return it to the income maintenance unit. This form: (1) Indicates that the applicant or recipient must provide corroborative evidence of a good cause circumstance and must, when requested, furnish sufficient information to permit the income maintenance unit to investigate the circumstances. (2) Informs the applicant or recipient that, upon request, the income maintenance unit will provide reasonable assistance in obtaining the corroborative evidence. (3) Informs the applicant or recipient that on the basis of the corroborative evidence supplied and the department’s investigation when necessary, the income maintenance unit will determine whether cooperation would be against the best interest of the child for whom support would be sought. (4) Lists the circumstances under which cooperation may be determined to be against the best interests of the child. (5) Informs the applicant or recipient that child support services may review the income maintenance unit’s findings and basis for a good cause determination and may participate in any hearings concerning the issue of good cause. (6) Informs the applicant or recipient that child support services may attempt to establish paternity and collect support in those cases where the income maintenance unit determines that this can be done without risk to the applicant or recipient if done without the applicant’s or recipient’s participation. d. The applicant or recipient who refuses to cooperate and who claims to have good cause for refusing to cooperate has the burden of establishing the existence of a good cause circumstance. Failure to meet these requirements will constitute a sufficient basis for the income maintenance unit to determine that good cause does not exist. The applicant or recipient shall: (1) Specify the circumstances that the applicant or recipient believes provide sufficient good cause for not cooperating. (2) Corroborate the good cause circumstances. (3) When requested, provide sufficient information to permit an investigation. 41.22(10) Determination of good cause. The income maintenance unit will determine whether good cause exists for each applicant for or recipient of the FIP who claims to have good cause. a. The applicant or recipient shall be notified by the income maintenance unit of its determination that good cause does or does not exist. The determination will: (1) Be in writing. (2) Contain the income maintenance unit’s findings and basis for determination. (3) Be entered in the FIP case record. b. The determination of whether or not good cause exists will be made within 45 days from the day the good cause claim is made. The income maintenance unit may exceed this time standard only when: (1) The case record documents that the income maintenance unit needs additional time because the information required to verify the claim cannot be obtained within the time standard, or (2) The case record documents that the claimant did not provide corroborative evidence within the time period set forth in subrule 41.22(11). c. When the income maintenance unit determines that good cause does not exist: (1) The applicant or recipient will be so notified and afforded an opportunity to cooperate, withdraw the application for assistance, or have the case closed; and (2) Continued refusal to cooperate will result in the imposition of sanctions. d. The income maintenance unit will make a good cause determination based on the corroborative evidence supplied by the applicant or recipient only after the unit has examined the evidence and found that it actually verifies the good cause claim. e. Before making a final determination of good cause for refusing to cooperate, the income maintenance unit will: (1) Afford child support services the opportunity to review and comment on the findings and basis for the proposed determination, and Human Services[441] Ch 41, p.4 IAC 5/14/25

(2) Consider any recommendation from child support services. f. Child support services may participate in any appeal hearing that results from an applicant’s or recipient’s appeal of an agency action with respect to a decision on a claim of good cause. g. Assistance will not be denied, delayed, or discontinued pending a determination of good cause for refusal to cooperate when the applicant or recipient has specified the circumstances under which good cause can be claimed and provided the corroborative evidence and any additional information needed to establish good cause. h. The income maintenance unit will: (1) Periodically, but not less frequently than every six months, review those cases in which the agency has determined that good cause exists based on a circumstance that is subject to change. (2) When it determines that circumstances have changed so that good cause no longer exists, rescind its findings and proceed to enforce the requirements pertaining to cooperation in establishing paternity and securing support. 41.22(11) Proof of good cause. The applicant or recipient who claims good cause shall provide corroborative evidence within 20 days from the day the claim was made. In exceptional cases where the income maintenance unit determines that the applicant or recipient needs additional time because of the difficulty in obtaining the corroborative evidence, the income maintenance unit will allow a reasonable additional period upon approval by the worker’s immediate supervisor. a. A good cause claim may be corroborated with the following types of evidence. (1) Birth certificates or medical or law enforcement records that indicate that the child was conceived as the result of incest or forcible rape. (2) Court documents or other records that indicate that legal proceedings for adoption are pending before a court of competent jurisdiction. (3) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records that indicate that the putative father or absent parent might inflict physical or emotional harm on the child or caretaker relative. (4) Medical records that indicate emotional health history and present emotional health status of the caretaker relative or the child for whom support would be sought; or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the caretaker relative or the child for whom support would be sought. (5) A written statement from a public or licensed private social agency that the applicant or recipient is being assisted by the agency to resolve the issue of whether to keep the child or relinquish the child for adoption. (6) Sworn statements from individuals other than the applicant or recipient with knowledge of the circumstances that provide the basis for the good cause claim. b. When, after examining the corroborative evidence submitted by the applicant or recipient, the income maintenance unit wishes to request additional corroborative evidence that is needed to permit a good cause determination, the income maintenance unit will: (1) Promptly notify the applicant or recipient that additional corroborative evidence is needed, and (2) Specify the type of document that is needed. c. When the applicant or recipient requests assistance in securing corroborative evidence, the income maintenance unit will: (1) Advise the applicant or recipient how to obtain the necessary documents, and (2) Make a reasonable effort to obtain any specific documents that the applicant or recipient is not reasonably able to obtain without assistance. d. When a claim is based on the applicant’s or recipient’s anticipation of physical harm and corroborative evidence is not submitted in support of the claim: (1) The income maintenance unit will investigate the good cause claim when the unit believes that the claim is credible without corroborative evidence and corroborative evidence is not available. (2) Good cause will be found when the claimant’s statement and the investigation that is conducted satisfy the income maintenance unit that the applicant or recipient has good cause for refusing to cooperate. Human Services[441] IAC 5/14/25 Ch 41, p.5

(3) A determination that good cause exists will be reviewed and approved or disapproved by the worker’s immediate supervisor and the findings will be recorded in the case record. e. The income maintenance unit may further verify the good cause claim when the applicant’s or recipient’s statement of the claim together with the corroborative evidence do not provide sufficient basis for making a determination. When the income maintenance unit determines that it is necessary, the unit may conduct an investigation of good cause claims to determine that good cause does or does not exist. f. When it conducts an investigation of a good cause claim, the income maintenance unit will: (1) Contact the absent parent or putative father from whom support would be sought when the contact is determined to be necessary to establish the good cause claim. (2) Prior to making the necessary contact, notify the applicant or recipient so the applicant or recipient may present additional corroborative evidence or information so that contact with the parent or putative father becomes unnecessary, withdraw the application for assistance or have the case closed, or have the good cause claim denied. 41.22(12) Enforcement without caretaker’s cooperation. When the income maintenance unit makes a determination that good cause exists, the unit will also make a determination of whether or not child support enforcement can proceed without risk of harm to the child or caretaker relative when the enforcement or collection activities do not involve the participation of the child or caretaker. a. Child support services will have an opportunity to review and comment on the findings and basis for the proposed determination, and the income maintenance unit will consider any recommendation from child support services. b. The determination will: (1) Be in writing, (2) Contain the income maintenance unit’s findings and basis for determination, and (3) Be entered into the FIP case record. c. When the income maintenance unit excuses cooperation but determines that child support services may proceed to establish paternity or enforce support, the income maintenance unit will notify the applicant or recipient to enable the individual to withdraw the application for assistance or have the case closed. 41.22(13) Furnishing of social security number. As a condition of eligibility each applicant for or recipient of and all members of the eligible group must furnish a social security account number or proof of application for a number if it has not been issued or is not known and provide the number upon its receipt. The requirement will not apply to a payee who is not a member of the eligible group. a. Assistance will not be denied, delayed, or discontinued pending the issuance or verification of the numbers when the applicant or recipient has complied with the requirements of subrule 41.22(13). b. When the mother of the newborn child is a current recipient, the mother shall have until the second month following the mother’s discharge from the hospital to apply for a social security account number for the child. c. When the applicant is a battered alien, as described in subrule 41.23(4), the applicant shall have until the month following the month the person receives employment authorization from the Immigration and Naturalization Service to apply for a social security account number. 41.22(14) Reserved. 41.22(15) Requiring minor parents to live with parent or legal guardian. A minor parent and the dependent child in the minor parent’s care must live in the home of a parent or legal guardian of the minor parent in order to receive FIP benefits unless good cause for not living with the parent or legal guardian is established. a. “Living in the home” includes living in the same apartment, same half of a duplex, same condominium or same row house as the adult parent or legal guardian. It also includes living in an apartment that is located in the home of the adult parent or legal guardian. b. For applicants, determination of whether the minor parent and child are living with a parent or legal guardian or have good cause must be made as of the date of the first application interview as described in 441—subrule 40.24(2). Human Services[441] Ch 41, p.6 IAC 5/14/25

(1) If, as of the date of this interview, the minor parent and child are living with a parent or legal guardian or are determined to have good cause, the FIP application for the minor parent and child will be approved as early as seven days from receipt of the application provided they are otherwise eligible. (2) If, as of the date of this interview, the minor parent and child are not living with a parent or legal guardian and do not have good cause, the FIP application for the minor parent and child will be denied. c. For recipients, when changes occur, continuing eligibility will be redetermined according to 441— subrules 40.27(4) and 40.27(5). d. A minor parent determined to have good cause for not living with a parent or legal guardian must attend the family development and self-sufficiency program or other family development as required in 441—subrule 93.4(4). 41.22(16) Good cause for not living in the home of a parent or legal guardian. Good cause exists when at least one of the following conditions applies: a. The parents or legal guardian of the minor parent is deceased, missing or living in another state. b. The physical or emotional health or safety of the minor parent or child would be jeopardized if the minor parent is required to live with the parent or legal guardian. (1) Physical or emotional harm shall be of a serious nature in order to justify a finding of good cause. (2) Physical or emotional harm shall include situations of documented abuse or incest. (3) When the good cause determination is based in whole or in part upon the anticipation of emotional harm to the minor parent or child, the following will be considered: 1. The present emotional state of the individual subject to emotional harm. 2. The emotional health history of the individual subject to emotional harm. 3. Intensity and probable duration of the emotional impairment. c. The minor parent is in a foster care supervised apartment living arrangement. d. The minor parent is participating in the job corps solo parent program. e. The parents or legal guardian refuses to allow the minor parent and child to return home and the minor parent is living with a specified relative, aged 21 or over, on the day of interview, and the caretaker is the applicant or payee. f. The minor parent and child live in a maternity home or other licensed adult-supervised supportive living arrangement as defined by the department. g. Other circumstances exist that indicate that living with the parents or legal guardian will defeat the goals of self-sufficiency and responsible parenting. Situations that appear to meet this good cause reason must be referred to the administrator of the division of community access and eligibility, or the administrator’s designee, for determination of good cause. 41.22(17) Claiming good cause for not living in the home of a parent or legal guardian. Each applicant or recipient who is not living with a parent or legal guardian will have the opportunity to claim good cause for not living with a parent or legal guardian. 41.22(18) Determination of good cause for not living in the home of a parent or legal guardian. The department will determine whether good cause exists for each applicant or recipient who claims good cause. a. The applicant or recipient will be notified by the department of its determination that good cause does or does not exist. The determination will: (1) Be in writing. (2) Contain the department’s findings and basis for determination. (3) Be entered in the FIP case record. b. When the department determines that good cause does not exist: (1) The applicant or recipient will be so notified. (2) The application will be denied or FIP assistance canceled. c. The department will: (1) Periodically, but not less frequently than every six months, review those cases in which the agency has determined that good cause exists based on a circumstance that is subject to change. (2) When it determines that circumstances have changed so that good cause no longer exists, rescind its findings and proceed to enforce the requirements. Human Services[441] IAC 5/14/25 Ch 41, p.7

41.22(19) Proof of good cause for not living in the home of a parent or legal guardian. The applicant or recipient who claims good cause shall provide corroborative evidence to prove the good cause claim within the time frames described in 441—subrule 40.24(1) and 441—paragraph 40.27(4)“c.” a. A good cause claim may be corroborated by one or more of the following types of evidence: (1) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records that indicate that the parent or legal guardian might inflict physical or emotional harm on the minor parent or child. (2) Medical records that indicate the emotional health history and present emotional health status of the minor parent or child; or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the minor parent or child. (3) Sworn statements from individuals other than the applicant or recipient with knowledge of the circumstances that provide the basis for the good cause claim. Written statements from the client’s friends or relatives are not sufficient alone to grant good cause based on physical or emotional harm, but may be used to support other evidence. (4) Notarized statements from the parents or legal guardian or other reliable evidence to verify that the parents or legal guardian refuse to allow the minor parent and child to return home. (5) Court, criminal, child protective services, social services or other records that verify that the parents or legal guardian of the minor parent is deceased, missing or living in another state, or that the minor parent is in a foster care supervised apartment living arrangement, the job corps solo parent program, maternity home or other licensed adult-supervised supportive living arrangement. b. When, after examining the corroborative evidence submitted by the applicant or recipient, the department wishes to request additional corroborative evidence that is needed to permit a good cause determination, the department will: (1) Promptly notify the applicant or recipient that additional corroborative evidence is needed. (2) Specify the type of document that is needed. c. When the applicant or recipient requests assistance in securing evidence, the department will: (1) Advise the applicant or recipient how to obtain the necessary documents. (2) Make a reasonable effort to obtain any specific documents that the applicant or recipient is not reasonably able to obtain without assistance. [ARC 9277C, IAB 5/14/25, effective 7/1/25] 441—41.23(239B) Home, residence, citizenship, and alienage. 41.23(1) Iowa residence. a. A resident of Iowa is one: (1) Who is living in Iowa voluntarily with the intention of making that person’s home there and not for a temporary purpose. A child is a resident of Iowa when living there on other than a temporary basis. Residence will not depend upon the reason for which the individual entered the state, except insofar as it may bear upon whether the individual is there voluntarily or for a temporary purpose; or (2) Who, at the time of application, is living in Iowa, is not receiving assistance from another state, and entered Iowa with a job commitment or seeking employment in Iowa, whether or not currently employed. Under this definition the child is a resident of the state in which the caretaker is a resident. b. Residence is retained until abandoned. Temporary absence from Iowa, with subsequent returns to Iowa, or intent to return when the purposes of the absence have been accomplished, does not interrupt continuity of residence. 41.23(2) Suitability of home. The home will be deemed suitable until the court has ruled it unsuitable and, as a result of such action, the child has been removed from the home. 41.23(3) Absence from the home. a. An individual who is absent from the home will not be included in the assistance unit, except as described in paragraph 41.23(3)“b.” (1) A parent who is a convicted offender but is permitted to live at home while serving a court- imposed sentence by performing unpaid public work or unpaid community service during the workday is considered absent from the home. Human Services[441] Ch 41, p.8 IAC 5/14/25

(2) A parent whose absence from the home is due solely to a pattern of employment is not considered to be absent. (3) A parent whose absence is occasioned solely by reason of the performance of active duty in the uniformed services of the United States is considered absent from the home, notwithstanding the provisions of subrule 41.22(5). “Uniformed service” means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration, or Public Health Service of the United States. b. The needs of an individual who is temporarily out of the home are included in the eligible group, if otherwise eligible. A temporary absence exists in the following circumstances: (1) An individual is anticipated to be in the medical institution for less than a year, as verified by a physician’s statement. Failure to return within one year will result in the individual’s needs being removed from the grant. (2) An individual is out of the home to secure education or training, as described for children in paragraph 41.24(2)“e” and for adults in rule 441—93.8(239B), first sentence, as long as the caretaker relative retains supervision of the child. (3) An individual is out of the home for reasons other than reasons in subparagraphs 41.23(3)“b”(1) and “b”(2) and the payee intends that the individual will return to the home within three months. Failure to return within three months will result in the individual’s needs being removed from the grant. 41.23(4) Battered aliens. A person who meets the conditions of eligibility under Iowa Code sections 239B.2 and 239B.2B is eligible for participation in the FIP. 41.23(5) Citizenship and alienage. a. Eligible status. An FIP assistance grant may include the needs of a citizen or national of the United States or a “qualified alien” as defined in rule 441—40.21(239B). (1) A person who is a “qualified alien” as defined in rule 441—40.21(239B) is not eligible for FIP assistance for a five-year period beginning on the date of the person’s entry into the United States with a qualified alien status. (2) Exceptions: The five-year prohibition from FIP assistance does not apply to: 1. A qualified alien residing in the United States before August 22, 1996. 2. A battered alien as described in subrule 41.23(4). 3. A qualified alien veteran who has an honorable discharge that is not due to alienage. 4. A qualified alien who is on active duty in the Armed Forces of the United States other than active duty for training. 5. A qualified alien who is the spouse or unmarried dependent child of a qualified alien described in numbered paragraph 41.23(5)“a”(2)“3” or “a”(2)“4,” including a surviving spouse who has not remarried. 6. A refugee admitted under Section 207 of the Immigration and Nationality Act (INA) as amended to December 31, 2024. 7. An alien granted asylum under Section 208 of the INA as amended to December 31, 2024. 8. An alien admitted as an Amerasian as described in 8 U.S.C. Section 1612(a)(2)(A)(ii)(V) as amended to December 31, 2024. 9. A Cuban/Haitian entrant as described in 8 U.S.C. Section 1641(b)(7) as amended to December 31, 2024. 10. An alien whose deportation is withheld under Section 243(h) or Section 241(b)(3) of the INA as amended to December 31, 2024. 11. An alien certified as a victim of trafficking as described in Section 107(b)(1)(A) of Public Law 106-386 as amended to December 31, 2024. 12. An Iraqi or Afghan immigrant treated as a refugee pursuant to Section 1244(g) of Public Law 110-181 as amended to December 20, 2010, or to Section 602(b)(8) of Public Law 111-8 as amended to December 20, 2010. b. Attestation of status. As a condition of eligibility, an attestation of citizenship or alien status shall be made for all applicants and recipients on an application form, a review form, or another attestation form prescribed by the department. A review form prescribed by the department may be used to attest to the citizenship of dependent children who enter a recipient household. Failure to sign a form attesting to Human Services[441] IAC 5/14/25 Ch 41, p.9

citizenship when required to do so creates ineligibility for the entire eligible group. The attestation may be signed by: (1) The applicant; (2) Someone acting responsibly on the applicant’s or recipient’s behalf if the applicant or recipient is incompetent or incapacitated; or (3) Any adult member of the assistance unit, when eligibility is determined on a family or household basis. [ARC 9277C, IAB 5/14/25, effective 7/1/25] 441—41.24(239B) Promoting independence and self-sufficiency through employment job opportunities and basic skills (PROMISE JOBS) program. All persons in an FIP household will be referred to the PROMISE JOBS program, as defined in rule 441—93.1(239B), and shall enter into a family investment agreement (FIA) as a condition of receiving FIP unless exempt from referral, except as described in subrule 41.24(2). 41.24(1) FIA-responsible persons. The following persons are FIA-responsible unless the department determines the person is exempt: a. All persons whose needs are included in a grant under the FIP program. b. Any parent living in the home of a child receiving a grant. c. All FIP applicants unless the department determines that the applicant is exempt or does not meet other FIP eligibility requirements. d. Applicants who have chosen and are in an active limited benefit plan (LBP). FIA-responsible applicants in an active LBP shall complete significant contact with or action in regard to PROMISE JOBS as described in paragraphs 41.24(8)“d” and “e” for FIP eligibility to be considered. For two-parent households, both parents must participate as previously stated except when one parent is exempt. Exceptions: (1) The applicant has become exempt from PROMISE JOBS. (2) The applicant is in a subsequent LBP and it is prior to the last day of the six-month period of ineligibility. 41.24(2) Exemptions. The following persons are exempt from referral: a. and b. Reserved. c. A person who is under the age of 16 and is not a parent. d. A person found eligible for supplemental security income (SSI) benefits based on disability or blindness. e. A person who is aged 16 to 19, is not a parent, and attends an elementary, a secondary or an equivalent level of vocational or technical school full-time. For persons who lose exempt status for not attending school, once the person has signed an FIA, the person will remain referred to PROMISE JOBS and subject to the terms of the agreement. (1) A person will be considered to be attending school full-time when enrolled or accepted in an elementary school, a secondary school, or the equivalent level of vocational or technical school or training leading to a certificate or diploma, and the school certifies the person’s attendance as full-time. Enrollment in a correspondence school that gives instruction courses by mail is not an allowable program of study. (2) A person will also be considered to be in regular attendance in months when the person is not attending because of an official school or training program vacation, an illness, a convalescence, or a family emergency. (3) A child meets the definition of regular school attendance until the child has been officially dropped from the school rolls. f. A person who is not a United States citizen and is not a “qualified alien” as defined in 441—40.21(239B). 41.24(3) Parents aged 19 and under. a. Unless exempt as described in subrule 41.24(2), parents aged 18 or 19 are referred to PROMISE JOBS as follows: Human Services[441] Ch 41, p.10 IAC 5/14/25

(1) A parent aged 18 or 19 who has not successfully completed a high school education (or its equivalent) will be required to participate in educational activities, directed toward the attainment of a high school diploma or its equivalent. (2) The parent will be required to participate in other PROMISE JOBS options if the person fails to make good progress in completing educational activities or if it is determined that participation in educational activities is inappropriate for the parent. (3) The parent will be required to participate in parenting skills training in accordance with 441—Chapter 93. b. Unless exempt as described in subrule 41.24(2), parents aged 17 or younger are referred to PROMISE JOBS as follows: (1) A parent aged 17 or younger who has not successfully completed a high school education or its equivalent will be required to participate in high school completion activities, directed toward the attainment of a high school diploma or its equivalent. (2) The parent will be required to participate in parenting skills training in accordance with 441—Chapter 93. 41.24(4) Method of referral. The department will refer each FIA-responsible person as defined in subrule 41.24(1) to PROMISE JOBS to sign an FIA. a. FIA-responsible applicants. During the application interview, the department will notify the applicant of the requirement to sign an FIA as a condition of FIP eligibility. The department will refer the applicant by scheduling the applicant for an appointment with the PROMISE JOBS provider agency to develop the FIA. (1) The appointment will be on the earliest available date but no later than ten calendar days from the date of referral unless the applicant requests an appointment on a day that is beyond ten calendar days. The PROMISE JOBS provider agency shall make sufficient appointment times available to allow the applicant to be scheduled within this time frame. (2) The applicant will be notified verbally and in writing of the scheduled appointment. If the notice of a scheduled appointment is mailed to the applicant, the department will allow at least five working days from the date the notice is mailed for the applicant to appear for the scheduled appointment. The department may allow less than five working days if the applicant is verbally notified and agrees to the appointment. (3) If a parent fails to appear for an appointment without rescheduling or fails to sign an FIA, the department will deny FIP assistance for the entire family. (4) If a minor parent fails to appear for an appointment without rescheduling or fails to sign an FIA, the department will deny FIP assistance for the minor parent and any child of the minor parent. (5) If a referred person who is not a parent fails to appear for an appointment without rescheduling or fails to sign an FIA, the department will deny FIP assistance only for that person. b. Hardship applicants. While the eligibility decision is pending, unless the applicants are exempt from referral as defined in subrule 41.24(2), the department will refer applicants who must qualify for a hardship exemption before approval of FIP to PROMISE JOBS to sign an FIA as described in paragraph 41.24(4)“a” and will treat applicants in accordance with subrule 41.30(3). c. Applicants in an LBP. The department will refer FIA-responsible applicants to PROMISE JOBS as described in paragraph 41.24(4)“a” and inform the applicant of the actions needed to reconsider and end the LBP as described in subrule 41.24(8). Failure to appear for the appointment without rescheduling or failure to sign an FIA results in denial of the FIP application. d. FIP participants who become FIA-responsible. When a person receiving FIP is no longer exempt, the department will send the FIP participant a notice. The notice will contain information about the requirement to sign an FIA and will instruct the FIP participant to contact PROMISE JOBS within ten calendar days to schedule an appointment with PROMISE JOBS to develop an FIA. If the participant fails to schedule or attend the appointment or fails to sign an FIA, PROMISE JOBS will send a clear written reminder. After one written reminder as described in 441—paragraph 93.3(3)“b,” the participant will enter into an LBP as described in paragraph 41.24(8)“c.” Human Services[441] IAC 5/14/25 Ch 41, p.11

41.24(5) Changes in status and redetermination of exempt status. Any exempt person shall report any change affecting the exempt status to the department within ten days of the change. The department will reevaluate exempt persons when changes in status occur and at the time of six-month or annual review. The participant and the PROMISE JOBS unit will be notified of any change in a participant’s exempt status. 41.24(6) Reserved. 41.24(7) Referral to vocational rehabilitation. The department will make the department of education, division of vocational rehabilitation services, aware of any person who is referred to PROMISE JOBS and who has a medically determined physical or mental disability and a substantial employment limitation resulting from the disability. However, acceptance of vocational rehabilitation services by the client is optional. 41.24(8) LBP. When a participant responsible for signing and meeting the terms of an FIA chooses not to sign or fulfill the terms of the agreement, the FIP assistance unit or the individual participant will enter into an LBP. An LBP is considered imposed as of the date that a “timely” and “adequate notice” is issued to the participant as defined in rules 441—16.1(17A) and 441—16.2(17A). Once the LBP is imposed, FIP eligibility no longer exists as of the first of the month after the month in which timely and adequate notice is given to the participant. Upon the issuance of the notice to impose an LBP, the person who chose the LBP can reconsider and end the LBP, but only as described in paragraphs 41.24(8)“d” and “e.” a. An LBP shall either be a first LBP or a subsequent LBP. From the effective date of a first LBP, the FIP-eligible group or individual participant shall not be eligible until the participant who chose the LBP completes significant contact with or action in regard to the PROMISE JOBS program as defined in paragraph 41.24(8)“d.” If a subsequent LBP is chosen by the same participant, a six-month period of ineligibility applies to the FIP-eligible group or individual participant and ineligibility continues after the six-month period is over until the participant who chose the LBP completes significant contact with or action in regard to the PROMISE JOBS program as defined in paragraph 41.24(8)“e.” An LBP imposed in error as described in paragraph 41.24(8)“g” shall not be considered an LBP and shall not count when determining whether a household is subject to a subsequent LBP. b. The LBP shall be applied to participants responsible for the FIA and other members of the participant’s family as follows: (1) When the participant responsible for the FIA is a parent, the LBP shall apply to the entire FIP- eligible group as defined in subrule 41.28(1). (2) When the participant choosing an LBP is a needy specified relative or a dependent child’s stepparent who is in the FIP-eligible group because of incapacity, the LBP shall apply only to the individual participant choosing the plan. Exception: The LBP shall apply to the entire FIP-eligible group as defined in subrule 41.28(1) when a needy specified relative who assumes the role of parent was responsible for the FIA and chose an LBP effective October 1, 2005, or earlier. (3) When the FIP-eligible group includes a minor parent living with the minor parent’s adult parent or needy specified relative who receives FIP benefits and both the minor parent and the adult parent or needy specified relative are responsible for developing an FIA, each parent or needy specified relative is responsible for a separate FIA, and the LBP shall be applied as follows: 1. When the adult parent chooses the LBP, the requirements of the LBP shall apply to the entire eligible group, even though the minor parent has not chosen the LBP. However, the minor parent may reapply for FIP benefits as a minor parent living with self-supporting parents or as a minor parent living independently and continue in the FIA process. 2. When the minor parent chooses the LBP, the requirements of the LBP shall apply to the minor parent and any child of the minor parent. 3. When the minor parent is the only eligible child in the adult parent’s or needy specified relative’s home and the minor parent chooses the LBP, the adult parent’s or needy specified relative’s FIP eligibility ceases in accordance with subrule 41.28(1). The adult parent or needy specified relative shall become ineligible beginning with the effective date of the minor parent’s LBP. 4. When the needy specified relative chooses the LBP, the requirements of the LBP shall apply as described in subparagraph 41.24(8)“b”(2). Human Services[441] Ch 41, p.12 IAC 5/14/25

(4) When the FIP-eligible group includes children who are FIA-responsible, the children shall not have a separate FIA but shall be asked to sign the eligible group’s FIA and to carry out the responsibilities of that FIA. An LBP shall be applied as follows: 1. When the parent or needy specified relative responsible for an FIA meets those responsibilities but a child who is FIA-responsible chooses an individual LBP, the LBP shall apply only to the individual child choosing the plan. 2. When the child who chooses an LBP under numbered paragraph 41.24(8)“b”(4)“1” is the only child in the eligible group, the parents’ or needy specified relative’s eligibility ceases in accordance with subrule 41.28(1). The parents or needy specified relative shall become ineligible beginning with the effective date of the child’s LBP. (5) When the FIP-eligible group includes parents or needy specified relatives who are exempt from PROMISE JOBS participation and children who are FIA-responsible, the children are responsible for completing an FIA. If a child who is FIA-responsible chooses the LBP, the LBP shall be applied in the manner described in subparagraph 41.24(8)“b”(4). (6) When both parents of an FIP child are in the home, an LBP shall be applied as follows: 1. When only one parent of a child in the eligible group is responsible for an FIA and that parent chooses the LBP, the LBP applies to the entire family and cannot be ended by the voluntary participation in an FIA by the exempt parent. 2. When both parents of a child in the eligible group are responsible for an FIA, both are expected to sign the agreement. If either parent chooses the LBP, the LBP cannot be ended by the participation of the other parent in an FIA. 3. When the parents from a two-parent family in an LBP separate, the LBP shall follow only the parent who chose the LBP and any children in the home of that parent. 4. A subsequent LBP applies when either parent in a two-parent family previously chose an LBP. c. A participant shall be considered to have chosen an LBP under any of the following circumstances: (1) A participant who loses exempt status and is referred to PROMISE JOBS as described in paragraph 41.24(4)“d” and who does not schedule or attend an appointment for orientation and development of an FIA with PROMISE JOBS after PROMISE JOBS sends one clear written reminder as described in 441—paragraph 93.3(3)“b” shall enter into the LBP. (2) A participant who chooses not to sign the FIA shall enter into the LBP. For an applicant, signing an FIA is an FIP eligibility requirement. If an applicant chooses not to sign the agreement, the LBP process is not applicable. (3) A participant who signs an FIA but does not carry out the FIA responsibilities shall enter into an LBP whether the person signed the agreement as an FIP applicant or as an FIP participant. This includes a participant who fails to respond to the PROMISE JOBS worker’s request to renegotiate the FIA when the participant has not attained self-sufficiency by the date established in the FIA. An LBP shall be imposed regardless of whether the request to renegotiate is made before or after expiration of the FIA. d. Reconsideration of a first LBP. A person who chooses a first LBP may reconsider at any time from the date timely and adequate notice is issued establishing the LBP. To reconsider and end the LBP, the person must communicate the desire to engage in PROMISE JOBS activities to the department or appropriate PROMISE JOBS office and develop and sign the FIA. (1) Since a first LBP is considered imposed as of the date that a timely and adequate notice is issued, the person who chose the LBP cannot end it by complying with the issue that resulted in its imposition. To end the LBP, the person must also sign an FIA, even if the person had signed an agreement before choosing the LBP. (2) FIP benefits shall be effective the date the FIA is signed or the effective date of the grant as described in rule 441—40.26(239B), whichever date is later. FIP benefits may be reinstated in accordance with 441—subrule 40.22(5) when the FIA is signed before the effective date of a first LBP. e. Reconsideration of a subsequent LBP. A person who chooses a subsequent LBP may reconsider that choice at any time following the required six-month period of ineligibility. Human Services[441] IAC 5/14/25 Ch 41, p.13

(1) A subsequent LBP is considered imposed as of the date that a timely and adequate notice is issued to establish the LBP. Therefore, once timely and adequate notice is issued, the person who chose the LBP cannot end it by complying with the issue that resulted in its imposition. (2) FIP eligibility no longer exists as of the effective date of the LBP. Eligibility cannot be reestablished until the six-month period of ineligibility has expired. FIP eligibility does not exist for a person who reapplies for FIP after the notice is issued and before the effective date of the LBP because the person is not eligible to sign an FIA until the six-month period of ineligibility has expired. (3) To reconsider and end the LBP, the person must: 1. Contact the department or the appropriate PROMISE JOBS office to communicate the desire to engage in PROMISE JOBS activities, 2. Sign a new or updated FIA, and 3. Satisfactorily complete 20 hours of employment or the equivalent in an activity other than work experience or unpaid community service unless problems as described in rule 441—93.14(239B) or barriers as described in 441—subrule 93.4(5) apply. The 20 hours of employment or other activity must be completed within 30 days of the date that the FIA is signed unless problems as described in rule 441—93.14(239B) or barriers as described in 441—subrule 93.4(5) apply. (4) FIP benefits shall not begin until the person who chose the LBP completes the previously defined significant actions. FIP benefits shall be effective the date the FIA is signed or the effective date of the grant as described in rule 441—40.26(239B), whichever date is later, but in no case shall the effective date be within the six-month period of ineligibility. f. Reconsideration by two-parent family. For a two-parent family when both parents are responsible for an FIA as described in subrule 41.24(1), a first or subsequent LBP continues until both parents have completed significant contact or action with the PROMISE JOBS program as described in paragraphs 41.24(8)“d” and “e.” g. LBP imposed in error. An LBP imposed in error will not be considered an LBP. This includes any instance when participation in PROMISE JOBS should not have been required as described in the administrative rules. Examples of instances when an error has occurred are: (1) The person was exempt from PROMISE JOBS participation at the time the person chose the LBP. (2) It is verified that the person considered to have chosen the LBP moved out of state or requested cancellation of FIP prior to the date that PROMISE JOBS determined the LBP was chosen. (3) The final appeal decision under 441—Chapter 7 reverses the decision to impose an LBP. (4) It is determined that the entire amount of assistance issued for the person who chose the LBP is subject to recoupment for the month when the person chose not to fulfill the terms of the FIA. (5) The person informs PROMISE JOBS of a newly revealed problem as described in rule 441—93.14(239B) or barrier as described in 441—subrule 93.4(5) after the LBP is imposed, and it is reasonable that the problem or barrier contributed to a failure that resulted in imposition of the LBP. The person may be required to provide documentation of the problem or barrier as described in 441—subrule 93.10(3). 41.24(9) Reserved. 41.24(10) Notification of services. a. The department will inform all applicants for and recipients of FIP of the advantages of employment under FIP. b. The department will provide a full explanation of the family rights, responsibilities, and obligations under PROMISE JOBS and the FIA, with information on the time-limited nature of the agreement. c. The department will provide information on the employment, education and training opportunities, and support services to which they are entitled under PROMISE JOBS, as well as the obligations of the department. This information will include explanations of child care assistance and transitional Medicaid. d. The department will inform applicants for and recipients of FIP benefits of the grounds for exemption from FIA responsibility and from participation in the PROMISE JOBS program. e. The department will explain the LBP and the process by which FIA-responsible persons can choose the LBP. Human Services[441] Ch 41, p.14 IAC 5/14/25

f. The department will inform all applicants for and recipients of FIP of their responsibility to cooperate in establishing paternity and enforcing child support obligations. g. The department will inform applicants for FIP benefits that an FIA must be signed before FIP approval as a condition of eligibility, except as described in subrule 41.24(2). [ARC 9277C, IAB 5/14/25, effective 7/1/25] 441—41.25(239B) Uncategorized factors of eligibility. 41.25(1) Reserved. 41.25(2) Duplication of assistance. A recipient whose needs are included in an FIP grant shall not concurrently receive a grant under any other public assistance program administered by the department, including IV-E foster care, state-funded foster care or kinship caregiver program payments. a. A recipient shall not concurrently receive the FIP and subsidized adoption unless exclusion of the person from the FIP grant will reduce benefits to the family. b. When an FIP recipient is approved for foster care or subsidized adoption assistance while remaining in the same home, FIP assistance will be canceled effective the first day of the next calendar month following the date approval of the foster care or subsidized adoption payment is successfully entered into the department’s computer system. FIP assistance for the month for which the foster care or subsidized adoption payment is approved or any past months for which foster care or subsidized adoption payments are made retroactively will not be subject to recoupment. c. A recipient shall not concurrently receive a grant from a public assistance program in another state. d. When a recipient leaves the home of a specified relative, no payment for a concurrent period will be made for the same recipient in the home of another relative. 41.25(3) Aid from other funds. Supplemental aid from any other agency or organization is limited to aid for items of need not covered by the department’s standards and to the amount of the percentage reduction used in determining the payment level. Any duplicated assistance will be considered unearned income. 41.25(4) Contracts for support. A person entitled to total support under the terms of an enforceable contract is not eligible to receive the FIP when the other party, obligated to provide the support, is able to fulfill that part of the contract. 41.25(5) Participation in a strike. a. The family of any parent with whom the child(ren) is living will be ineligible for the FIP for any month in which the parent is participating in a strike on the last day of the month. b. Any individual will be ineligible for the FIP for any month in which the individual is participating in a strike on the last day of that month. c. Definitions: (1) A strike is a concerted stoppage of work by employees (including a stoppage by reason of expiration of a collective bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees. (2) An individual is not participating in a strike at the individual’s place of employment when the individual is not picketing and does not intend to picket during the course of the dispute, does not draw strike pay, and provides a signed statement that the individual is willing and ready to return to work but does not want to cross the picket line solely because of the risk of personal injury or death or trauma from harassment. The eligibility determination manager will determine whether such a risk to the individual’s physical or emotional well-being exists. 41.25(6) Graduate students. The entire assistance unit is ineligible for FIP when a member of the assistance unit is enrolled in an educational program leading to a degree beyond a bachelor’s degree. 41.25(7) through 41.25(9) Reserved. 41.25(10) Fugitive felons, and probation and parole violators. Assistance will be denied to a person who is (1) convicted of a felony under state or federal law and is fleeing to avoid prosecution, custody or confinement, or (2) violating a condition of probation or parole imposed under state or federal law. The prohibition does not apply to conduct pardoned by the President of the United States, beginning with the month after the pardon is given. Human Services[441] IAC 5/14/25 Ch 41, p.15

41.25(11) Access to benefits. As a condition of eligibility, applicants and recipients must agree in writing to not use an electronic access card at prohibited locations. By signing an application or review form prescribed by the department, the applicant, the applicant’s authorized representative or, when the applicant is incompetent or incapacitated, someone acting responsibly on the applicant’s behalf agrees to this condition of eligibility. When both parents, or a parent and a stepparent, are in the home and eligibility is determined on a family or household basis, one parent or stepparent may sign the application and agree to this condition for the assistance unit. Failure to sign a form agreeing to not use the electronic access card at prohibited locations creates ineligibility for the entire eligible group. a. A recipient shall not use the recipient’s electronic access card issued pursuant to 441—subrule 45.21(1) to access benefits at any of the following prohibited locations as defined by federal statute or regulation applicable to this prohibition and as further defined in rule 441—40.21(239B): (1) A liquor store, (2) A casino, gambling casino, or gaming establishment, or (3) A retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. b. When the department receives a detailed complaint or suspects that a recipient has used the recipient’s electronic access card at a prohibited location, the case will be referred to the department of inspections, appeals, and licensing (DIAL) for further investigation. c. When DIAL finds that a recipient has used the recipient’s electronic access card at a prohibited location, the household that includes the recipient is: (1) Considered to have committed a fraudulent act; (2) Liable for any amounts accessed and any associated fees for accessing the benefits at a prohibited location and required to repay such amount in accordance with 441—Chapter 46; (3) Ineligible for FIP for a three-month period after the first report by DIAL that includes a finding of misuse; (4) Ineligible for FIP for a six-month period after each subsequent report by DIAL that includes a finding of misuse. d. When parents from a two-parent family separate during an ineligibility period, if: (1) DIAL identifies the recipient who used the electronic access card at a prohibited location, the ineligibility period will follow that recipient. (2) DIAL does not identify the recipient who used the electronic access card at a prohibited location, the ineligibility period will follow the recipient who is the case name when the violation occurred. e. A new period of ineligibility will be established when: (1) A recipient files an appeal either: 1. Before the effective date of the intended action on the notice of decision or notice of action establishing the beginning date of the ineligibility period, or 2. Within ten days from the date on which a notice establishing the beginning date of the ineligibility period is received. The date on which notice is received is considered to be five days after the date on the notice, unless the beneficiary shows that the beneficiary did not receive the notice within the five-day period; (2) Assistance is continued pending the final decision of the appeal; and (3) The department’s action is affirmed. Assistance issued pending the final decision of an appeal is not subject to recovery pursuant to rule 441—7.17(17A). [ARC 9277C, IAB 5/14/25, effective 7/1/25] 441—41.26(239B) Resources. 41.26(1) Limitation. An applicant or recipient may have the following resources and be eligible for the FIP. Any resource not specifically exempted will be counted toward resource limitations. a. A homestead without regard to its value. A mobile home or similar shelter will be considered as a homestead when it is occupied by the recipient. Temporary absence from the homestead with a defined purpose for the absence and with intent to return when the purpose of the absence has been accomplished will not be considered to have altered the exempt status of the homestead. Except as described in paragraph Human Services[441] Ch 41, p.16 IAC 5/14/25

41.26(1)“n” or “o” and paragraph 41.26(6)“d,” the net market value of any other real property will be considered with personal property. b. Household goods and personal effects without regard to their value. Personal effects are personal or intimate tangible belongings of an individual, especially those that are worn or carried on the person, that are maintained in one’s home, and include clothing, books, grooming aids, jewelry, hobby equipment, and similar items. c. Life insurance that has no cash surrender value. The owner of the life insurance policy is the individual paying the premium on the policy with the right to change the policy as the individual sees fit. d. Motor vehicles. (1) One motor vehicle without regard to its value. (2) An equity not to exceed a value of $4,115 in one motor vehicle for each adult and working teenage child whose resources are considered as described in subrule 41.26(2). The disregard will be allowed when the working teenager is temporarily absent from work. The equity value in excess of $4,115 of any vehicle will be counted toward the resource limit in paragraph 41.26(1)“e.” When a motor vehicle is modified with special equipment for the handicapped, the special equipment will not increase the value of the motor vehicle. The department will annually increase the motor vehicle equity value to be disregarded by the latest increase in the consumer price index for used vehicles during the previous state fiscal year. e. A reserve of other property, real or personal, not to exceed $2,000 for applicant assistance units and $5,000 for recipient assistance units. Exception: Applicant assistance units with at least one member who was a recipient in Iowa in the month prior to the month of application are subject to the $5,000 limit. The exception includes those persons who did not receive an assistance grant due to the limitations described in rules 441—45.26(239B) and 441—45.27(239B). Resources of the applicant or the recipient will be determined in accordance with subrule 41.26(2). f. Money that is counted as income in a month, during that same month; and that part of lump sum income defined in subparagraph 41.27(9)“c”(2) reserved for the current or future month’s income. g. Payments that are exempted for consideration as income and resources under subrule 41.27(6). h. An equity not to exceed $1,500 in one funeral contract or burial trust for each member of the eligible group. Any amount in excess of $1,500 will be counted toward resource limitations unless it is established that the funeral contract or burial trust is irrevocable. i. One burial plot for each member of the eligible group. A burial plot is defined as a conventional gravesite, crypt, mausoleum, urn, or other repository that is customarily and traditionally used for the remains of a deceased person. j. Settlements for payment of medical expenses. k. Life estates. l. Federal or state earned income tax credit payments in the month of receipt and the following month, regardless of whether these payments are received with the regular paychecks or as a lump sum with the federal or state income tax refund. m. The balance in an individual development account (IDA), including interest earned on the IDA. n. An equity not to exceed $10,000 for tools of the trade or capital assets of self-employed households. When the value of any resource is exempted in part, that portion of the value that exceeds the exemption will be considered in computing whether the eligible group’s property is within the reserve defined in paragraph 41.26(1)“e.” o. Nonhomestead property that produces income consistent with the property’s fair market value. 41.26(2) Persons considered. a. Resources of persons in the eligible group will be considered in establishing property limitations. b. Resources of the parent who is living in the home with the eligible child(ren) but whose needs are excluded from the eligible group will be considered in the same manner as if the parent were included in the eligible group. Human Services[441] IAC 5/14/25 Ch 41, p.17

c. Resources of the stepparent living in the home will not be considered when determining eligibility of the eligible group, with one exception: The resources of a stepparent included in the eligible group will be considered in the same manner as a parent. d. The resources of supplemental security income recipients will not be counted in establishing property limitations. e. The resources of a nonparental relative who elects to be included in the eligible group will be considered in the same manner as a parent. 41.26(3) Homestead defined. The homestead consists of the house, used as a home, and may contain one or more contiguous lots or tracts of land, including buildings and appurtenances. When within a city plat, it will not exceed ½-acre in area. When outside a city plat, it will not contain, in the aggregate, more than 40 acres. When property used as a home exceeds these limitations, the equity value of the excess property will be determined in accordance with subrule 41.26(5). 41.26(4) Liquidation. When proceeds from the sale of resources or conversion of a resource to cash, together with other nonexempted resources, exceed the property limitations, the recipient is ineligible to receive assistance until the amount in excess of the resource limitation has been expended unless immediately used to purchase a homestead, or reduce the mortgage on a homestead. a. Property settlements. Property settlements that are part of a legal action in a dissolution of marriage or palimony suit are considered as resources upon receipt. b. Property sold under installment contract. Property sold under an installment contract or held as security in exchange for a price consistent with its fair market value is exempt as a resource. If the price is not consistent with the contract’s fair market value, the resource value of the installment contract is the gross price for which it can be sold or discounted on the open market, less any legal debts, claims, or liens against the installment contract. Payments from property sold under an installment contract are exempt as income as specified in paragraphs 41.27(1)“f” and 41.27(7)“aj.” The portion of any payment received representing principal is considered a resource upon receipt. The interest portion of the payment is considered a resource the month following the month of receipt. 41.26(5) Net market value defined. Net market value is the gross price for which property or an item can currently be sold on the open market, less any legal debts, claims, or liens against the property or item. 41.26(6) Availability. a. A resource must be available in order for it to be counted toward resource limitations. A resource is considered available under the following circumstances: (1) The applicant/recipient owns the property in part or in full and has control over it; that is, it can be occupied, rented, leased, sold, or otherwise used or disposed of at the individual’s discretion. (2) The applicant/recipient has a legal interest in a liquidated sum and has the legal ability to make the sum available for support and maintenance. b. Reserved. c. When property is owned by more than one person, unless otherwise established, it is assumed that all individuals hold equal shares in the property. d. When the applicant or recipient owns nonhomestead property, the property will be considered exempt for so long as the property is publicly advertised for sale at an asking price that is consistent with its fair market value. 41.26(7) Damage judgments and insurance settlements. a. Payment resulting from damage to or destruction of an exempt resource will be considered a resource to the applicant/recipient the month following the month the payment was received. When the applicant/recipient signs a legal binding commitment no later than the month after the month the payment was received, the funds will be considered exempt for the duration of the commitment providing the terms of the commitment are met within eight months from the date of commitment. b. Payment resulting from damage to or destruction of a nonexempt resource will be considered a resource in the month following the month in which payment was received. Human Services[441] Ch 41, p.18 IAC 5/14/25

41.26(8) Trusts. The department will determine whether assets from a trust or conservatorship, except one established solely for the payment of medical expenses, are available by examining the language of the trust agreement or order establishing a conservatorship. a. Funds clearly conserved and available for care, support, or maintenance will be considered toward resource or income limitations. b. When the department questions whether the funds in a trust or conservatorship are available, the trust or conservatorship will be referred to the central office. (1) When assets in the trust or conservatorship are not clearly available, central office staff may contact the trustee or conservator and request that the funds in the trust or conservatorship be made available for current support and maintenance. When the trustee or conservator chooses not to make the funds available, the department may petition the court to have the funds released either partially or in their entirety or as periodic income payments. (2) Funds in a trust or conservatorship that are not clearly available will be considered unavailable until the trustee, conservator or court actually makes the funds available. Payments received from the trust or conservatorship for basic or special needs are considered income. 41.26(9) Aliens sponsored by individuals. When an alien admitted for lawful permanent residence is sponsored by a person who executed an enforceable affidavit of support as described in 8 U.S.C. Section 1631(a)(1) (as amended to December 31, 2024) on behalf of the alien, the resources of the alien will be deemed to include the resources of the sponsor (and of the sponsor’s spouse if living with the sponsor). The amount of the resources of the sponsor and the sponsor’s spouse deemed to the alien will be the total countable resources as described in rule 441—41.26(239B) remaining after a $1,500 deduction is subtracted. The following are exceptions to deeming of a sponsor’s resources: a. Deeming of the sponsor’s resources does not apply when: (1) The sponsored alien attains citizenship through naturalization pursuant to Chapter 2 of Title III of the Immigration and Nationality Act (as amended to December 31, 2024); (2) The sponsored alien has earned 40 qualifying quarters of coverage as defined in Title II of the Social Security Act (as amended to December 31, 2024) or can be credited with 40 qualifying quarters as defined in rule 441—40.21(239B); or (3) The sponsored alien or the sponsor dies. b. An indigent alien is exempt from the deeming of a sponsor’s resources for 12 months after indigence is determined. An alien will be considered indigent if: (1) The alien does not live with the sponsor; and (2) The alien’s gross income, including any income received from or made available by the sponsor, is less than 100 percent of the federal poverty level for the sponsored alien’s household size. c. A battered alien as described in 8 U.S.C. Section 1641(c) (as amended to December 31, 2024) is exempt from the deeming of a sponsor’s resources for 12 months. 41.26(10) Not considered a resource. Inventories and supplies, exclusive of capital assets, that are required for self-employment will not be considered a resource. Inventory is defined as all unsold items, whether raised or purchased, that are held for sale or use and may include merchandise, grain held in storage, livestock raised for sale, and other unsold inventory. Supplies are items necessary for the operation of the enterprise, such as lumber, paint and seed. Capital assets are those assets that, if sold at a later date, could be used to claim capital gains or losses for federal income tax purposes. When self-employment is temporarily interrupted due to circumstances beyond the control of the household, such as illness, any inventory or supplies retained by the household will not be considered a resource. [ARC 9277C, IAB 5/14/25, effective 7/1/25] 441—41.27(239B) Income. All unearned and earned income, unless specifically exempted, disregarded, deducted for work expenses, or diverted as defined in these rules, will be considered in determining initial and continuing eligibility and the amount of the FIP grant. 1. The determination of initial eligibility is a three-step process. Initial eligibility will be granted only when (1) the countable gross nonexempt unearned and earned income, exclusive of the FIP grant, received by the eligible group and available to meet the current month’s needs is no more than 185 percent of the standard of need for the eligible group; (2) the countable net unearned and earned income is less than the Human Services[441] IAC 5/14/25 Ch 41, p.19

standard of need for the eligible group; and (3) the countable net unearned and earned income, after applying allowable disregards, is less than the payment standard for the eligible group. 2. The determination of continuing eligibility is a two-step process. Continuing eligibility will be granted only when (1) countable gross nonexempt income, as described for initial eligibility, does not exceed 185 percent of the standard of need for the eligible group; and (2) countable net unearned and earned income is less than the payment standard for the eligible group. 3. The amount of the FIP grant will be determined by subtracting countable net income from the payment standard for the eligible group. Child support assigned to the department in accordance with subrule 41.22(7) and retained by the department as described in subparagraph 41.27(1)“h”(2) will be considered as exempt income for the purpose of determining continuing eligibility. Deductions and diversions will be allowed when verification is provided. 41.27(1) Unearned income. Unearned income is any income in cash that is not gained by labor or service. When taxes are withheld from unearned income, the amount considered will be the net income after the withholding of taxes (Federal Insurance Contribution Act, state and federal income taxes). Net unearned income will be determined by deducting reasonable income-producing costs from the gross unearned income. Money left after this deduction will be considered gross income available to meet the needs of the eligible group. a. Social security income is the amount of the entitlement before withholding of a Medicare premium. b. through e. Reserved. f. When the applicant or recipient sells property on contract, proceeds from the sale will be considered exempt as income. The portion of any payment that represents principal is considered a resource upon receipt as defined in subrule 41.26(4). The interest portion of the payment is considered a resource the month following the month of receipt. g. Every person in the eligible group and any parent living in the home of a child in the eligible group will take all steps necessary to apply for and, if entitled, accept any financial benefit for which that person may be qualified, even though the benefit may be reduced because of the laws governing a particular benefit. When the person claims a physical or mental disability that is expected to last continuously for 12 months from the time of the claim or to result in death and the person is unable to engage in substantial activity due to the disability, or the person otherwise appears eligible, as the person is aged 65 or older or is blind, the person shall apply for social security benefits and supplemental security income benefits. (1) Except as described in subparagraph 41.27(1)“g”(2), the needs of any person who refuses to take all steps necessary to apply for and, if eligible, to accept other financial benefits will be removed from the eligible group. The person remains eligible for the work incentive disregard described in paragraph 41.27(2)“c.” (2) The entire assistance unit is ineligible for FIP when a person refuses to apply for or, if entitled, to accept social security or supplemental security income. For applicants, this subparagraph applies to those who apply on or after July 1, 2002. For FIP recipients, this subparagraph applies at the time of the next six- month or annual review as described in 441—subrule 40.27(1) or when the recipient reports a change that may qualify a person in the eligible group or a parent living in the home for these benefits, whichever occurs earlier. h. Support payments in cash will be considered as unearned income in determining initial and continuing eligibility. (1) Any nonexempt cash support payment for a member of the eligible group, made while the application is pending, will be treated as unearned income and deducted from the initial assistance grant(s). Any cash support payment for a member of the eligible group, except as described in paragraph 41.27(7) “p,” received by the recipient after the date of decision as defined in 441—subrule 40.24(4) will be refunded to child support services. (2) Assigned support collected in a month and retained by child support recovery will be exempt as income for determining prospective or retrospective eligibility. Participants will have the option of withdrawing from FIP at any time and receiving their child support direct. Human Services[441] Ch 41, p.20 IAC 5/14/25

i. The applicant or recipient shall cooperate in supplying verification of all unearned income as defined in 441—paragraph 40.24(1)“b” and 441—subrule 40.27(4). When the information is available, the department will verify unemployment insurance benefits by using information supplied to the department by the department of workforce development. When the client notifies the department that the amount of unemployment insurance benefits used is incorrect, the client will be allowed to verify the discrepancy. A payment adjustment will be made when indicated. Recoupment will be made for any overpayment. The client must report the discrepancy prior to the payment month or within ten days of the date on the Notice of Decision applicable to the payment month, whichever is later, in order to receive a payment adjustment. 41.27(2) Earned income. Earned income is defined as income in the form of a salary, wages, tips, bonuses, commissions earned as an employee, income from Job Corps, or profit from self-employment. Earned income from commissions, wages, tips, bonuses, Job Corps, or salary means the total gross amount irrespective of the expenses of employment. Income will be considered earned income when it is produced as a result of the performance of services by an individual. a. Earned income deduction. Each person in the assistance unit whose gross nonexempt earned income, earned as an employee or net profit from self-employment, is considered in determining eligibility and the amount of the assistance grant is entitled to one 20 percent earned income deduction of nonexempt monthly gross earnings. The deduction is intended to include all work-related expenses other than child care. These expenses will include all of the following: taxes, transportation, meals, uniforms, and other work-related expenses. b. Reserved. c. Work incentive disregard. After deducting the allowable work-related expenses as defined in paragraph 41.27(2)“a” and income diversions as defined in subrules 41.27(4) and 41.27(8), the department will disregard 58 percent of the total of the remaining monthly nonexempt earned income, earned as an employee or the net profit from self-employment, of each person whose income will be considered in determining eligibility and the amount of the assistance grant. (1) The work incentive disregard is not time-limited. (2) Initial eligibility is determined without the application of the work incentive disregard as described in subparagraphs 41.27(9)“a”(2) and “a”(3). d. Self-employment. A person is considered self-employed when the person: (1) Is not required to report to the office regularly except for specific purposes such as sales training meetings, administrative meetings, or evaluation sessions. (2) Establishes the person’s own working hours, territory, and methods of work. (3) Files quarterly reports of earnings, withholding payments, and FICA payments to the Internal Revenue Service. e. Self-employment income. Earned income from self-employment as defined in paragraph 41.27(2) “d” means the net profit from self-employment. “Net profit” means gross self-employment income less: (1) Forty percent of the gross income to cover the costs of producing the income, or (2) At the request of the applicant or recipient, actual expenses determined in the manner specified in paragraph 41.27(2)“f.” f. Deduction of self-employment expenses. When the applicant or recipient requests that actual expenses be deducted, the net profit from self-employment income will be determined by deducting only the following expenses that are directly related to the production of the income: (1) The cost of inventories and supplies purchased that are required for the business, such as items for sale or consumption and raw materials. (2) Wages, commissions, and mandated costs relating to the wages for employees of the self- employed. (3) The cost of shelter in the form of rent; the interest on mortgage or contract payments; taxes; and utilities. (4) The cost of machinery and equipment in the form of rent or the interest on mortgage or contract payments. (5) Insurance on the real or personal property involved. (6) The cost of any repairs needed. Human Services[441] IAC 5/14/25 Ch 41, p.21

(7) The cost of any travel required. (8) Any other expense directly related to the production of income, except the purchase of capital equipment and payment on the principal of loans for capital assets and durable goods or any cost of depreciation. g. Child care income. Gross income from providing child care in the applicant’s or recipient’s own home will include the total payment(s) received for the service and any payment received due to the Child Nutrition Amendments of 1978 for the cost of providing meals to children. h. Income verification. The applicant or recipient shall cooperate in supplying verification of all earned income and of any change in income, as defined in 441—paragraph 40.24(1)“b” and 441—subrule 40.27(4). A self-employed individual shall keep any records necessary to establish eligibility. 41.27(3) Shared living arrangements. When an FIP parent shares living arrangements with another family or person, funds combined to meet mutual obligations for shelter and other basic needs are not income. Funds made available to the FIP eligible group, exclusively for their needs, are considered income. 41.27(4) Diversion of income. a. Nonexempt earned and unearned income of the parent will be diverted to meet the unmet needs, including special needs, of the ineligible child(ren) of the parent living in the family group who meets the age and school attendance requirements specified in subrule 41.21(1). Income of the parent will be diverted to meet the unmet needs of the ineligible child(ren) of the parent and a companion in the home only when the income and resources of the companion and the child(ren) are within FIP standards. The maximum income that will be diverted to meet the needs of the ineligible child(ren) will be the difference between the needs of the eligible group if the ineligible child(ren) were included and the needs of the eligible group with the child(ren) excluded, except as specified in subparagraph 41.27(8)“a”(2) and paragraph 41.27(8) “b.” b. Nonexempt earned and unearned income of the parent will be diverted to permit payment of court- ordered support to children not living with the parent when the payment is actually being made. 41.27(5) Income of unmarried specified relatives under age 19. Treatment of the income of an unmarried specified relative under the age of 19 is determined by whether the specified relative lives with a parent who receives FIP assistance, lives with a nonparental relative, lives in an independent living arrangement, or lives with a self-supporting parent, as follows. a. Living with a parent on FIP, with a nonparental relative, or in an independent living arrangement. (1) The income of the unmarried, underage specified relative who is also an eligible child in the grant of the specified relative’s parent will be treated in the same manner as that of any other child. The income for the unmarried, underage specified relative who is not an eligible child in the grant of the specified relative’s parent will be treated in the same manner as though the specified relative had attained majority. (2) The income of the unmarried, underage specified relative living with a nonparental relative or in an independent living arrangement will be treated in the same manner as though the specified relative had attained majority. b. Living with a self-supporting parent. The income of an unmarried specified relative under the age of 19 who is living in the same home as one or both of the person’s self-supporting parents will be treated in accordance with subparagraphs 41.27(5)“b”(1), “b”(2), and “b”(4) below. (1) When the unmarried specified relative is under the age of 18 and not a parent of the dependent child, the income of the specified relative will be exempt. (2) When the unmarried specified relative is under the age of 18 and a parent of the dependent child, the income of the specified relative will be treated in the same manner as though the specified relative had attained majority. The income of the specified relative’s self-supporting parent(s) will be treated in accordance with paragraph 41.27(8)“c.” (3) Reserved. (4) When the unmarried specified relative is age 18, the income of the specified relative will be treated in the same manner as though the specified relative had attained majority. 41.27(6) Exempt as income and resources. The following will be exempt as income and resources: a. Food reserves from home-produced garden products, orchards, domestic animals, and the like, when utilized by the household for its own consumption. Human Services[441] Ch 41, p.22 IAC 5/14/25

b. The value of the supplemental nutrition assistance program benefit. c. The value of the United States Department of Agriculture donated foods (surplus commodities). d. The value of supplemental food assistance received under the Child Nutrition Act and the special food service program for children under the National School Lunch Act, both as amended to December 31, 2024. e. Any benefits received under Title III-C, Nutrition Program for the Elderly, of the Older Americans Act, as amended to December 31, 2024. f. Benefits paid to eligible households under the Low Income Home Energy Assistance Act of 1981, as amended to December 31, 2024. g. Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the Federal-Aid Highway Act of 1968, both as amended to December 31, 2024. h. Any judgment funds that have been or will be distributed per capita or held in trust for members of any Indian tribe. When the payment, in all or part, is converted to another type of resource, that resource is also exempt. i. Payments to volunteers participating in the Volunteers in Service to America (VISTA) program, except that this exemption will not be applied when the director of ACTION determines that the value of all VISTA payments, adjusted to reflect the number of hours the volunteers are serving, is equivalent to or greater than the minimum wage then in effect under the Fair Labor Standards Act of 1938, as amended to December 31, 2024, or the minimum wage under the laws of the state where the volunteers are serving, whichever is greater. j. Payments for supporting services or reimbursement of out-of-pocket expenses received by volunteers in any of the programs established under Titles II and III of the Domestic Volunteer Services Act, as amended to December 31, 2024. k. Tax-exempt portions of payments made pursuant to the Alaskan Native Claims Settlement Act, as amended to December 31, 2024. l. Experimental housing allowance program payments made under annual contribution contracts entered into prior to January 1, 1975, under Section 23 of the U.S. Housing Act of 1936, as amended to December 31, 2024. m. The income of a supplemental security income recipient. n. Income of an ineligible child. o. Income in-kind. p. Family support subsidy program payments. q. Grants obtained and used under conditions that preclude their use for current living costs. r. All earned and unearned educational funds of an undergraduate or graduate student or a person in training. Any extended social security or veterans benefits received by a parent or nonparental relative as defined in subrule 41.22(3), conditional to school attendance, will be exempt. However, any additional amount received for the person’s dependents who are in the eligible group will be counted as nonexempt income. s. Reserved. t. Any income restricted by law or regulation that is paid to a representative payee, living outside the home, other than a parent who is the applicant or recipient, unless the income is actually made available to the applicant or recipient by the representative payee. u. The first $50 received and retained by an applicant or recipient that represents a current monthly support obligation or a voluntary support payment, paid by a legally responsible individual, but in no case will the total amount exempted exceed $50 per month per eligible group. v. Bona fide loans. Evidence of a bona fide loan may include any of the following: (1) The loan is obtained from an institution or person engaged in the business of making loans. (2) There is a written agreement to repay the money within a specified time. (3) If the loan is obtained from a person not normally engaged in the business of making a loan, there is a borrower’s acknowledgment of obligation to repay (with or without interest), or the borrower expresses Human Services[441] IAC 5/14/25 Ch 41, p.23

intent to repay the loan when funds become available in the future, or there is a timetable and plan for repayment. w. Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.). x. The income of a person ineligible due to receipt of state-funded foster care, IV-E foster care, kinship caregiver program, or subsidized adoption assistance. y. Payments for major disaster and emergency assistance provided under the Disaster Relief Act of 1974 as amended by Public Law 100-707, the Disaster Relief and Emergency Assistance Amendments of 1988, as amended to December 31, 2024. z. Payments made to certain United States citizens of Japanese ancestry and resident Japanese aliens under Section 105 of Public Law 100-383, as amended to December 31, 2024, and payments made to certain eligible Aleuts under Section 206 of Public Law 100-383, entitled “Wartime Relocation of Civilians,” as amended to December 31, 2024. aa. Payments received from the Radiation Exposure Compensation Act as amended to December 31, 2024. ab. Deposits into an IDA when determining eligibility and benefit amount. The amount of the deposit is exempt as income and will not be used in the 185 percent eligibility test. The deposit will be deducted from nonexempt earned and unearned income that the client receives in the same budget month in which the deposit is made. To allow a deduction, verification of the deposit shall be provided by the end of the report month or the extended filing date, whichever is later. The client will be allowed a deduction only when the deposit is made from the client’s money. The earned income deductions in paragraphs 41.27(2) “a” and “c” will be applied to nonexempt earnings from employment or net profit from self-employment that remain after deducting the amount deposited into the account. Allowable deductions will be applied to any nonexempt unearned income that remains after deducting the amount of the deposit. If the client has both nonexempt earned and unearned income, the amount deposited into the IDA account will first be deducted from the client’s nonexempt unearned income. Deposits will not be deducted from earned or unearned income that is exempt. ac. Assigned support collected in a month and retained by child support recovery as described in subparagraph 41.27(1)“h”(2). 41.27(7) Exempt as income. The following are exempt as income. a. Reimbursements from a third party. b. Reimbursement from the employer for job-related expenses. c. The following nonrecurring lump sum payments: (1) Income tax refund. (2) Retroactive supplemental security income benefits. (3) Settlements for the payment of medical expenses. (4) Refunds of security deposits on rental property or utilities. (5) That part of a lump sum received and expended for funeral and burial expenses. (6) That part of a lump sum both received and expended for the repair or replacement of resources. d. Foster care or kinship caregiver program payments received by the family that is: (1) Providing foster care to a child or children when the family is operating a licensed foster home, or (2) Caring for a relative or fictive kin child or children placed in the home by a court order. e. Reserved. f. A small monetary nonrecurring gift, such as a Christmas, birthday or graduation gift, not to exceed $30 per person per calendar quarter. When a monetary gift from any one source is in excess of $30, the total gift is countable as unearned income. When monetary gifts from several sources are each $30 or less, and the total of all gifts exceeds $30, only the amount in excess of $30 is countable as unearned income. g. Federal or state earned income tax credit. h. Supplementation from county funds providing: (1) The assistance does not duplicate any of the basic needs as recognized by the FIP, or Human Services[441] Ch 41, p.24 IAC 5/14/25

(2) The assistance, if a duplication of any of the basic needs, is made on an emergency basis, not as ongoing supplementation. i. Any payment received as a result of an urban renewal or low-cost housing project from any governmental agency. j. A retroactive corrective payment. k. The training allowance issued by the division of vocational rehabilitation, department of education. l. Payments from the PROMISE JOBS program. m. Reserved. n. The training allowance issued by the department for the blind. o. Payment(s) from a passenger(s) in a car pool. p. Support refunded by child support services for the first month of termination of eligibility and the family does not receive the FIP. q. and r. Reserved. s. Income of a nonparental relative as defined in subrule 41.22(3) except when the relative is included in the eligible group. t. and u. Reserved. v. Compensation in lieu of wages received by a child funded through an employment and training program of the U.S. Department of Labor. w. Any amount for training expenses included in a payment funded through an employment and training program of the U.S. Department of Labor. x. Reserved. y. Earnings of an applicant or recipient aged 19 or younger who is a full-time student as defined in paragraph 41.24(2)“e.” The exemption applies through the entire month of the person’s twentieth birthday. Exception: When the twentieth birthday falls on the first day of the month, the exemption stops on the first day of that month. z. Income attributed to an unmarried, underage parent in accordance with paragraph 41.27(8)“c” effective the first day of the month following the month in which the unmarried, underage parent turns age 18 or reaches majority through marriage. When the unmarried, underage parent turns age 18 on the first day of a month, the income of the self-supporting parent(s) becomes exempt as of the first day of that month. aa. Reserved. ab. Incentive payments received from participation in the adolescent pregnancy prevention programs. ac. Payments received from the comprehensive child development program, funded by the Administration for Children, Youth, and Families, provided the payments are considered complimentary assistance by federal regulation. ad. Incentive allowance payments received from the work force investment project, provided the payments are considered complimentary assistance by federal regulation. ae. Interest and dividend income. af. and ag. Reserved. ah. Welfare reform and regular household honorarium income. All moneys paid to an FIP household in connection with the welfare reform demonstration longitudinal study or focus groups will be exempted. ai. Diversion or self-sufficiency grants assistance as described in 441—Chapter 47. aj. Payments from property sold under an installment contract as specified in paragraphs 41.26(4)“b” and 41.27(1)“f.” ak. All census earnings received by temporary workers from the Bureau of the Census. 41.27(8) Treatment of income in excluded parent cases, stepparent cases, and underage parent cases. a. Treatment of income in excluded parent cases. (1) A parent who is living in the home with the eligible child(ren) but whose needs are excluded from the eligible group is eligible for the earned income deduction described in paragraph 41.27(2)“a,” the work incentive disregard described in paragraph 41.27(2)“c,” and diversions described in subrule 41.27(4). Human Services[441] IAC 5/14/25 Ch 41, p.25

(2) The excluded parent will be permitted to retain that part of the parent’s income to meet the parent’s needs as determined by the difference between the needs of the eligible group with the parent included and the needs of the eligible group with the parent excluded except as described in subrule 41.27(11). (3) All remaining income of the excluded parent will be applied against the needs of the eligible group. b. Treatment of income in stepparent cases. The income of a stepparent who is not included in the eligible group but is living with the parent in the home of the eligible child(ren) will be given the same consideration and treatment as that of a parent subject to the limitations of subparagraphs 41.27(8)“b”(1) and 41.27(8)“b”(3) through “b”(10). (1) The stepparent’s monthly gross nonexempt earned income, earned as an employee or monthly net profit from self-employment, will receive a 20 percent earned income deduction. (2) Reserved. (3) Any amounts actually paid by the stepparent to individuals not living in the home, who are claimed or could be claimed by the stepparent as dependents for federal income tax purposes, will be deducted from nonexempt monthly earned and unearned income of the stepparent. (4) The stepparent will also be allowed a deduction from nonexempt monthly earned and unearned income for alimony and child support payments made to individuals not living in the home with the stepparent. (5) Except as described in subrule 41.27(11), the nonexempt monthly earned and unearned income of the stepparent remaining after application of the deductions in subparagraphs 41.27(8)“b”(1), “b”(3), and “b”(4) will be used to meet the needs of the stepparent and the stepparent’s dependents living in the home, when the dependents’ needs are not included in the eligible group and the stepparent claims or could claim the dependents for federal income tax purposes. These needs will be determined in accordance with the FIP standard of need for a family group of the same composition. (6) The stepparent will be allowed the work incentive disregard described in paragraph 41.27(2)“c” from monthly earnings. The disregard will be applied to earnings that remain after all other deductions in subparagraphs 41.27(8)“b”(1) and 41.27(8)“b”(3) through “b”(5) have been subtracted from the earnings. However, the work incentive disregard is not allowed when determining initial eligibility as described in subparagraphs 41.27(9)“a”(2) and “a”(3). (7) The deductions described in subparagraphs 41.27(8)“b”(1) and 41.27(8)“b”(3) through “b”(6) will first be subtracted from earned income in the same order as they appear above. When the stepparent has both nonexempt earned and unearned income and earnings are less than the allowable deductions, then any remaining portion of the deductions in subparagraphs 41.27(8)“b”(3) through “b”(5) will be subtracted from unearned income. Any remaining income will be applied as unearned income to the needs of the eligible group. If the stepparent has earned income remaining after allowable deductions, then any nonexempt unearned income will be added to the earnings and the resulting total counted as unearned income to the needs of the eligible group. (8) A nonexempt nonrecurring lump sum received by a stepparent will be considered as income in the month received. Any portion of the nonrecurring lump sum retained by the stepparent in the month following the month of receipt will be considered a resource to the stepparent. (9) When the income of the stepparent, not in the eligible group, is insufficient to meet the needs of the stepparent and the stepparent’s dependents living in the home who are not eligible for FIP, the income of the parent may be diverted to meet the unmet needs of the child(ren) of the current marriage except as described in subrule 41.27(11). (10) When the needs of the stepparent, living in the home, are not included in the eligible group, the eligible group and any child(ren) of the parent living in the home who is not eligible for FIP will be considered as one unit, and the stepparent and the stepparent’s dependents, other than the spouse, will be considered a separate unit. c. Treatment of income in underage parent cases. In the case of a dependent child whose unmarried parent is under the age of 18 and living in the same home as the unmarried, underage parent’s own self- supporting parent(s), the income of each self-supporting parent will be considered available to the eligible Human Services[441] Ch 41, p.26 IAC 5/14/25

group after appropriate deductions. The deductions to be applied are the same as are applied to the income of a stepparent pursuant to subparagraphs 41.27(8)“b”(1) and 41.27(8)“b”(3) through “b”(7). Nonrecurring lump sum income received by the self-supporting parent(s) will be treated in accordance with subparagraph 41.27(8)“b”(8). When the self-supporting spouse of a self-supporting parent is also living in the home, the income of that spouse will be attributable to the self-supporting parent in the same manner as the income of a stepparent is determined pursuant to subparagraphs 41.27(8)“b”(1) and 41.27(8)“b”(3) through “b”(7). Nonrecurring lump sum income received by the spouse of the self-supporting parent will be treated in accordance with subparagraph 41.27(8)“b”(8). The self-supporting parent and any ineligible dependents of that person will be considered as one unit; the self-supporting spouse and the spouse’s ineligible dependents, other than the self-supporting parent, will be considered a separate unit. 41.27(9) Budgeting process. Both initial and ongoing eligibility and benefits will be determined using a projection of income based on the best estimate of future income. a. Initial eligibility. (1) At time of application, all earned and unearned income received and anticipated to be received by the eligible group during the month the decision is made will be considered to determine eligibility for the FIP, except income that is exempt. All countable earned and unearned income received by the eligible group during the 30 days before the interview will be used to project future income. If the applicant indicates that the 30-day period is not indicative of future income, income from a longer period or verification of anticipated income from the income source may be used to project future income. When income is prorated in accordance with subparagraph 41.27(9)“c”(1) and paragraph 41.27(9)“i,” the prorated amount is counted as income received in the month of decision. Allowable work expenses during the month of decision will be deducted from earned income, except when determining eligibility under the 185 percent test defined in rule 441—41.27(239B). The determination of eligibility in the month of decision is a three-step process as described in rule 441—41.27(239B). (2) When countable gross nonexempt earned and unearned income in the month of decision, or in any other month after assistance is approved, exceeds 185 percent of the standard of need for the eligible group, the application will be rejected or the assistance grant canceled. Countable gross income means nonexempt gross income, as defined in 441—41.27(239B), without application of any disregards, deductions, or diversions. When the countable gross nonexempt earned and unearned income in the month of decision equals or is less than 185 percent of the standard of need for the eligible group, initial eligibility under the standard of need will then be determined. Initial eligibility under the standard of need is determined without application of the work incentive disregard as specified in paragraph 41.27(2)“c.” All other appropriate exemptions, deductions and diversions are applied. Countable income is then compared to the standard of need for the eligible group. When countable net earned and unearned income in the month of decision equals or exceeds the standard of need for the eligible group, the application will be denied. (3) When the countable net income in the month of decision is less than the standard of need for the eligible group, the work incentive disregard described in paragraph 41.27(2)“c” will be applied when there is eligibility for this disregard. When countable net earned and unearned income in the month of decision, after application of the work incentive disregard and all other appropriate exemptions, deductions, and diversions, equals or exceeds the payment standard for the eligible group, the application will be denied. When the countable net income in the month of decision is less than the payment standard for the eligible group, the eligible group meets income requirements. The amount of the FIP grant will be determined by subtracting countable net income in the month of decision from the payment standard for the eligible group, except as specified in subparagraph 41.27(9)“a”(4). (4) Eligibility for the FIP for any month or partial month before the month of decision will be determined only when there is eligibility in the month of decision. The family composition for any month or partial month before the month of decision will be considered the same as on the date of decision. In determining eligibility and the amount of the assistance payment for any month or partial month preceding the month of decision, income and all circumstances except family composition in that month will be considered in the same manner as in the month of decision. When the applicant is eligible for some, but not all, months of the application period due to the time limit described in subrule 41.30(1), FIP eligibility will Human Services[441] IAC 5/14/25 Ch 41, p.27

be determined for the month of decision first, then the immediately preceding month, and so on until the time limit has been reached. b. Ongoing eligibility. (1) The department will prospectively compute eligibility and benefits when review information is submitted as described in 441—subrule 40.27(3). All countable earned and unearned income received by the eligible group during the previous 30 days will be used to project future income. If the participant indicates that the 30-day period is not indicative of future income, income from a longer period or verification of anticipated income from the income source may be used to project future income. (2) When a change in eligibility factors occurs, the department will prospectively compute eligibility and benefits based on the change, effective no later than the month following the month the change occurred. (3) Reserved. (4) The earned income deduction for each wage earner as defined in paragraph 41.27(2)“a” and the work incentive disregard as defined in paragraph 41.27(2)“c” will be allowed. c. Lump-sum income. (1) Recurring lump-sum income. Recurring lump-sum earned and unearned income, except for the income of the self-employed, will be considered as income in the month received. Income received by an individual employed under a contract will be prorated over the period of the contract. Income received at periodic intervals or intermittently will be considered as income in the month received, except periodic or intermittent income from self-employment will be treated as described in paragraph 41.27(9)“i.” When the income that is subject to proration is earned, appropriate disregards, deductions and diversions will be applied to the monthly prorated income. Income that is subject to proration is prorated when a lump sum is received before the month of decision and is anticipated to recur; or a lump sum is received during the month of decision or at any time during the receipt of assistance. (2) Nonrecurring lump-sum income. Moneys received as a nonrecurring lump sum, except as specified in subrules 41.26(4) and 41.26(7) and paragraphs 41.27(8)“b” and “c,” will be treated in accordance with this rule. Nonrecurring lump-sum income will be considered as income in the month received and counted in computing eligibility and the amount of the grant unless the income is exempt. Nonrecurring lump-sum unearned income is defined as a payment in the nature of a windfall, for example, an inheritance, an insurance settlement for pain and suffering, an insurance death benefit, a gift, lottery winnings, or a retroactive payment of benefits, such as social security, job insurance or workers’ compensation. When countable income, exclusive of the FIP grant but including countable lump-sum income, exceeds the needs of the eligible group, the case will be canceled or the application rejected. In addition, the eligible group will be ineligible for the number of full months derived by dividing the income by the standard of need for the eligible group. Any income remaining after this calculation will be applied as income to the first month following the period of ineligibility and disregarded as income thereafter. The period of ineligibility will begin with the month the lump sum is received. 1. When a nonrecurring lump sum is timely reported as required by 441—paragraph 40.27(4)“f,” recoupment will not be made for the month of receipt. When a nonrecurring lump sum is timely reported, but the timely notice as required by rule 441—16.2(17A) requires that the action be delayed until the second calendar month following the month of change, recoupment will not be made for the first calendar month following the month of change. When a nonrecurring lump sum is not timely reported, recoupment will be made beginning with the month of receipt. 2. The period of ineligibility will be shortened when the schedule of living costs as defined in subrule 41.28(2) increases. 3. The period of ineligibility will be shortened by the amount that is no longer available to the eligible group due to a loss or a theft or because the person controlling the lump sum no longer resides with the eligible group. 4. The period of ineligibility will also be shortened when there is an expenditure of the lump sum made for the following circumstances unless there was insurance available to meet the expense: Payments made on medical services for the former eligible group or their dependents for services listed in 441— Chapters 78, 81, 82 and 85 at the time the expense is reported to the department; the cost of necessary Human Services[441] Ch 41, p.28 IAC 5/14/25

repairs to maintain habitability of the homestead requiring the spending of over $25 per incident; cost of replacement of exempt resources as defined in subrule 41.26(1) due to fire, tornado, or other natural disaster; or funeral and burial expenses. The expenditure of these funds shall be verified. A dependent is an individual who is claimed or could be claimed by another individual as a dependent for federal income tax purposes. 5. When countable income, including the lump-sum income, is less than the needs of the eligible group, the lump sum will be counted as income for the month received. For purposes of applying the lump- sum provision, the eligible group is defined as all eligible persons and any other individual whose lump- sum income is counted in determining the period of ineligibility. During the period of ineligibility, individuals not in the eligible group when the lump-sum income was received may be eligible for the FIP as a separate eligible group. Income of this eligible group plus income, excluding the lump-sum income already considered, of the parent or other legally responsible person in the home will be considered as available in determining eligibility and the amount of the grant. d. The third digit to the right of the decimal point in any computation of income and hours of employment will be dropped. This includes the calculation of the amount of a child support sanction as defined in paragraph 41.22(6)“f.” e. In any month for which an individual is determined eligible to be added to a currently active FIP case, the individual’s needs will be included subject to the effective date of grant limitations as prescribed in rule 441—40.26(239B). (1) When adding an individual to an existing eligible group, any income of that individual will be considered prospectively. (2) The needs of an individual determined to be ineligible to remain a member of the eligible group will be removed prospectively effective the first of the following month. f. Reserved. g. When income received weekly or biweekly (once every two weeks) is projected for future months, it will be projected by adding all income received in the period being used and dividing the result by the number of instances of income received in that period. The result will be multiplied by four if the income is received weekly or by two if the income is received biweekly, regardless of the number of weekly or biweekly payments to be made in future months. h. Income from self-employment received on a regular weekly, biweekly, semimonthly or monthly basis will be budgeted in the same manner as the earnings of an employee. The countable income will be the net income. i. Income from self-employment not received on a regular weekly, biweekly, semimonthly or monthly basis that represents an individual’s annual income will be averaged over a 12-month period of time, even if the income is received within a short period of time during that 12-month period. Any change in self-employment will be handled in accordance with subparagraphs 41.27(9)“i”(3) through “i”(5). (1) When a self-employment enterprise that does not produce a regular weekly, biweekly, semimonthly or monthly income has been in existence for less than a year, income will be averaged over the period of time the enterprise has been in existence and the monthly amount projected for the same period of time. If the enterprise has been in existence for such a short time that there is very little income information, the worker will establish, with the cooperation of the client, a reasonable estimate that will be considered accurate and projected for three months, after which the income will be averaged and projected for the same period of time. Any changes in self-employment will be considered in accordance with subparagraphs 41.27(9)“i”(3) through “i”(5). (2) These policies apply when the self-employment income is received before the month of decision and the income is expected to continue, in the month of decision, and after assistance is approved. (3) A change in the cost of producing self-employment income is defined as an established permanent ongoing change in the operating expenses of a self-employment enterprise. Change in self-employment income is defined as a change in the nature of business. (4) When a change in operating expenses occurs, the department will recompute the expenses on the basis of the change. Human Services[441] IAC 5/14/25 Ch 41, p.29

(5) When a change occurs in the nature of the business, the income and expenses will be computed on the basis of the change. j. Special needs. (1) A special need as defined in subrule 41.28(3) must be documented before payment will be made. (2) A one-time special need occurs and is considered in determining need for the calendar month in which the special need is entered on the automated benefit calculation system. (3) An ongoing special need is considered in determining need for the calendar month following the calendar month in which the special need is entered on the automated benefit calculation system. (4) When the special need continues, payment will be included, prospectively, in each month’s FIP grant. When the special need ends, payment will be removed prospectively. Any overpayment for a special need will be recouped. k. When a family’s assistance for a month is subject to recoupment because the family was not eligible, individuals applying for assistance during the same month may be eligible for the FIP as a separate eligible group. Income of this new eligible group plus income of the parent or other legally responsible person in the home will be considered as available in determining eligibility and the amount of the grant. The income of an ineligible parent or other legally responsible person will be considered prospectively in accordance with subrules 41.27(4) and 41.27(8). 41.27(10) Aliens sponsored by individuals. When an alien admitted for lawful permanent residence is sponsored by a person who executed an enforceable affidavit of support as described in 8 U.S.C. Section 1631(a)(1) (as amended to December 31, 2024) on behalf of the alien, the income of the alien will be deemed to include the income of the sponsor (and of the sponsor’s spouse if living with the sponsor). The amount of the income of the sponsor and the sponsor’s spouse deemed to the alien will be the total gross earned and unearned income remaining after allowing the earned income deduction described in paragraph 41.27(2)“a,” the work incentive disregard described in paragraph 41.27(2)“c,” and diversions described in subrule 41.27(4). The following are exceptions to deeming of a sponsor’s income: a. Deeming of the sponsor’s income does not apply when: (1) The sponsored alien attains citizenship through naturalization pursuant to Chapter 2 of Title III of the Immigration and Nationality Act (as amended to December 31, 2024); (2) The sponsored alien has earned 40 qualifying quarters of coverage as defined in Title II of the Social Security Act (as amended to December 31, 2024) or can be credited with 40 “qualifying quarters” as defined in rule 441—40.21(239B); or (3) The sponsored alien or the sponsor dies. b. An indigent alien is exempt from the deeming of a sponsor’s income for 12 months after indigence is determined. An alien will be considered indigent if: (1) The alien does not live with the sponsor; and (2) The alien’s gross income, including any income received from or made available by the sponsor, is less than 100 percent of the federal poverty level for the sponsored alien’s household size. c. A battered alien as described in 8 U.S.C. Section 1641(c) (as amended to December 31, 2024) is exempt from the deeming of a sponsor’s income for 12 months. 41.27(11) Restriction on diversion of income. No income may be diverted to meet the needs of a person living in the home who has been sanctioned under subrule 41.24(8) or 41.25(5), or who has been disqualified under subrule 41.25(10) or rule 441—46.29(239B), or who is required to be included in the eligible group according to paragraph 41.28(1)“a” and has failed to cooperate. This restriction applies to paragraph 41.27(4)“a” and subrule 41.27(8). [ARC 9277C, IAB 5/14/25, effective 7/1/25] 441—41.28(239B) Need standards. 41.28(1) Definition of the eligible group. The eligible group consists of all eligible people specified below and living together, except when one or more of these people receive supplemental security income under Title XVI of the Social Security Act, as amended to December 31, 2024. There will be at least one child in the eligible group except when the only eligible child is receiving supplemental security income. The unborn child is not considered a member of the eligible group for purposes of establishing the number of people in the eligible group. Human Services[441] Ch 41, p.30 IAC 5/14/25

a. The following persons will be included (except as otherwise provided in these rules), without regard to the person’s employment status, income or resources: (1) All dependent children who are siblings of whole or half blood or adoptive. (2) Any parent of such children, if the parent is living in the same home as the dependent children. b. The following persons may be included: (1) The needy specified relative who assumes the role of parent. (2) The needy specified relative who acts as payee when the parent is in the home, but is unable to act as payee. (3) An incapacitated stepparent, upon request, when the stepparent is the legal spouse of the parent by ceremonial or common-law marriage and the incapacitated stepparent does not have a child in the eligible group. 1. A stepparent is considered incapacitated when a clearly identifiable physical or mental defect has a demonstrable effect upon earning capacity or the performance of the homemaking duties required to maintain a home for the stepchild. The incapacity shall be expected to last for a period of at least 30 days from the date of application. 2. The determination of incapacity shall be supported by medical or psychological evidence. The evidence may be obtained from either an independent physician or psychologist or the state rehabilitation agency. The evidence may be submitted either by letter from the physician or on a form prescribed by the department. When an examination is required and other resources are not available to meet the expense of the examination, the physician shall be authorized to make the examination and submit the claim for payment on a form prescribed by the department. A finding of eligibility for social security benefits or supplemental security income benefits based on disability or blindness is acceptable proof of incapacity. 41.28(2) Schedule of needs. The schedule of living costs represents 100 percent of basic needs. The schedule of living costs is used to determine the needs of individuals when these needs must be determined in accordance with the “standard of need” as defined in rule 441—40.21(239B). The 185 percent schedule is included for the determination of eligibility in accordance with rule 441—41.27(239B). The schedule of basic needs is used to determine the basic needs of those persons whose needs are included in and are eligible for an FIP grant. The eligible group is considered a separate and distinct group without regard to the presence in the home of other persons, regardless of relationship to or whether they have a liability to support members of the eligible group. The schedule of basic needs is also used to determine the needs of persons not included in the assistance grant, when these needs must be determined in accordance with the “payment standard” as defined in rule 441—40.21(239B). The percentage of basic needs paid to one or more persons as compared to the schedule of living costs is shown on the chart below. SCHEDULE OF NEEDS Number of Persons 1 2 3 4 5 6 7 8 9 10 Each Additional Person 185% of Living Costs 675.25 1330.15 1570.65 1824.10 2020.20 2249.60 2469.75 2695.45 2915.60 3189.40 320.05 Schedule of Living Costs 365 719 849 986 1092 1216 1335 1457 1576 1724 173 Schedule of Basic Needs 183 361 426 495 548 610 670 731 791 865 87 Ratio of Basic Needs to Living Costs 50.18 50.18 50.18 50.18 50.18 50.18 50.18 50.18 50.18 50.18 50.18 CHART OF BASIC NEEDS COMPONENTS (all figures are on a per person basis) Number of Persons 1 2 3 4 5 6 7 8 9 10 or More Shelter 77.14 65.81 47.10 35.20 31.74 26.28 25.69 22.52 20.91 20.58 Utilities 19.29 16.45 11.77 8.80 7.93 6.57 6.42 5.63 5.23 5.14 Human Services[441] IAC 5/14/25 Ch 41, p.31

Number of Persons 1 2 3 4 5 6 7 8 9 10 or More Household Supplies 4.27 5.33 4.01 3.75 3.36 3.26 3.10 3.08 2.97 2.92 Food 34.49 44.98 40.31 39.11 36.65 37.04 34.00 33.53 32.87 32.36 Clothing 11.17 11.49 8.70 8.75 6.82 6.84 6.54 6.39 6.20 6.10 Pers. Care & Supplies 3.29 3.64 2.68 2.38 2.02 1.91 1.82 1.72 1.67 1.64 Med. Chest Supplies .99 1.40 1.34 1.13 1.15 1.11 1.08 1.06 1.09 1.08 Communi- cations 7.23 6.17 3.85 3.25 2.50 2.07 1.82 1.66 1.51 1.49 Transpor- tation 25.13 25.23 22.24 21.38 17.43 16.59 15.24 15.79 15.44 15.19 a. The definitions of the basic need components are as follows: (1) Shelter: Rental, taxes, upkeep, insurance, amortization. (2) Utilities: Fuel, water, lights, water heating, refrigeration, garbage. (3) Household supplies and replacements: Essentials associated with housekeeping and meal preparation. (4) Food: Including school lunches. (5) Clothing: Including layette, laundry, dry cleaning. (6) Personal care and supplies: Including regular school supplies. (7) Medicine chest items. (8) Communications: Telephone, newspapers, magazines. (9) Transportation: Includes bus fares and other out-of-pocket costs of operating a privately owned vehicle. b. Special situations in determining eligible group: (1) The needs of a child or children in a nonparental home will be considered a separate eligible group when the relative is receiving the FIP assistance for the relative’s own children. (2) When the unmarried specified relative under age 19 is living in the same home with a parent or parents who receive the FIP, the needs of the specified relative, when eligible, will be included in the same eligible group with the parent(s). When the specified relative is a parent, the needs of the eligible children for whom the unmarried parent is caretaker will be included in the same eligible group. When the specified relative is a nonparental relative, the needs of the eligible children for whom the specified relative is caretaker will be considered a separate eligible group. When the unmarried specified relative under the age of 19 is living in the same home as a parent(s) who receives the FIP but the specified relative is not an eligible child, need of the specified relative will be determined in the same manner as though the specified relative had attained majority. When the unmarried specified relative under the age of 19 is living with a nonparental relative or in an independent living arrangement, need will be determined in the same manner as though the specified relative had attained majority. When the unmarried specified relative is under the age of 18 and living in the same home with a parent(s) who does not receive the FIP, the needs of the specified relative, when eligible, will be included in the assistance grant with the children when the specified relative is a parent. When the specified relative is a nonparental relative as defined in subrule 41.22(3), only the needs of the eligible children will be included in the assistance grant. When the unmarried specified relative is aged 18, need will be determined in the same manner as though the specified relative had attained majority. (3) When a person who would ordinarily be in the eligible group is receiving supplemental security income benefits, the person, income, and resources will not be considered in determining FIP benefits for the rest of the family. (4) When two individuals, married to each other, are living in a common household and the children of each of them are recipients of assistance, the assistance grant will be computed on the basis of their comprising one eligible group. This rule is not intended to mandate that an application for assistance be made for children who are not the natural or adoptive children of the applicant. Human Services[441] Ch 41, p.32 IAC 5/14/25

41.28(3) Special needs. On the basis of demonstrated need the following special needs will be allowed, in addition to the basic needs. a. School expenses. Any specific charge, excluding tuition, for a child’s education made by the school, or in accordance with school requirements in connection with a course in the curriculum, will be allowed provided the allowance will not exceed the reasonable cost required to meet the specifications of the course, and the student is actually participating in the course at the time the expense is claimed. Payment will not be made for ordinary expenses for school supplies. b. Guardian/conservator fee. An amount not to exceed $10 per case per month may be allowed for guardian’s/conservator’s fees when authorized by appropriate court order. No additional payment is permitted for court costs or attorney’s fees. [ARC 9277C, IAB 5/14/25, effective 7/1/25] 441—41.29(239B) Composite FIP/SSI cases. When persons in the FIP household, who would ordinarily be in the eligible group, are receiving supplemental security income benefits, the following subrules will apply: 41.29(1) Pending SSI approval. When a person who would ordinarily be in the eligible group has applied for supplemental security income benefits, the person’s needs may be included in the FIP grant pending approval of supplemental security income. 41.29(2) Ownership of property. When property is owned by both the supplemental security income beneficiary and the FIP recipient, each will be considered as having a half interest in order to determine the value of the resource, unless the terms of the deed or purchase contract clearly establish ownership on a different proportional basis. [ARC 9277C, IAB 5/14/25, effective 7/1/25] 441—41.30(239B) Time limits. 41.30(1) Sixty-month limit. Assistance will not be provided to an FIP applicant or recipient family that includes an adult who has received assistance for 60 calendar months under FIP or under any program in another state that is funded by the federal Temporary Assistance for Needy Families (TANF) block grant unless the applicant or recipient family is eligible for a hardship as defined in subrule 41.30(3). The 60- month period need not be consecutive. In two-parent households or households that include a parent and a stepparent, the 60-month limit is determined when either a parent or stepparent has received assistance for 60 months. a. An “adult” is any person who is a parent of the FIP child in the home, the parent’s spouse, or included as an optional member under subparagraph 41.28(1)“b”(1) or “b”(2). b. “Assistance,” for the purpose of this rule, will include any month for which the adult receives an FIP grant or a payment in another state using federal TANF funds that the other state deems countable toward the 60-month federal limit. Assistance received for a partial month will count as a full month. 41.30(2) Determining number of months. a. In determining the number of months an adult received assistance, the department will consider toward the 60-month limit: (1) Assistance received even when the parent is excluded from the grant unless the parent, or both parents in a two-parent household, are SSI recipients. (2) Assistance received by an optional member of the eligible group as described in subparagraphs 41.28(1)“b”(1) and “b”(2). However, once the person has received assistance for 60 months, the person is ineligible but assistance may continue for other persons in the eligible group. The entire family is ineligible for assistance when the optional member who has received assistance for 60 months is the incapacitated stepparent on the grant as described in subparagraph 41.28(1)“b”(3). b. When the parent, or both parents in a two-parent household, have received 60 months of FIP assistance and are subsequently approved for supplemental security income, FIP assistance for the children may be granted, if all other eligibility requirements are met. c. When a minor parent and child receive FIP on the adult parent’s case and the adult parent is no longer eligible due to the 60-month limit on FIP assistance, the minor parent may reapply for FIP as a minor parent living with a self-supporting parent. Human Services[441] IAC 5/14/25 Ch 41, p.33

d. In determining the number of months an adult received assistance, the department will not consider toward the 60-month limit any month for which FIP assistance was not issued for the family, such as: (1) A month of suspension. (2) A month for which no grant is issued due to the limitations described in rules 441—45.26(239B) and 441—45.27(239B). e. The department will not consider toward the 60-month limit months of assistance a parent or pregnant person received as a minor child and not as the head of a household or married to the head of a household. This includes assistance received for a minor parent for any month in which the minor parent was a child on the adult parent’s or the specified relative’s FIP case. f. The department will not consider toward the 60-month limit months of assistance received by an adult while living in Indian country (as defined in 18 U.S.C. Section 1151 as amended to December 31, 2024) or a Native Alaskan village where at least 50 percent of the adults were not employed. 41.30(3) Exception to the 60-month limit. A family may receive FIP assistance for more than 60 months as defined in subrule 41.30(1) if the family qualifies for a hardship exemption as described in this subrule. “Hardship” is defined as a circumstance that is preventing the family from being self-supporting. However, the family’s safety will take precedence over the goal of self-sufficiency. a. Reserved. b. Eligibility determination. Eligibility for the hardship exemption will be determined on an individual family basis. A hardship exemption will not begin until the adult in the family has received at least 60 months of FIP assistance. c. Hardship exemption criteria. Circumstances that may lead to a hardship exemption may include the following: (1) Domestic violence. “Domestic violence” means that the family includes someone who has been battered or subjected to extreme cruelty. It includes: 1. Physical acts that resulted in, or threatened to result in, physical injury to the individual. 2. Sexual abuse. 3. Sexual activity involving a dependent child. 4. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities. 5. Threats of, or attempts at, physical or sexual abuse. 6. Mental abuse. 7. Neglect or deprivation of medical care. (2) Lack of employability. (3) Lack of suitable child care as defined in 441—subrule 93.4(5). (4) Chronic or recurring medical conditions or mental health issues, or an accident or disease, when verified by a professional. The applicant or recipient will follow a treatment plan to address the condition or issue. (5) Housing situations that make it difficult or impossible to work. (6) Substance use disorder. A family requesting a hardship exemption due to substance use disorder will be required to obtain clinical assessment and follow an intensive treatment plan. (7) Having a child whose circumstances require the parent to be in the home. This may include but is not limited to a child as defined in rule 441—170.1(237A) or a child receiving child welfare, juvenile court or juvenile justice services. The safety of the child will take precedence over the goal of self-sufficiency. (8) Reserved. (9) Other circumstances that prevent the family from being self-supporting. d. Eligibility for a hardship exemption. (1) Families may be eligible for a hardship exemption when circumstances prevent the family from being self-supporting. The hardship condition shall be a result of a past or current experience that is affecting the family’s current functioning. Current experience may include fear of an event that is likely to occur in the future. The definition of the hardship barrier relies upon the impact of the circumstances upon the family’s ability to leave FIP rather than the type of circumstances. Human Services[441] Ch 41, p.34 IAC 5/14/25

(2) Families with FIA-responsible persons who are not exempt from referral as defined in subrule 41.24(2) determined eligible for more than 60 months of FIP shall make incremental steps toward overcoming the hardship and participate to their maximum potential in activities reasonably expected to result in self-sufficiency. (3) Barriers to economic self-sufficiency that an FIA-responsible person who is not exempt as defined in subrule 41.24(2) has that were known and existing before the family reached the 60-month limit will not be considered as meeting eligibility criteria for hardship unless the individual complied with PROMISE JOBS activities offered to overcome that specific barrier. e. Requesting a hardship exemption. (1) Families that have or are close to having received 60 months of assistance as defined in subrule 41.30(1) may request a hardship exemption. Requests for the hardship exemption shall be made on a hardship request form prescribed by the department. In addition, families that have received assistance for 60 months and are no longer receiving FIP shall complete an application form prescribed by the department as a condition for regaining FIP eligibility. Failure to provide the required application within ten days from the date of the department’s request will result in denial of the hardship request. (2) In families that request FIP beyond 60 months, all adults as defined in subrule 41.30(1) shall sign the request. When the adult is incompetent or incapacitated, someone acting responsibly on the adult’s behalf may sign the request. (3) Requests for a hardship exemption will not be accepted prior to the first day of the family’s fifty- ninth month of assistance. The date of the request will be the date an identifiable hardship request form prescribed by the department is received in any department or PROMISE JOBS office. An identifiable form is one that contains a legible name and address and that has been signed. (4) To receive more than 60 months of FIP assistance, families must be eligible for a hardship exemption and meet all other FIP eligibility requirements. (5) When an adult as defined in subrule 41.30(1) who has received assistance for 60 months joins a recipient family that has not received 60 months of assistance, eligibility will continue only if the recipient family submits a hardship request form prescribed by the department and is approved for a hardship exemption as described in subrule 41.30(3) and meets all other FIP eligibility requirements. (6) When an adult as defined in subrule 41.30(1) joins a recipient family that is in an exemption period, the current exemption period will continue, if the recipient family continues to meet all other eligibility requirements, regardless of whether the joining adult has received FIP for 60 months. (7) When two parents who are in a hardship exemption period separate, the remainder of the exemption period, if there is a need, will follow the parent who retains the current FIP case. f. Determination of hardship exemption. (1) A determination on the request will be made as soon as possible, but no later than 30 days following the date an identifiable hardship request form prescribed by the department is received in any department or PROMISE JOBS office. A written notice of decision will be issued to the family the next working day following a determination of eligibility or ineligibility for a hardship exemption. The 30-day time standard will apply except in unusual circumstances, such as when the department and the family have made every reasonable effort to secure necessary information that has not been supplied by the date the time limit expired; or because of emergency situations, such as fire, flood or other conditions beyond the administrative control of the department. (2) When a Financial Support Application is required to regain FIP eligibility, the 30-day time frame in rule 441—40.25(239B) will apply. (3) Income maintenance will determine eligibility for a hardship exemption. (4) The family shall provide supporting evidence of the hardship barrier and the impact of the barrier upon the family’s ability to leave FIP. The department will advise the applicant or recipient about how to obtain necessary documents. Upon request, the department will provide reasonable assistance in obtaining supporting documents when the family is not reasonably able to obtain the documents. The type of supporting evidence is dependent upon the circumstance that creates the hardship barrier. (5) Examples of types of supporting evidence may include: Human Services[441] IAC 5/14/25 Ch 41, p.35

1. Court, medical, criminal, child protective services, social services, psychological, or law enforcement records. 2. Statements from professionals or other individuals with knowledge of the hardship barrier. 3. Statements from vocational rehabilitation or other job training professionals. 4. Statements from individuals other than the applicant or recipient with knowledge of the hardship circumstances. Written statements from friends and relatives alone may not be sufficient to grant hardship status, but may be used to support other evidence. 5. Court, criminal, police records or statements from domestic violence counselors may be used to substantiate hardship. Living in a domestic violence shelter will not automatically qualify an individual for a hardship exemption, but would be considered strong evidence. 6. Actively pursuing verification of a disability through the Social Security Administration may not be sufficient to grant hardship status, but may be used to support other evidence. (6) The department will notify the family in writing of additional information or verification that is required to verify the barrier and its impact upon the family’s ability to leave FIP. The family will be allowed ten days to supply the required information or verification. The ten-day period may be extended under the circumstances described in 441—subrule 40.24(1) or 441—paragraph 40.27(4)“c.” Failure to supply the required information or verification, or refusal by the family to authorize the department to secure the information or verification from other sources, will result in denial of the family’s request for a hardship exemption. (7) and (8) Reserved. (9) Recipients whose FIP assistance is canceled at the end of the sixtieth month will be eligible for reinstatement as described in 441—subrule 40.22(5) when a hardship request form prescribed by the department is received before the effective date of cancellation even if eligibility for a hardship exemption is not determined until on or after the effective date of cancellation. (10) When a hardship request form prescribed by the department is not received before the effective date of the FIP cancellation and a Financial Support Application is required for the family to regain FIP eligibility, the effective date of assistance will be no earlier than seven days from the date of application as described in rule 441—40.26(239B). (11) Eligibility for a hardship exemption will last for six consecutive calendar months. Exception: The six-month hardship exemption ends when FIP for the family is canceled for any reason and a Financial Support Application is required for the family to regain FIP eligibility. In addition, when FIP eligibility depends on receiving a hardship exemption, the family shall submit a new hardship request form prescribed by the department. A new hardship exemption determination will be required prior to FIP approval. (12) FIP received for a partial month of the six-month hardship exemption period will count as a full month. (13) There is no limit on the number of hardship exemptions a family may receive over time. g. Six-month FIA. Families who request a hardship exemption shall develop and sign a six-month FIA as defined in 441—93.4(239B) to address the circumstances that are creating the barrier. All adults as defined in subrule 41.30(1) shall sign the six-month FIA unless the adult is a stepparent and is not requesting assistance or is exempt as specified at subrule 41.24(2). (1) The six-month FIA shall contain specific steps to enable the family to make incremental progress toward overcoming the barrier. Each subsequent hardship exemption will require a new six-month FIA. Failure to develop or sign a six-month FIA will result in denial of the family’s hardship exemption request. (2) Families that request a hardship exemption will be notified verbally and will be hand-issued the notice of a scheduled appointment for orientation and FIA development. If the notice of appointment cannot be hand-issued, at least five working days will be allowed from the date the notice is mailed for a participant to appear for the scheduled appointment for orientation and FIA development unless the participant agrees to an appointment that is scheduled to take place in less than five working days. (3) Failure to attend a scheduled interview when required, except for reasons beyond the adult’s control, will result in a denial of the family’s hardship exemption request. In two-parent families, both parents will be required to participate in any scheduled interview. When the adult is incompetent or incapacitated, someone acting responsibly on the adult’s behalf may participate in the interview. Human Services[441] Ch 41, p.36 IAC 5/14/25

(4) PROMISE JOBS staff shall provide necessary supportive services as described in 441—Chapter 93 and shall monitor the six-month FIA. Periodic contacts shall be made with the family to monitor progress. These contacts need not be in person. Time and attendance reports shall be required as specified in 441—subrule 93.10(2). (5) The six-month FIA shall be renegotiated and amended under the circumstances described in 441—subrule 93.4(8). (6) Any family that is not exempt from referral as defined in subrule 41.24(2), that has been granted a hardship exemption, and that does not follow the terms of the family’s six-month FIA will have chosen an LBP in accordance with 441—Chapter 41 and 441—Chapter 93. h. Any family that is denied a hardship exemption may appeal the decision as described in 441—Chapter 7. [ARC 9277C, IAB 5/14/25, effective 7/1/25] These rules are intended to implement Iowa Code chapter 239B. [Filed 6/23/55; amended 4/12/72, 8/30/72, 11/20/72, 12/28/72, 6/21/73, 10/24/73, 3/20/74, 7/1/74, 12/2/74, 3/21/75] [Emergency amendments filed and effective 9/19/75—published 10/6/75] [Filed 11/25/75, Notice 10/6/75—published 12/15/75, effective 1/19/76] [Filed 6/25/76, Notice 5/17/76—published 7/12/76, effective 8/16/76] [Filed without notice 7/29/76—published 8/23/76, effective 9/27/76] [Filed emergency 7/29/76—published 8/23/76, effective 7/29/76] [Filed 9/29/76, Notice 8/23/76—published 10/20/76, effective 11/24/76] [Filed 4/13/77, Notice 2/23/77—published 5/4/77, effective 6/8/77, 7/1/77] [Filed emergency 7/20/77—published 8/10/77, effective 7/20/77] [Filed 8/18/77, Notice 6/15/77—published 9/7/77, effective 10/12/77] [Filed 1/16/78, Notice 9/7/77—published 2/8/78, effective 3/15/78] [Filed 2/8/78, Notice 12/28/77—published 3/8/78, effective 4/12/78] [Filed 6/1/78, Notice 4/19/78—published 6/28/78, effective 4/19/78] [Filed emergency 6/28/78—published 7/26/78, effective 7/1/78] [Filed 8/9/78, Notice 6/28/78—published 9/6/78, effective 11/1/78] [Filed 9/12/78, Notice 7/26/78—published 10/4/78, effective 11/8/78] [Filed 12/6/78, Notice 10/4/78—published 12/27/78, effective 2/1/79] [Filed 1/4/79, Notice 11/29/78—published 1/24/79, effective 3/1/79] [Filed 1/31/79, Notice 11/29/78—published 2/21/79, effective 4/1/79] [Filed 2/2/79, Notice 12/27/78—published 2/21/79, effective 3/28/79] [Filed 3/30/79, Notice 2/21/79—published 4/18/79, effective 5/23/79] [Filed 6/5/79, Notice 4/4/79—published 6/27/79, effective 8/1/79] [Filed emergency 6/26/79—published 7/25/79, effective 7/1/79] [Filed 7/3/79, Notice 4/18/79—published 7/25/79, effective 9/1/79] [Filed 8/2/79, Notice 5/30/79—published 8/22/79, effective 9/26/79] [Filed 8/2/79, Notice 5/30/79—published 8/22/79, effective 10/1/79] [Filed emergency after Notice 9/6/79, Notice 7/11/79—published 10/3/79, effective 10/1/79] [Filed 9/6/79, Notice 7/11/79—published 10/3/79, effective 12/1/79] [Filed 9/27/79, Notices 2/21/79, 4/18/79—published 10/17/79, effective 12/1/79] [Filed 10/24/79, Notice 8/22/79—published 11/14/79, effective 1/1/80] [Filed 4/4/80, Notice 1/23/80—published 4/30/80, effective 6/4/80] [Filed emergency 5/5/80—published 5/28/80, effective 5/5/80] [Filed emergency 6/4/80—published 6/25/80, effective 6/4/80] [Filed 6/4/80, Notice 1/9/80—published 6/25/80, effective 8/1/80] [Filed emergency 6/30/80—published 7/23/80, effective 7/1/80] [Filed 7/3/80, Notice 5/14/80—published 7/23/80, effective 9/1/80] [Filed 9/25/80, Notice 8/6/80—published 10/15/80, effective 11/19/80] Human Services[441] IAC 5/14/25 Ch 41, p.37

[Filed 9/25/80, Notices 5/14/80, 7/23/80—published 10/15/80, effective 12/1/80] [Filed 1/16/81, Notice 11/12/80—published 2/4/81, effective 4/1/81] [Filed emergency 3/24/81—published 4/15/81, effective 3/24/81] [Filed emergency 3/24/81—published 4/15/81, effective 4/1/81] [Filed 3/24/81, Notice 2/4/81—published 4/15/81, effective 6/1/81] [Filed without Notice 3/24/81—published 4/15/81, effective 6/1/81] [Filed 4/23/81, Notices 2/18/81, 3/4/81—published 5/13/81, effective 7/1/81] [Filed emergency 6/30/81—published 7/22/81, effective 7/1/81] [Filed emergency 9/25/81—published 10/14/81, effective 10/1/81] [Filed emergency 10/23/81—published 11/11/81, effective 11/1/81]◊ [Filed 10/23/81, Notice 8/19/81—published 11/11/81, effective 1/1/82] [Filed 11/20/81, Notice 10/14/81—published 12/9/81, effective 2/1/82] [Filed 1/28/82, Notice 11/11/81—published 2/17/82, effective 4/1/82] [Filed 2/26/82, Notice 12/9/81—published 3/17/82, effective 5/1/82] [Filed 4/5/82, Notice 1/20/82—published 4/28/82, effective 7/1/82] [Filed emergency 5/21/82—published 6/9/82, effective 6/1/82] [Filed emergency 5/21/82—published 6/9/82, effective 7/1/82] [Filed 6/15/82, Notice 3/17/82—published 7/7/82, effective 9/1/82] [Filed emergency 7/1/82—published 7/21/82, effective 7/1/82] [Filed emergency 7/30/82—published 8/18/82, effective 7/30/82] [Filed 7/30/82, Notice 4/14/82—published 8/18/82, effective 10/1/82] [Filed emergency 9/23/82—published 10/13/82, effective 10/1/82] [Filed emergency 10/29/82—published 11/24/82, effective 11/1/82]◊ [Filed emergency 2/25/83—published 3/16/83, effective 3/1/83] [Filed 2/25/83, Notice 10/27/82—published 3/16/83, effective 5/1/83] [Filed 2/25/83, Notices 7/7/82, 9/1/82—published 3/16/83, effective 5/1/83] [Filed emergency 3/25/83—published 4/13/83, effective 5/1/83] [Filed 4/15/83, Notice 10/27/82—published 5/11/83, effective 7/1/83] [Filed 4/21/83, Notice 2/16/83—published 5/11/83, effective 7/1/83] [Filed emergency 5/20/83—published 6/8/83, effective 6/1/83] [Filed emergency 6/17/83—published 7/6/83, effective 7/1/83] [Filed emergency 9/1/83—published 9/28/83, effective 9/1/83] [Filed 9/1/83, Notice 6/22/83—published 9/28/83, effective 11/2/83] [Filed emergency 9/26/83—published 10/12/83, effective 9/30/83] [Filed emergency 9/26/83—published 10/12/83, effective 10/1/83] [Filed 11/18/83, Notices 9/28/83, 10/12/83—published 12/7/83, effective 2/1/84]◊ [Filed 12/16/83, Notice 11/9/83—published 1/4/84, effective 2/8/84] [Filed 12/16/83, Notices 3/16/83, 5/11/83, 6/8/83—published 1/4/84, effective 3/1/84] [Filed emergency 6/15/84—published 7/4/84, effective 7/1/84] [Filed emergency 7/13/84—published 8/1/84, effective 8/1/84] [Filed emergency 9/28/84—published 10/24/84, effective 10/1/84] [Filed without Notice 9/28/84—published 10/24/84, effective 12/1/84] [Filed emergency 11/1/84—published 11/21/84, effective 11/1/84] [Filed emergency 11/16/84—published 12/5/84, effective 12/1/84] [Filed emergency 12/11/84—published 1/2/85, effective 1/1/85] [Filed emergency 1/21/85—published 2/13/85, effective 2/1/85] [Filed 1/21/85, Notice 12/5/84—published 2/13/85, effective 4/1/85] [Filed 3/4/85, Notice 1/2/85—published 3/27/85, effective 5/1/85] [Filed emergency after Notice 3/22/85, Notice 2/13/85—published 4/10/85, effective 4/1/85] [Filed 3/22/85, Notices 1/30/85, 2/13/85—published 4/10/85, effective 6/1/85] Human Services[441] Ch 41, p.38 IAC 5/14/25

[Filed 4/29/85, Notice 10/24/84—published 5/22/85, effective 7/1/85] [Filed emergency 6/14/85—published 7/3/85, effective 7/1/85] [Filed 7/26/85, Notice 6/5/85—published 8/14/85, effective 10/1/85] [Filed emergency after Notice 11/15/85, Notice 9/25/85—published 12/4/85, effective 12/1/85] [Filed 11/15/85, Notice 10/9/85—published 12/4/85, effective 2/1/86] [Filed emergency after Notice 12/2/85, Notice 10/23/85—published 12/18/85, effective 1/1/86] [Filed 3/21/86, Notice 9/25/85—published 4/9/86, effective 6/1/86] [Filed without Notice 4/28/86—published 5/21/86, effective 7/1/86] [Filed emergency 5/28/86 after Notice 4/9/86—published 6/18/86, effective 6/1/86] [Filed emergency 7/25/86 after Notice 6/4/86—published 8/13/86, effective 8/1/86] [Filed emergency 8/28/86 after Notice 7/16/86—published 9/24/86, effective 9/1/86] [Filed 9/3/86, Notice 7/2/86—published 9/24/86, effective 11/1/86] [Filed emergency 11/14/86 after Notice 10/8/86—published 12/3/86, effective 12/1/86] [Filed 11/14/86, Notice 10/8/86—published 12/3/86, effective 2/1/87] [Filed emergency 1/15/87—published 2/11/87, effective 1/15/87] [Filed emergency 1/15/87—published 2/11/87, effective 2/1/87] [Filed 4/29/87, Notice 3/11/87—published 5/20/87, effective 7/1/87] [Filed emergency 8/28/87—published 9/23/87, effective 9/1/87] [Filed 10/23/87, Notice 7/15/87—published 11/18/87, effective 1/1/88] [Filed 11/25/87, Notice 9/23/87—published 12/16/87, effective 2/1/88] [Filed 2/17/88, Notice 12/30/87—published 3/9/88, effective 6/1/88] [Filed without Notice 3/17/88—published 4/6/88, effective 6/1/88] [Filed 3/17/88, Notice 1/27/88—published 4/6/88, effective 6/1/88] [Filed 4/22/88, Notice 3/9/88—published 5/18/88, effective 7/1/88] [Filed 5/13/88, Notices 12/16/87, 3/23/88—published 6/1/88, effective 8/1/88] [Filed emergency 6/9/88 after Notice 5/4/88—published 6/29/88, effective 7/1/88] [Filed emergency 12/8/88—published 12/28/88, effective 12/8/88] [Filed 2/16/89, Notice 1/11/89—published 3/8/89, effective 5/1/89] [Filed emergency 4/13/89 after Notice 3/8/89—published 5/3/89, effective 5/1/89] [Filed 4/13/89, Notices 2/22/89, 3/8/89—published 5/3/89, effective 7/1/89] [Filed emergency 6/9/89—published 6/28/89, effective 7/1/89] [Filed emergency 6/29/89 after Notice 5/3/89—published 7/26/89, effective 7/1/89] [Filed 8/17/89, Notice 6/28/89—published 9/6/89, effective 11/1/89] [Filed emergency 9/15/89—published 10/4/89, effective 10/1/89] [Filed 12/15/89, Notice 7/26/89—published 1/10/90, effective 3/1/90] [Filed emergency 2/16/90—published 3/7/90, effective 4/1/90] [Filed 4/13/90, Notices 2/21/90, 3/7/90—published 5/2/90, effective 7/1/90] [Filed emergency 5/11/90—published 5/30/90, effective 7/1/90] [Filed 6/14/90, Notice 4/18/90—published 7/11/90, effective 9/1/90] [Filed 7/13/90, Notice 5/30/90—published 8/8/90, effective 10/1/90] [Filed emergency 8/16/90 after Notice 7/11/90—published 9/5/90, effective 9/1/90] [Filed 8/16/90, Notice 6/13/90—published 9/5/90, effective 11/1/90] [Filed 12/13/90, Notice 10/31/90—published 1/9/91, effective 3/1/91] [Filed emergency 2/14/91 after Notice 1/9/91—published 3/6/91, effective 3/1/91] [Filed emergency 3/14/91—published 4/3/91, effective 3/14/91] [Filed without Notice 4/11/91—published 5/1/91, effective 7/1/91] [Filed 5/17/91, Notice 3/20/91—published 6/12/91, effective 8/1/91] [Filed emergency 6/14/91—published 7/10/91, effective 7/1/91] [Filed 7/10/91, Notice 5/29/91—published 8/7/91, effective 10/1/91] [Filed 9/18/91, Notice 7/10/91◊—published 10/16/91, effective 12/1/91] Human Services[441] IAC 5/14/25 Ch 41, p.39

[Filed emergency 10/10/91 after Notice 9/4/91—published 10/30/91, effective 11/1/91] [Filed 11/15/91, Notice 9/18/91—published 12/11/91, effective 2/1/92] 1[Filed 12/11/91, Notice 10/16/91—published 1/8/92, effective 3/1/92]◊ [Filed 1/16/92, Notice 9/18/91—published 2/5/92, effective 4/1/92] [Filed emergency 4/15/92—published 5/13/92, effective 4/16/92] [Filed emergency 6/11/93 after Notice 4/28/93—published 7/7/93, effective 7/1/93] [Filed emergency 9/17/93—published 10/13/93, effective 10/1/93] [Filed emergency 11/12/93—published 12/8/93, effective 1/1/94] [Filed 12/16/93, Notice 10/13/93—published 1/5/94, effective 3/1/94] [Filed 2/10/94, Notice 12/8/93—published 3/2/94, effective 5/1/94] [Filed 8/12/94, Notice 7/6/94—published 8/31/94, effective 11/1/94] [Filed emergency 1/11/95 after Notice 11/23/94—published 2/1/95, effective 2/1/95] [Filed 2/16/95, Notice 11/23/94—published 3/15/95, effective 5/1/95] [Filed 7/12/95, Notice 5/10/95—published 8/2/95, effective 10/1/95] [Filed without Notice 9/25/95—published 10/11/95, effective 12/1/95] [Filed emergency 11/16/95—published 12/6/95, effective 12/1/95] [Filed emergency 1/10/96 after Notice 10/11/95—published 1/31/96, effective 2/1/96] [Filed 1/10/96, Notice 10/11/95—published 1/31/96, effective 4/1/96] [Filed 8/15/96, Notice 5/8/96—published 9/11/96, effective 11/1/96] [Filed emergency 9/19/96—published 10/9/96, effective 9/19/96] [Filed emergency 12/12/96—published 1/1/97, effective 1/1/97] [Filed 12/12/96, Notice 10/9/96—published 1/1/97, effective 3/1/97] [Filed emergency 1/15/97—published 2/12/97, effective 3/1/97] [Filed 3/12/97, Notice 1/1/97—published 4/9/97, effective 6/1/97] [Filed 4/11/97, Notice 2/12/97—published 5/7/97, effective 7/1/97] [Filed emergency 6/12/97—published 7/2/97, effective 7/1/97] [Filed emergency 9/16/97—published 10/8/97, effective 10/1/97] [Filed 9/16/97, Notice 7/2/97—published 10/8/97, effective 12/1/97] [Filed 11/12/97, Notice 9/10/97—published 12/3/97, effective 2/1/98] [Filed 11/12/97, Notice 9/10/97—published 12/3/97, effective 3/1/98] [Filed 12/10/97, Notice 10/8/97—published 12/31/97, effective 3/1/98] [Filed emergency 1/14/98 after Notice 11/19/97—published 2/11/98, effective 2/1/98] [Filed emergency 6/10/98—published 7/1/98, effective 7/1/98] [Filed 6/10/98, Notice 5/6/98—published 7/1/98, effective 9/1/98] [Filed 8/12/98, Notice 7/1/98—published 9/9/98, effective 11/1/98] [Filed 3/10/99, Notice 11/18/98—published 4/7/99, effective 5/31/99] [Filed 3/10/99, Notice 11/18/98—published 4/7/99, effective 6/1/99] [Filed 4/15/99, Notice 2/10/99—published 5/5/99, effective 7/1/99] [Filed emergency 6/10/99—published 6/30/99, effective 7/1/99] [Filed 6/10/99, Notice 4/21/99—published 6/30/99, effective 9/1/99] [Filed 8/11/99, Notice 6/30/99—published 9/8/99, effective 11/1/99] [Filed 12/8/99, Notice 11/3/99—published 12/29/99, effective 3/1/00] [Filed emergency 3/8/00—published 4/5/00, effective 4/1/00] [Filed 5/10/00, Notice 3/22/00—published 5/31/00, effective 8/1/00] [Filed 6/8/00, Notice 4/5/00—published 6/28/00, effective 9/1/00] [Filed 9/12/00, Notice 7/12/00—published 10/4/00, effective 12/1/00] [Filed 10/11/00, Notice 8/23/00—published 11/1/00, effective 1/1/01] [Filed 6/13/01, Notice 4/18/01—published 7/11/01, effective 9/1/01] [Filed emergency 11/14/01—published 12/12/01, effective 11/14/01] [Filed 12/12/01, Notice 10/17/01—published 1/9/02, effective 3/1/02] Human Services[441] Ch 41, p.40 IAC 5/14/25

◊ 1 [Filed 2/14/02, Notice 12/12/01—published 3/6/02, effective 5/1/02] [Filed emergency 3/14/02—published 4/3/02, effective 4/1/02] [Filed 4/10/02, Notice 11/14/01—published 5/1/02, effective 7/1/02] [Filed 5/9/02, Notice 4/3/02—published 5/29/02, effective 8/1/02] [Filed emergency 12/12/02 after Notice 10/30/02—published 1/8/03, effective 1/1/03] [Filed emergency 6/14/04—published 7/7/04, effective 7/1/04] [Filed 7/1/04, Notice 1/21/04—published 7/21/04, effective 9/1/04] [Filed 9/23/04, Notice 7/7/04—published 10/13/04, effective 11/17/04] [Filed 8/12/05, Notice 6/8/05—published 8/31/05, effective 11/1/05] [Filed emergency 11/16/05—published 12/7/05, effective 12/1/05] [Filed 10/20/06, Notice 8/30/06—published 11/8/06, effective 1/1/07] [Filed emergency 6/13/07—published 7/4/07, effective 8/1/07] [Filed 9/12/07, Notice 7/4/07—published 10/10/07, effective 11/14/07] [Filed emergency 3/12/08—published 4/9/08, effective 3/12/08] [Filed 6/11/08, Notice 4/9/08—published 7/2/08, effective 8/6/08] [Filed 7/9/08, Notice 5/21/08—published 7/30/08, effective 10/1/08] [Filed emergency 8/15/08 after Notice 7/2/08—published 9/10/08, effective 10/1/08] [Filed emergency 10/14/08 after Notice 8/27/08—published 11/5/08, effective 11/1/08] [Filed emergency 12/11/08 after Notice 10/8/08—published 1/14/09, effective 2/1/09] [Filed 12/15/08, Notice 10/22/08—published 1/14/09, effective 3/1/09] [Filed ARC 8004B (Notice ARC 7776B, IAB 5/20/09), IAB 7/29/09, effective 10/1/09] [Filed Emergency After Notice ARC 8500B (Notice ARC 8272B, IAB 11/4/09), IAB 2/10/10, effective 3/1/10] [Filed ARC 9043B (Notice ARC 8853B, IAB 6/16/10), IAB 9/8/10, effective 11/1/10] [Filed ARC 9439B (Notice ARC 9309B, IAB 12/29/10), IAB 4/6/11, effective 6/1/11] [Filed ARC 0148C (Notice ARC 0048C, IAB 3/21/12), IAB 6/13/12, effective 8/1/12] [Filed ARC 1146C (Notice ARC 0914C, IAB 8/7/13), IAB 10/30/13, effective 1/1/14] [Filed ARC 1208C (Notice ARC 0999C, IAB 9/4/13), IAB 12/11/13, effective 2/1/14] [Filed ARC 1207C (Notice ARC 1001C, IAB 9/4/13), IAB 12/11/13, effective 2/1/14] [Filed ARC 1478C (Notice ARC 1385C, IAB 3/19/14), IAB 6/11/14, effective 8/1/14] [Filed ARC 1694C (Notice ARC 1588C, IAB 8/20/14), IAB 10/29/14, effective 1/1/15] [Filed ARC 2272C (Notice ARC 2147C, IAB 9/16/15), IAB 12/9/15, effective 2/1/16] [Filed ARC 2812C (Notice ARC 2684C, IAB 8/17/16), IAB 11/9/16, effective 1/1/17] [Filed ARC 4973C (Notice ARC 4675C, IAB 9/25/19), IAB 3/11/20, effective 4/15/20] [Filed ARC 6496C (Notice ARC 6369C, IAB 6/15/22), IAB 9/7/22, effective 11/1/22] [Filed ARC 9277C (Notice ARC 8716C, IAB 1/8/25), IAB 5/14/25, effective 7/1/25] Two or more ARCs Effective date of 3/1/92 delayed until adjournment of the 1992 General Assembly by the Administrative Rules Review Committee at its meeting held February 3, 1992. Human Services[441] IAC 5/14/25 Ch 41, p.41

Code section 239B.3(3). 45.21(1) Electronic access card. The department will make payments available through an electronic access card issued to the payee except when: a. The recipient requests direct deposit; or b. The department determines it is not practicable to issue the payment by electronic access card. 45.21(2) Direct deposit. The department will issue payments by direct deposit to the recipient’s own account in a financial institution if the recipient completes a form prescribed by the department to request direct deposit. 45.21(3) Warrant. The department will issue payments by warrant when the recipient has not requested direct deposit and the department determines it is not practicable to issue payment by electronic access card. These circumstances include but are not limited to the following: a. A one-time payment is issued. b. The payee is a representative payee, conservator, or guardian who is not part of the family investment program (FIP) assistance unit. c. The payee is unable to provide a social security number or an individual taxpayer identification number. [ARC 9259C, IAB 5/14/25, effective 7/1/25]

by the post office, they shall be returned to the department. [ARC 9259C, IAB 5/14/25, effective 7/1/25]

instances: 45.23(1) The recipient’s whereabouts is unknown. 45.23(2) The recipient is not in the home due to an emergency and it is not known who will be serving as emergency payee. [ARC 9259C, IAB 5/14/25, effective 7/1/25]

payment in an amount less than that for which the recipient was eligible due to an administrative or client error or the recipient reports the completion of the federal tax return requiring repayment to Internal Revenue Service of excess advance earned income credit payments received in the prior calendar year. 45.24(1) Attribution of underpayments. a. An underpayment may be attributed to the department as a result of one of the following circumstances: (1) Misfiling or loss of forms or documents. (2) Errors in typing or copying. (3) Computer input errors. (4) Mathematical errors. (5) Failure to certify assistance in the correct amount when all essential information was available to the department. Human Services[441] IAC 5/14/25 Ch 45, p.1 (6) Failure to make prompt revisions in grants following changes in policies requiring the changes as of a specific date. b. An underpayment may be attributed to the client as a result of one of the following circumstances: (1) Information reported in error, oral or written, regarding the client’s income, resources, or other circumstances that may affect eligibility or the amount of assistance received. (2) Failure to timely report changes in income, resources, or other circumstances that may affect eligibility or the amount of assistance received. 45.24(2) Conditions under which a retroactive corrective payment may be made. a. Retroactive corrective payments will be made for all underpayments. b. Any retroactive corrective payment for which the recipient is eligible will first be applied to any unpaid overpayment before the balance, if any, is paid to the recipient. c. Retroactive corrective payments will be made for underpayments discovered on and after October 1, 1981, regardless of when the underpayment occurred. Recipients and former applicants and recipients are responsible for supplying any information needed to determine the amount of an underpayment. 45.24(3) The amount of the corrective payment to the recipient for repayment to Internal Revenue Service of excess advance earned income credit payments will be computed on the basis of the earnings considered in determining the family investment program grant for the prior year. 45.24(4) A retroactive corrective payment is: a. Exempt from consideration as income. b. Exempt from consideration as a resource in the month received and the following month. [ARC 9259C, IAB 5/14/25, effective 7/1/25]

only when the payment was approved by the department before the recipient’s death. Payment for a special need will be made only when the payment is entered on the automated benefit calculation system before the effective date of cancellation. [ARC 9259C, IAB 5/14/25, effective 7/1/25]

amount of the assistance is $10 or more. [ARC 9259C, IAB 5/14/25, effective 7/1/25]

payment amount will be rounded down to the next whole dollar when the result of determining the standard of need or the payment amount is not a whole dollar. [ARC 9259C, IAB 5/14/25, effective 7/1/25] These rules are intended to implement Iowa Code sections 239B.2, 239B.3, and 239B.7. [Filed 1/4/79, Notice 11/29/78—published 1/24/79, effective 3/1/79] [Filed emergency 9/25/81—published 10/14/81, effective 10/1/81] [Filed emergency 10/23/81—published 11/11/81, effective 11/1/81] [Filed emergency 9/23/82—published 10/13/82, effective 10/1/82] [Filed emergency 2/10/84—published 2/29/84, effective 2/10/84] [Filed emergency after Notice 1/21/85, Notice 11/7/84—published 2/13/85, effective 2/1/85] [Filed emergency 1/15/87—published 2/11/87, effective 1/15/87] [Filed 2/17/88, Notice 12/30/87—published 3/9/88, effective 6/1/88] [Filed 4/13/89, Notice 3/8/89—published 5/3/89, effective 7/1/89] [Filed emergency after Notice 9/15/89, Notice 8/9/89—published 10/4/89, effective 10/1/89] [Filed emergency 9/17/93—published 10/13/93, effective 10/1/93] [Filed 12/16/93, Notice 10/13/93—published 1/5/94, effective 3/1/94] [Filed emergency 1/15/97—published 2/12/97, effective 3/1/97] [Filed 4/11/97, Notice 2/12/97—published 5/7/97, effective 7/1/97] [Filed 9/12/00, Notice 7/12/00—published 10/4/00, effective 12/1/00] [Filed 11/18/02, Notice 10/2/02—published 12/11/02, effective 2/1/03] Human Services[441] Ch 45, p.2 IAC 5/14/25 [Filed 8/12/05, Notice 6/8/05—published 8/31/05, effective 11/1/05] [Filed emergency 10/14/08 after Notice 8/27/08—published 11/5/08, effective 11/1/08] [Filed Without Notice ARC 8005B, IAB 7/29/09, effective 10/1/09] [Filed ARC 8204B (Notice ARC 8006B, IAB 7/29/09), IAB 10/7/09, effective 11/11/09] [Filed ARC 9259C (Notice ARC 8714C, IAB 1/8/25), IAB 5/14/25, effective 7/1/25] Human Services[441] IAC 5/14/25 Ch 45, p.3

“Agency error” in overpayments means: 1. The same circumstances as described in 441—subrule 45.24(1) pertaining to underpayments, or 2. Any error that is not a client or procedural error. “Client” means a current or former applicant or recipient of the family investment program. “Client error” means and may result from: 1. False or misleading statements, oral or written, regarding the client’s income, resources, or other circumstances that may affect eligibility or the amount of assistance received; 2. Failure to timely report changes in income, resources, or other circumstances as required by rule 441—40.27(239B); 3. Failure to refund to child support services any nonexempt payment from the absent parent received after the date the decision on eligibility was made; or 4. Access of benefits issued via the electronic access card at a prohibited location pursuant to 441—subrule 41.25(11). “Overpayment” means any assistance payment received in an amount greater than the amount the eligible group is entitled to receive or the amount of any payment accessed and any associated fees for accessing the benefits at a prohibited location pursuant to 441—subrule 41.25(11). “Procedural error” means a technical error that does not in and of itself result in an overpayment. Procedural errors include: 1. Failure to secure a properly signed application at the time of initial application or reapplication. 2. Failure to secure a properly signed form prescribed by the department to request FIP beyond 60 months as described in 441—subrule 41.30(3). 3. Failure of the department to conduct the interviews described in 441—subrules 40.24(2) and 40.27(1). 4. Failure to request a review form prescribed by the department at the time of a semiannual or annual review. 5. Failure of department staff to cancel the family investment program benefits when the client submits a review form prescribed by the department that is not complete as defined in 441—paragraph 40.27(4)“b.” However, overpayments of grants as defined above based on incomplete reports are subject to recoupment. “Recoup” means reimburse, return, or repay an overpayment. “Recoupment” means the repayment of an overpayment, either by a payment from the client or an amount withheld from the assistance grant or both. [ARC 9260C, IAB 5/14/25, effective 7/1/25]

46.22(1) Amount subject to recoupment. All family investment program overpayments will be subject to recoupment. 46.22(2) Grant issued. When recoupment is made by withholding from the family investment program grant, the grant issued will be for no less than $10. [ARC 9260C, IAB 5/14/25, effective 7/1/25] Human Services[441] IAC 6/10/26 Ch 46, p.1

appeals, and licensing, as described in 441—subrule 11.2(2), when it is determined that an overpayment exists. Notification will include the amount, date and reason for the overpayment. The department will provide additional information regarding the computation of the overpayment upon the client’s request. The client may appeal the computation of the overpayment and any action to recover the overpayment through benefit reduction in accordance with 441—Chapter 2506. [ARC 9260C, IAB 5/14/25, effective 7/1/25; Editorial change: IAC Supplement 6/10/26]

due to assistance paid pending an appeal decision will be recouped. A procedural error alone does not result in an overpayment. 46.24(1) Agency error. When an overpayment is due to an agency error, recoupment will be made, including those instances when errors by the department prevent the requirements in 441—subrule 41.22(6) or 41.22(7) from being met or when the client receives a duplicate grant. a. An overpayment of any amount is subject to recoupment with one exception: when the client receives a grant that exceeds the amount on the most recent notice from the department, recoupment will be made only when the amount received exceeds the amount on the notice by $10 or more. b. An overpayment due to agency error will be computed as if the information had been acted upon timely. 46.24(2) Assistance paid pending appeal decision. Recoupment of overpayments resulting from assistance paid pending a decision on an appeal hearing will begin no later than the month after the month in which the final decision is issued. 46.24(3) Client error. a. An overpayment due to client error will be computed as if the information had been reported and acted upon timely. b. Overpayments due to failure to refund payments received from the absent parent will be the total nonexempt support payment made for members of the eligible group at the time the support payment was received. In addition, assistance payments made to meet the needs of the eligible group may also be subject to recoupment under provisions in 441—subrule 41.22(6). c. An overpayment due to a recipient’s accessing benefits via the electronic access card at a prohibited location will be the total of the transactions and any associated fees for accessing the benefits at the prohibited location pursuant to 441—subrule 41.25(11). 46.24(4) Failure to cooperate. Failure to cooperate in the investigation of alleged overpayments will result in ineligibility for the months in question and the overpayment will be the total amount of assistance received during those months. [ARC 9260C, IAB 5/14/25, effective 7/1/25]

recoupment amount will be the amount prescribed in subrule 46.25(3). Regardless of the source, the client may choose to make a lump sum payment, make periodic installment payments when an agreement to do this is made with the department of inspections, appeals, and licensing, or have repayment withheld from the grant. The client shall sign a form prescribed by the department when requested to do so by the department of inspections, appeals, and licensing. When the client fails to make the agreed upon payment, the agency will reduce the grant. 46.25(1) and 46.25(2) Reserved. 46.25(3) Basic needs. a. Recoupment by withholding from basic needs for overpayments due to client error or a combination of client and agency errors will be 10 percent of the basic needs standard in accordance with the schedule in 441—subrule 41.28(2). b. Recoupment by withholding from basic needs for overpayments due to the continuation of benefits pending a decision on an appeal as provided under 441—Chapter 2506 or a combination of continued benefits and agency or client errors will be 10 percent of the basic needs standard in accordance with the schedule in 441—subrule 41.28(2). Human Services[441] Ch 46, p.2 IAC 6/10/26 c. Recoupment by withholding from basic needs for overpayments due to agency error will be 1 percent of the basic needs standard in accordance with the schedule in 441—subrule 41.28(2). [ARC 9260C, IAB 5/14/25, effective 7/1/25; Editorial change: IAC Supplement 6/10/26] 441—46.26 Reserved.

46.27(1) Reserved. 46.27(2) Referral. When the department determines that an overpayment exists, the case will be referred to the department of inspections, appeals, and licensing for investigation, recoupment, or referral for possible prosecution. 46.27(3) Reserved. 46.27(4) Change of circumstances. When financial circumstances change, any agreement to pay a debt is subject to revision. 46.27(5) Collection. Recoupment for overpayments will be made from the parent or nonparental relative who was the caretaker relative, as defined in 441—subrule 41.22(3), at the time the overpayment occurred. When both parents were in the home at the time the overpayment occurred, both parents are equally responsible for repayment of the overpayment. 46.27(6) Suspension and waiver. Recoupment will be suspended on nonfraud overpayments when the case is canceled and the amount of the overpayment is less than $35. If the case is reopened within three years, recoupment is initiated again. Recoupment will be waived on nonfraud overpayments of less than $35 that have been held in suspense for three years. [ARC 9260C, IAB 5/14/25, effective 7/1/25] 441—46.28 Reserved.

court, or in an administrative hearing, of having made a fraudulent statement or representation of the person’s place of residence in order to receive assistance simultaneously from two or more states will be ineligible for assistance for ten years. For the purpose of this rule, the term “assistance” means assistance under Titles IV-A or XIX of the Social Security Act, as amended to December 31, 2024, or the Food Stamp Act of 1977, as amended to December 31, 2024, or benefits in two or more states under the Supplemental Security Income program under Title XVI. The ten-year period begins on the date the person is convicted. The prohibition does not apply to a convicted person who is pardoned by the President of the United States, beginning with the month after the pardon is given. [ARC 9260C, IAB 5/14/25, effective 7/1/25] These rules are intended to implement Iowa Code sections 239B.2, 239B.3, 239B.7, and 239B.14. [Filed 4/23/81, Notice 3/4/81—published 5/13/81, effective 8/1/81] [Filed emergency 9/25/81—published 10/14/81, effective 10/1/81] [Filed emergency 10/23/81—published 11/11/81, effective 11/1/81] [Filed 1/28/82, Notice 11/11/81—published 2/17/82, effective 4/1/82] [Filed emergency 5/21/82—published 6/9/82, effective 5/21/82] [Filed 6/15/82, Notice 3/17/82—published 7/7/82, effective 9/1/82] [Filed 7/30/82, Notice 5/26/82—published 8/18/82, effective 10/1/82] [Filed emergency 6/17/83—published 7/6/83, effective 7/1/83] [Filed emergency 11/18/83 after Notice 10/12/83—published 12/7/83, effective 1/1/84] [Filed 12/16/83, Notice 11/9/83—published 1/4/84, effective 2/8/84] [Filed without Notice 9/28/84—published 10/24/84, effective 12/1/84] [Filed emergency 1/21/85—published 2/13/85, effective 2/1/85] [Filed emergency after Notice 3/22/85, Notice 2/13/85—published 4/10/85, effective 4/1/85] [Filed 3/22/85, Notice 2/13/85—published 4/10/85, effective 6/1/85] [Filed 4/29/85, Notice 10/24/84—published 5/22/85, effective 7/1/85] [Filed 11/15/85, Notice 10/9/85—published 12/4/85, effective 2/1/86] Human Services[441] IAC 6/10/26 Ch 46, p.3 [Filed emergency 7/25/86 after Notice 6/4/86—published 8/13/86, effective 8/1/86] [Filed emergency 1/15/87—published 2/11/87, effective 1/15/87] [Filed 1/12/89, Notice 11/16/88—published 2/8/89, effective 4/1/89] [Filed 4/13/89, Notice 3/8/89—published 5/3/89, effective 7/1/89] [Filed 1/16/90, Notice 11/15/89—published 2/7/90, effective 4/1/90] [Filed emergency 9/17/93—published 10/13/93, effective 10/1/93] [Filed 12/16/93, Notice 10/13/93—published 1/5/94, effective 3/1/94] [Filed 8/12/94, Notice 7/6/94—published 8/31/94, effective 11/1/94] [Filed 8/15/96, Notice 5/8/96—published 9/11/96, effective 11/1/96] [Filed emergency 1/15/97—published 2/12/97, effective 3/1/97] [Filed 4/11/97, Notice 2/12/97—published 5/7/97, effective 7/1/97] [Filed 11/12/97, Notice 9/10/97—published 12/3/97, effective 2/1/98] [Filed 11/12/97, Notice 9/10/97—published 12/3/97, effective 3/1/98] [Filed 3/10/99, Notice 11/18/98—published 4/7/99, effective 6/1/99] [Filed 6/10/99, Notice 4/21/99—published 6/30/99, effective 9/1/99] [Filed 9/12/00, Notice 7/12/00—published 10/4/00, effective 12/1/00] [Filed 6/13/01, Notice 4/18/01—published 7/11/01, effective 9/1/01] [Filed emergency 11/14/01—published 12/12/01, effective 11/14/01] [Filed 2/14/02, Notice 12/12/01—published 3/6/02, effective 5/1/02] [Filed 10/20/06, Notice 8/30/06—published 11/8/06, effective 1/1/07] [Filed emergency 10/14/08 after Notice 8/27/08—published 11/5/08, effective 11/1/08] [Filed emergency 12/11/08 after Notice 10/8/08—published 1/14/09, effective 2/1/09] [Filed ARC 1207C (Notice ARC 1001C, IAB 9/4/13), IAB 12/11/13, effective 2/1/14] [Filed ARC 2272C (Notice ARC 2147C, IAB 9/16/15), IAB 12/9/15, effective 2/1/16] [Filed ARC 2812C (Notice ARC 2684C, IAB 8/17/16), IAB 11/9/16, effective 1/1/17] [Filed ARC 4973C (Notice ARC 4675C, IAB 9/25/19), IAB 3/11/20, effective 4/15/20] [Filed ARC 6496C (Notice ARC 6369C, IAB 6/15/22), IAB 9/7/22, effective 11/1/22] [Filed ARC 9260C (Notice ARC 8715C, IAB 1/8/25), IAB 5/14/25, effective 7/1/25] [Editorial change: IAC Supplement 6/10/26] Human Services[441] Ch 46, p.4 IAC 6/10/26

“Appropriate responsible administrator” means the administrator of the department of workforce development’s division of workforce development center administration, or the administrator’s designee. “Candidate” means anyone expressing an interest in the family self-sufficiency grants program. “Family” means “assistance unit” as defined in rule 441—40.21(239B). “Family investment program” or “FIP” means the cash grant program provided by 441—Chapters 40 and 41, designed to sustain Iowa families. “Family self-sufficiency grants” or “FSSG” means the payments made to specific PROMISE JOBS participants, to vendors on behalf of specific PROMISE JOBS participants, or for services to specific PROMISE JOBS participants. “Immediate, short-term assistance” means that assistance provided under this chapter will be authorized upon determination of need and that it will not occur on a regular basis. “Iowa workforce development” or “IWD” means the agency that develops and administers employment, placement and training services in Iowa and is contracted by the department to administer PROMISE JOBS services statewide. “IWD service delivery area” means the Iowa workforce development service delivery areas designated to provide PROMISE JOBS services. “Local plan for family self-sufficiency grants” means the written policies and procedures for administering the grants for families as set forth in the plan developed by the PROMISE JOBS IWD service delivery area as described in rule 441—47.26(239B). “Participant” means anyone receiving assistance under this chapter. “PROMISE JOBS contract” means the agreement between the department and Iowa workforce development regarding delivery of PROMISE JOBS services. “PROMISE JOBS participant” means any person receiving services through PROMISE JOBS. A PROMISE JOBS participant must be a member of an eligible FIP household. “Promoting independence and self-sufficiency through employment, job opportunities, and basic skills (PROMISE JOBS) program” means the department’s work and training program as described in 441—Chapter 93. [ARC 9261C, IAB 5/14/25, effective 7/1/25]

sufficiency grants program will be available statewide. 47.22(1) The program will be available for use by the IWD service delivery areas. Under the PROMISE JOBS contract, IWD shall allocate the funds available for authorization to each of the service delivery areas based on the allocation standards used for PROMISE JOBS service delivery purposes. 47.22(2) The department retains the funds that are released through the PROMISE JOBS expense allowance authorization system. [ARC 9261C, IAB 5/14/25, effective 7/1/25]

participants. Participation in the family self-sufficiency grants program is voluntary and will be based on an informed decision by the family. Further, candidates must have identifiable barriers to obtaining or retaining employment that can be substantially addressed through the assistance offered by family self-sufficiency grants. [ARC 9261C, IAB 5/14/25, effective 7/1/25] Human Services[441] IAC 6/10/26 Ch 47, p.1

will be authorized for removing an identified barrier to self-sufficiency when it can be reasonably anticipated that the assistance will enable PROMISE JOBS participant families to obtain or retain employment in the two full calendar months following the date of authorization of payment. For example, if a payment is authorized on August 20, it should be anticipated that the participant can find employment in September or October. 47.24(1) Employment does not occur. If employment does not occur in the anticipated two-calendar- month period or if the participant loses employment in spite of the self-sufficiency grant, no penalty is incurred and no overpayment has occurred. 47.24(2) Types of assistance. The department, in conjunction with IWD, will determine those barriers to self-sufficiency that can be considered for family self-sufficiency grants such as but not limited to auto maintenance or repair, licensing fees, child care, and referral to other resources, including those necessary to address questions of domestic violence. The IWD service delivery areas will have the opportunity to adjust the list of approvable barriers to self-sufficiency based on local resources and circumstances. These adjustments will be approved by the department and the appropriate responsible administrator prior to implementation. 47.24(3) Limit on assistance. The total payment limit per FIA-responsible person is $1,000 per year. A year for a family will be the 12 fiscal months following the date of authorization of the initial payment for the family. A fiscal month begins and ends in different calendar months. 47.24(4) Frequency of assistance. Family self-sufficiency grants are intended to provide immediate and short-term assistance and must meet the criteria in this rule. While a family may be a candidate more than once and may receive payments in consecutive months in some circumstances, payments will not be established as regular or ongoing. 47.24(5) Supplanting. Family self-sufficiency grants will not be used for services already available through the department, PROMISE JOBS, or other local resources at no cost. 47.24(6) Relationship to the family investment agreement. Family self-sufficiency grants are separate from the PROMISE JOBS family investment agreement process. While the family investment agreement must be honored at all times and renegotiated and amended if family circumstances require it, no family will be considered to be choosing the limited benefit plan if the family chooses not to participate in the family self-sufficiency grant program. 47.24(7) Issuing payments. Family self-sufficiency grants are PROMISE JOBS benefits and will be authorized through the PROMISE JOBS expense allowance system. Payments may be issued to the participants or to a vendor for support services provided to the family. The department in conjunction with the appropriate responsible administrator will have discretion in determining method of payment. The IWD service delivery area will have the opportunity to adjust these payment options in an individual case based on circumstances and needs of the family with the approval of the department and the appropriate responsible administrator prior to implementation. [ARC 9261C, IAB 5/14/25, effective 7/1/25]

47.25(1) Application elements. Each IWD service delivery area shall use the established application form to be completed by the PROMISE JOBS participant and the PROMISE JOBS worker when the participant asks to be a candidate for a family self-sufficiency grant. The application form must contain the following elements: a. An explanation of family self-sufficiency grants and the expectations of the program. b. Identification of the family and the person representing the family. c. A clear description of the barrier to self-sufficiency to be considered. d. Demonstration of how removing the barrier is related to obtaining or retaining employment, meeting the criteria in rule 441—47.24(239B). e. Demonstration of why the department, PROMISE JOBS, or community resources cannot deal with the barrier to self-sufficiency. f. Anticipated cost of removing the barrier to self-sufficiency. Human Services[441] Ch 47, p.2 IAC 6/10/26 47.25(2) Notification process. PROMISE JOBS shall use a form prescribed by the department to notify the candidate of the PROMISE JOBS decision regarding the family self-sufficiency grant. Decisions shall be in accordance with policies of this chapter and the local plan. a. On approval, the form shall indicate the amount of the benefit that will be issued to the candidate or paid to a vendor, or the service that will be provided to the family. b. On denial, the form shall indicate the reason for denial. 47.25(3) Appealable actions. The PROMISE JOBS decisions on family self-sufficiency grants may be appealed pursuant to 441—Chapter 2506. Copies of the local plan as described in rule 441—47.26(239B) shall be included with the appeal summary. 47.25(4) Nonappealable actions. PROMISE JOBS participants will not be entitled to an appeal hearing if the sole basis for denying, terminating or limiting assistance from family self-sufficiency grants is that self-sufficiency grant funds have been reduced, exhausted, eliminated, or otherwise encumbered. [ARC 9261C, IAB 5/14/25, effective 7/1/25; Editorial change: IAC Supplement 6/10/26]

area shall create and provide to the department the written policies and procedures for administering family self-sufficiency grants. The plan will be reviewed for required elements and quality of service to ensure that it meets the purpose of the program and approved by the department and the appropriate responsible administrator. The written policies and procedures shall be available to the public at county offices and PROMISE JOBS offices. At a minimum, these policies and procedures shall contain or address the following: 47.26(1) A plan overview. The plan overview shall contain a general description detailing: a. Any types of services or assistance that will be excluded from consideration for family self- sufficiency grants by the IWD service delivery area. b. How determinations will be made that the service or assistance requested meets the program’s objective of helping the family obtain or retain employment. c. How determinations will be made that the proposed family self-sufficiency grant is not supplanting as required in subrule 47.24(5). d. Services established and any maximum (and minimum, if any) values of payments of the services established by the IWD service delivery area. e. Verification procedures or standards for documenting barriers, using written notification policies found in rule 441—93.10(239B). f. Verification procedures or standards for documenting employment attempts if not already tracked by PROMISE JOBS procedures, using policies found in rule 441—93.10(239B). g. How applications will be processed timely to address barriers to obtaining or retaining employment. h. Follow-up procedures on participant effort. i. Procedures for tracking of family self-sufficiency grant authorizations in order to stay within the amount allocated. j. How staff will be trained to administer the program. 47.26(2) Intake and eligibility determination. The policies and procedures shall describe: a. How families most likely to benefit from self-sufficiency grant assistance are identified. b. How families can apply for self-sufficiency grant assistance. c. How families will be informed of the availability of self-sufficiency grant assistance, its voluntary nature, and how the program works. [ARC 9261C, IAB 5/14/25, effective 7/1/25]

IWD, will develop an evaluation plan. The evaluation plan will: 1. Describe tracking procedures. 2. Describe the plan for evaluation. 3. Describe how measurable results will be determined. 4. Identify any support needed to conduct an evaluation. Human Services[441] IAC 6/10/26 Ch 47, p.3 [ARC 9261C, IAB 5/14/25, effective 7/1/25]

the funds were awarded was not purchased, a duplicate payment was issued or when, according to receipts, the item(s) purchased costs less than the funds received. For purposes of overpayment and recovery, an FSSG payment is considered a PROMISE JOBS expense payment and is subject to rule 441—93.12(239B), recovery of PROMISE JOBS expense payments. [ARC 9261C, IAB 5/14/25, effective 7/1/25] These rules are intended to implement Iowa Code sections 234.6 and 239B.11. [Filed emergency 9/16/97—published 10/8/97, effective 10/1/97] [Filed 12/10/97, Notice 10/8/97—published 12/31/97, effective 3/1/98] [Filed 4/15/99, Notice 2/10/99—published 5/5/99, effective 7/1/99] [Filed 10/11/00, Notice 8/23/00—published 11/1/00, effective 1/1/01] [Filed emergency 11/19/03 after Notice 10/1/03—published 12/10/03, effective 1/1/04] [Filed 12/15/08, Notice 10/22/08—published 1/14/09, effective 3/1/09] [Filed ARC 8259B (Notice ARC 8064B, IAB 8/26/09), IAB 11/4/09, effective 12/9/09] [Filed ARC 9172B (Notice ARC 9019B, IAB 8/25/10), IAB 11/3/10, effective 1/1/11] [Filed ARC 9350B (Notice ARC 9225B, IAB 11/17/10), IAB 2/9/11, effective 4/1/11] [Filed ARC 1147C (Notice ARC 0913C, IAB 8/7/13), IAB 10/30/13, effective 1/1/14] [Filed ARC 6440C (Notice ARC 6327C, IAB 5/18/22), IAB 8/10/22, effective 10/1/22] [Filed ARC 9261C (Notice ARC 8717C, IAB 1/8/25), IAB 5/14/25, effective 7/1/25] [Editorial change: IAC Supplement 6/10/26] Human Services[441] Ch 47, p.4 IAC 6/10/26

“Applicant” means a child for whom assistance is being requested under the family investment program, any parent living in the home with the child, and any nonparental relative as defined in 441—subrule 41.22(3) who is requesting assistance for the child. “FaDSS” means the family development and self-sufficiency program operated under 441—Chapter 49, which provides in-home family development services to families at risk of instability or long-term FIP dependency. “Family investment agreement” or “FIA” means the agreement developed with a participant in accordance with Iowa Code section 239B.8. “FIA-responsible person” means any member of the FIP applicant family unless exempt as described in 441—subrule 41.24(2). More information is contained in subrule 93.4(2). “FIP” means the family investment program authorized in Iowa Code chapter 239B. “Limited benefit plan” or “LBP” means a period of time in which a participant or member of a participant’s family is either ineligible for any assistance under the FIP or eligible for reduced assistance in accordance with Iowa Code section 239B.9. “Needy specified relative” means a nonparental specified relative as defined in 441—subrule 41.22(3) who meets all the eligibility requirements to be included in the FIP. “Participant” for purposes of the PROMISE JOBS program means a person who has signed an FIA and is approved to receive FIP benefits, a parent or relative living in the home of a child approved to receive FIP benefits, or a person reconsidering a subsequent LBP. “PROMISE JOBS program” means the promoting independence and self-sufficiency through employment, job opportunities, and basic skills program created in Iowa Code section 239B.17. “TANF” means Title I Block Grants for Temporary Assistance for Needy Families (PL 109-171) (reauthorized 2006 and as amended to August 1, 2024). [ARC 9281C, IAB 5/14/25, effective 7/1/25]

program known as PROMISE JOBS. 93.2(1) Availability of service. PROMISE JOBS services shall include but are not limited to those listed in paragraph 93.4(4)“b.” a. The program shall be available statewide. If the department determines that sufficient funds are not available to offer services on location in each county, the department will prioritize the availability of services to those counties having the largest FIP populations. b. Because of state and federal budgetary limitations, federal mandatory work requirements, requirements for minimum participation rates, and other TANF requirements imposed on the PROMISE JOBS program, the department will have the administrative authority to: (1) Determine agency and geographical breakdowns for service; (2) Designate specific groups for priority services; and (3) Designate specific PROMISE JOBS components or supportive service levels for a waiting list. 93.2(2) Contracts with provider agencies. The department may contract with the department of workforce development, the department of economic development, or other appropriate entity to provide PROMISE JOBS services and case management of those services. [ARC 9281C, IAB 5/14/25, effective 7/1/25] Human Services[441] IAC 6/10/26 Ch 93, p.1

93.3(1) Registration for PROMISE JOBS. Unless the department determines a person is exempt as specified in 441—subrule 41.24(2), an application for FIP assistance constitutes a registration for the PROMISE JOBS program and acceptance of the requirement to enter into an FIA for all members of the FIP case and all other persons responsible for the FIA as specified in rule 441—41.24(239B). 93.3(2) Referral. The department will refer all FIA-responsible persons from FIP applicant and participant households to PROMISE JOBS pursuant to 441—subrule 41.24(4). 93.3(3) Initial appointment. a. FIP applicants. FIP applicants, including those who are in an LBP, will be offered an appointment with the PROMISE JOBS provider agency for orientation, assessment, and FIA development at the earliest available time. The provider agency shall make sufficient appointment times available to allow the applicant to be scheduled no later than ten calendar days after the date of the notice that FIA responsibility has begun as required by rule 441—93.4(239B), 441—paragraphs 41.24(1)“c” and “d,” and 441—paragraph 41.24(10)“g.” b. Exempt status change. Persons who become FIA-responsible while receiving FIP shall initiate PROMISE JOBS orientation and FIA development by contacting the appropriate PROMISE JOBS office to schedule an appointment within ten calendar days of the mailing date of the letter explaining that exempt status has been lost and FIA responsibility has begun as required by 441—subrule 41.24(5). If the person fails to schedule an appointment or fails to appear for an appointment, PROMISE JOBS shall send one written reminder letter that informs the person that those who do not develop an FIA shall enter into an LBP. If the person fails to schedule an appointment within ten calendar days of the written reminder letter or fails to appear for an appointment scheduled after the written reminder letter is sent, the person shall enter into an LBP as described in 441—paragraph 41.24(8)“c.” 93.3(4) Orientation. Every person referred to PROMISE JOBS shall receive orientation services. PROMISE JOBS workers shall provide FIA orientation. a. During orientation, each applicant shall receive a full explanation of: (1) The advantages of employment under the family investment program (FIP), including information on earned income tax credits; (2) Services available under PROMISE JOBS; (3) Participant rights and responsibilities under the FIA and PROMISE JOBS; (4) The LBP as described in 441—subrule 41.24(8); (5) The availability of family planning counseling services in the area and the financial implications of newly born children on the participant’s family. b. Each applicant shall receive a form prescribed by the department, confirming that information described in paragraph 93.3(4)“a” has been provided. 93.3(5) Initial meeting. The PROMISE JOBS worker shall meet with each referred person, or with the family if another parent or a child is also referred to PROMISE JOBS, to: a. Determine participation activities, b. Establish expenses and a schedule for supportive payments, and c. Discuss child care needs. 93.3(6) Workforce development registration. Each applicant is required to register for work with the department of workforce development, upon request by the PROMISE JOBS worker. [ARC 9281C, IAB 5/14/25, effective 7/1/25]

eligibility requirement for the FIP as specified in rule 441—41.24(239B). 93.4(1) Development. An initial FIA shall be developed during the orientation and assessment process through discussion between the FIA-responsible person and the PROMISE JOBS worker. For the FIA to be considered completed, an FIA shall be signed by all of the following: a. The FIA-responsible person or persons. b. Other family members who are referred to PROMISE JOBS. c. The PROMISE JOBS worker. d. The PROMISE JOBS supervisor. Human Services[441] Ch 93, p.2 IAC 6/10/26 93.4(2) FIA-responsible persons. All members of the FIP applicant family shall develop and sign an FIA unless exempt as described in 441—subrule 41.24(2). When an FIA-responsible person is incompetent or incapacitated, someone acting responsibly on that person’s behalf may participate in the interview. Responsibility for carrying out the steps of the FIA ends at the point that FIP assistance is not provided to the participant or when a participant becomes exempt. a. Parents. All parents who are not exempt from PROMISE JOBS shall be responsible for signing and carrying out the activities of the FIA. Parents of any age are exempt only if they are receiving Supplemental Security Income (SSI) or they are not U.S. citizens and are not qualified aliens as defined in rule 441—40.21(239B). When the FIP-eligible group includes a minor parent living with one or both parents or a needy specified relative who receives FIP as described in 441—subparagraph 41.28(2)“b” (2) and none is exempt from PROMISE JOBS participation, each parent or needy specified relative is responsible for a separate FIA. b. Teens. Participants aged 16 to the participants’ nineteenth birthday shall be responsible for signing and carrying out the activities of the FIA unless they are receiving SSI or they attend school full-time. (1) When the FIP-eligible group includes one or both parents or a needy specified relative and a child or children and none is exempt from PROMISE JOBS participation, all shall be asked to sign one FIA with the family and to carry out the activities of that FIA rather than signing separate FIAs. (2) When the FIP-eligible group includes one or both parents or a needy specified relative who is exempt from PROMISE JOBS participation and a child or children who are not exempt, each child is responsible for completing a separate FIA. (3) A minor nonparental specified relative who is not exempt and whose needs are included in the FIP grant shall be responsible for signing and carrying out the activities of the FIA. c. Other adults. All other adults who are not exempt and whose needs are included in the FIP grant shall be responsible for signing and carrying out the activities of the FIA. 93.4(3) FIA content. The FIA shall include the goals of the family for achieving self-sufficiency and shall establish a time frame with a specific ending date, during which the family expects to become self- sufficient and after which FIP benefits will be terminated. For individuals and families with acknowledged barriers, one or more incremental FIAs may be written. a. All FIAs shall: (1) Outline the expectations of the PROMISE JOBS program and of the family; (2) Clearly establish interim goals and FIA activities necessary to reach long-term goals and self- sufficiency; (3) Identify barriers to participation so that the FIA may include a plan, appropriate referrals, and supportive services necessary to eliminate or manage the barriers; (4) Stipulate specific services to be provided by the PROMISE JOBS program, including child care assistance, transportation assistance, family development services, and other supportive services; (5) Include the participant’s responsibility to provide verification of hours of participation, and how and when the verification will be submitted; (6) Record a participant’s response to the option of referral for family planning counseling as described in subrule 93.9(3). b. Plans from other agencies. The FIA may incorporate a self-sufficiency plan that the family has developed with another agency or person, subject to the following requirements: (1) The participant shall authorize PROMISE JOBS to obtain the self-sufficiency plan and to arrange coordination with the manager of the self-sufficiency plan by signing a release of information prescribed by the department. (2) The self-sufficiency plan may be included in the participant’s FIA if the self-sufficiency plan meets the requirements of this chapter and is deemed by the PROMISE JOBS worker to be appropriate to the family circumstances. 93.4(4) Participation requirements. The FIA shall require the FIA-responsible persons and family members who are referred to PROMISE JOBS to choose participation in one or more activities as described in this subrule. Human Services[441] IAC 6/10/26 Ch 93, p.3 a. Goals. It is expected that employment leading to economic self-sufficiency is the eventual goal of the FIA. (1) To the maximum extent possible, the FIA shall reflect the goals of the family, subject to program rules; funding; the capability, experience, and aptitudes of family members; and the potential market for the job skills currently possessed or to be developed. (2) The program goal for all participants is to be involved in PROMISE JOBS activities on a full-time basis unless problems or barriers prohibit this level of involvement. “Full-time” is considered an average of at least 30 hours per week. Exceptions to full-time involvement are identified in rule 441—93.14(239B) and subrule 93.4(5). b. Activities. Except as specified in 441—paragraph 93.4(4)“c,” PROMISE JOBS activities may include but are not limited to any combination of the following activities: (1) Orientation as described in subrule 93.3(4). (2) Assessment as described in rule 441—93.5(239B). (3) Job readiness and job search activities, including job readiness skills training and other activities that prepare a participant to search for or obtain employment, individual and structured job search, unplanned job opportunities, mental health treatment, substance use disorder treatment, or other rehabilitative activities, as described in rule 441—93.6(239B). (4) Work activities, including part-time or full-time employment, self-employment, on-the-job training, work experience placement, or unpaid community service as described in 441—93.7(239B). (5) Educational activities, including high school completion, high school equivalency diploma (HSED) certification, adult basic education (ABE), English as a second language (ESL) training, vocational training, or postsecondary training up to and including a baccalaureate degree as described in 441—93.8(239B). (6) Parenting skills training as described in subrule 93.9(1). (7) Participation in the FaDSS program or other family development programs as described in subrule 93.9(2). (8) Referral for family planning counseling as described in subrule 93.9(3). (9) Family violence option as described in subparagraph 93.4(5)“b”(4). (10) Services provided by other agencies. c. FIA activities for participants aged 16 to 19. Development of FIA activities shall follow these guidelines for participants aged 16 to 19. (1) Participants aged 16 to 19 who are not parents and who have not completed high school shall be strongly encouraged to participate in educational activities to obtain a high school diploma or the equivalent. A high school education is recognized as important to achieving self-sufficiency. Participants shall be given information on the earning power of people with a high school education compared to those who do not so that participants are able to make an informed choice. If high school or high school equivalency completion is not included in a teenager’s FIA, other FIA activities shall be required. High school or high school equivalency completion shall be proposed and reconsidered at the next FIA review. (2) Parents under the age of 18 who are not married and who have not completed high school shall be expected to use enrollment or continued attendance in high school or involvement in a high school equivalency program as a first step in the FIA, except when the parent is deemed incapable of participating in these activities by the local education agency. (3) Parents aged 19 and younger shall include parenting skills training as described in subrule 93.9(1) in their FIA, or the case file shall include documentation that this requirement has been fulfilled. (4) Parents under the age of 18 who are not married and who do not live with a parent or legal guardian shall include FaDSS, as described in 441—Chapter 49, or other family development services as described in subrule 93.9(2) in the FIA. The FaDSS or other family development services shall continue after the parent reaches the age of 18 only when the participant and the family development worker believe that the services are needed for the family to reach self-sufficiency. d. FIA activities for participants convicted of a drug-related felony after August 22, 1996. A participant convicted of a drug-related felony after August 22, 1996, shall include drug rehabilitation Human Services[441] Ch 93, p.4 IAC 6/10/26 activities in the participant’s FIA to verify that the participant does not illegally possess, use, or distribute a controlled substance except when: (1) The participant successfully completed any applicable drug rehabilitation and court-ordered probation or parole resulting from the drug felony conviction, or (2) The participant is currently on probation or parole and successfully completed all drug rehabilitation requirements resulting from the drug felony conviction, whether court-ordered or required by probation or parole. e. Waiting lists. The department of health and human services reserves the authority to prioritize services to FIP applicants and participants in the order that best fits the needs of FIP applicants and recipients and PROMISE JOBS program participants. Participants who are placed on a waiting list for a PROMISE JOBS component shall include other appropriate activities in the FIA while waiting unless family circumstances indicate otherwise. (1) Persons shall be removed from these waiting lists and placed in components at the discretion of state-level PROMISE JOBS administrators in order to help participants achieve self-sufficiency in the shortest possible time, meet budgetary limitations, enable participants to make maximum use of other programs, fulfill the federal minimum participation rate requirements, and meet other TANF requirements. (2) Persons who were enrolled in approved postsecondary training at the time of FIP cancellation shall not be placed on a postsecondary training waiting list if the participant is still satisfactorily participating in approvable training at the time that FIP eligibility is regained. f. Unavailability of funding. If funding for the PROMISE JOBS activities included in a participant’s FIA or required supportive payments are not available, the participant’s FIA shall be renegotiated to include different activities. 93.4(5) Barriers to participation. Problems with participation of a permanent or long-term nature shall be considered barriers to participation and shall be identified in the FIA as issues to be resolved or managed so that maximum participation can result. a. Barriers defined. Barriers to participation include anything identified by an FIA-responsible person that prevents them from fully participating in PROMISE JOBS. b. Inclusion in FIA. (1) When barriers are identified by the applicant during initial assessment, removal or management of the barrier shall be part of the FIA from the beginning. (2) When barriers are revealed by the participant or are identified by problems that develop after the FIA is signed, the FIA shall be renegotiated and amended to provide for removal or management of the barriers. (3) In limited instances where special-needs care for a child or adult is not available, it may be most practical for the participant to develop the FIA to identify providing the care as part of the FIA. (4) Victims of domestic violence may include in their FIA the family violence option, which is a plan to address or attempt to prevent domestic violence. The family violence option may allow for a temporary waiver from participation in PROMISE JOBS activities when appropriate for the participant or participant’s situation. (5) The PROMISE JOBS worker shall review the need for inclusion of a barrier to participation in the FIA at least once every six months to determine if the barrier continues to exist. c. Cooperation with removing or managing barriers. (1) Applicants. An FIA-responsible applicant who chooses not to cooperate in removing or managing barriers to participation identified during FIA development shall be denied FIP. (2) Participants. A participant who chooses not to cooperate in removing or managing identified barriers to participation shall be considered to have chosen the LBP. If the participant claims a cognitive or physical disability or mental illness that is expected to last for more than 12 consecutive months, the participant is required to apply for social security disability and supplemental security income benefits. When the participant refuses to apply for those benefits, the FIP household is ineligible for FIP as described at 441—subrule 41.27(1), and the LBP does not apply. 93.4(6) Failure to complete an FIA. Human Services[441] IAC 6/10/26 Ch 93, p.5 a. FIP applicants. An applicant’s failure to develop or sign an FIA will result in denial of the family’s application for FIP assistance as described in 441—paragraphs 41.24(4)“a” through “c.” b. FIP participants. FIP participants who choose not to enter into an FIA or who choose not to continue its activities after signing an FIA shall enter into the LBP as described in 441—subrule 41.24(8). 93.4(7) Progress reviews. The PROMISE JOBS worker shall review all FIAs at least once every six months with input from at least one family member. FIA goals and, if appropriate, the needs for child care, transportation, and other supports shall be reviewed for continued appropriateness. 93.4(8) Renegotiation. a. The FIA shall be renegotiated to reflect a new plan for self-sufficiency if: (1) The participant has participated satisfactorily in the current FIA activities but is not self-sufficient by the end date specified in the FIA; or (2) The participant demonstrates effort in carrying out the steps of the FIA but is unable to participate satisfactorily in the current FIA activities due to a barrier as described in subrule 93.4(5); or (3) The participant’s circumstances change to such an extent that the current FIA activities are no longer appropriate. b. Participants who choose not to cooperate in the renegotiation process when requested by PROMISE JOBS shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. 93.4(9) Reinstatement. When a participant who has signed an FIA loses FIP eligibility and has not become exempt from PROMISE JOBS at the time of FIP reapplication, the contents of the original FIA and the participant’s responsibility for carrying out the steps of that FIA may be reinstated when the steps of the FIA fit the family’s current circumstances. The FIA shall be renegotiated and amended if needed to accommodate changed family circumstances. [ARC 9281C, IAB 5/14/25, effective 7/1/25]

or participant family that furnishes a basis for the PROMISE JOBS worker to determine: (1) family members’ employability and educational potential, so that participants can make well-informed choices; and (2) the services that will be needed for the family to achieve self-sufficiency, so that the worker can provide appropriate guidance. 93.5(1) Initial assessment. All persons referred to PROMISE JOBS shall complete an initial assessment, which includes a form prescribed by the department and shall review, at a minimum, the family’s basic needs as determined by the department. This initial assessment shall be used to develop the initial FIA. The PROMISE JOBS worker shall meet individually with FIA-responsible persons. 93.5(2) Additional assessments. Additional assessments may include but are not limited to literacy and aptitude testing, educational level and basic skills assessment, evaluation of job interests or job skills, occupation-specific assessment or testing, or an evaluation of past pertinent information. An additional assessment may be used by mutual agreement between the PROMISE JOBS worker and the participant as a tool and to help explore possible FIA development. For a specific additional assessment to be required, completion of the assessment must be specified in the FIA. a. Additional information on applicants. If information identified during the initial assessment indicates that further information is needed to help the participant and PROMISE JOBS worker identify appropriate FIA activities and level of involvement, the applicant shall complete additional assessments as determined by the PROMISE JOBS worker. Completion of this assessment may be the first step in the initial FIA. b. Medical examination. The PROMISE JOBS worker may require a person to complete a medical examination before including a particular PROMISE JOBS activity in the FIA when a participant specifies or exhibits any condition that might jeopardize successful participation in the program. The worker shall ask the health practitioner to indicate to the best of the practitioner’s knowledge whether the person is capable of completing the FIA activity or continuing with appropriate employment. c. Rehabilitation assessments. At any time during the assessment process or as more information is revealed, a referral may be made for professional assessments in physical health, mental health, substance use disorder, or other rehabilitative services. Human Services[441] Ch 93, p.6 IAC 6/10/26 d. Additional information on participants. Assessments may be completed or redone at any time throughout the development and duration of the FIA if the information is needed to help the participant and the PROMISE JOBS worker make decisions concerning the type or level of the participant’s involvement in PROMISE JOBS activities. 93.5(3) Postsecondary educational evaluation. Participants who wish to include postsecondary education in their FIA shall complete an educational evaluation to determine the likelihood of success. a. Request for education resulting in a vocational certificate or certificate of completion. Vocational certificate or certification of completion training programs offer short-term training in a specific vocational area. The PROMISE JOBS worker shall determine the likelihood of success using the following types of tools or information: (1) A review of information from past training situations, (2) Past job performance in comparable positions, (3) Basic skills tests, (4) Career-specific assessments, (5) A specific standardized test, or (6) Other key historical information. b. Request for education resulting in an associate or baccalaureate degree. The PROMISE JOBS worker shall determine the likelihood of academic success through an educational evaluation. The evaluation may include use of the following types of tools or information: (1) Standardized assessments in reading comprehension, math, and writing skills; (2) Occupation-specific skills assessments; (3) Interest inventories; (4) Current or past grades; and (5) Other pertinent historical information. c. Documenting educational evaluation results. When a participant has requested education to be included in the FIA, the PROMISE JOBS worker shall document: (1) What formal assessments were completed, if any, and what the results were; (2) What other information was reviewed; (3) How the evaluation information was used by the PROMISE JOBS worker in either approving or denying the inclusion of education in the participant’s FIA; and (4) Whether the request is approved or denied. If the request is denied, PROMISE JOBS shall issue a Notice of Decision: Services to the participant as required in paragraph 93.10(1)“b.” 93.5(4) Substituting or supplementing an assessment. a. Substituting assessment information. If the FIA-responsible person’s mental status, physical status, and life situation have not changed significantly, comparable assessment information completed with another agency or person within the past two years may be used instead of performing new assessments. (1) Examples of agencies or persons that may complete comparable assessment information include but are not limited to the department of workforce development, Head Start, public housing authorities, child welfare workers, vocational rehabilitation services, an educational institution or testing service, or family development services. (2) The FIA-responsible person may authorize PROMISE JOBS to obtain these assessment results by signing a release of information prescribed by the department. b. Supplementing assessment information. In order to ensure that the FIA activities do not conflict with any case plans that have already been established for the family, the FIA-responsible person may: (1) Supplement assessment information, and (2) Establish communication between the PROMISE JOBS worker and other agencies or persons. c. Use of key historical information. When key historical information, such as a review of the participant’s job history or past training outcomes, relays a clear picture of the participant’s skills and abilities, a formal, standardized educational assessment may not be needed. (1) If a participant is currently enrolled in or has been enrolled in comparable training or an academic program in the past two years, the evaluation of the participant’s performance, including grades received, may be substituted for a formal, standardized educational assessment. Human Services[441] IAC 6/10/26 Ch 93, p.7 (2) When using historical information as an indicator of future success, changes in the participant’s mental status, physical status, life circumstances, and motivation shall be given consideration. 93.5(5) Assessment after FIP cancellation or LBP. FIP participants who previously participated in either a basic or additional assessment and then were canceled from FIP or entered an LBP may be required to complete an assessment again when the PROMISE JOBS worker determines that updated information is needed for development or amendment of the FIA. 93.5(6) Participants with FaDSS services only. For participants with FaDSS services as the only activity in their FIA, the PROMISE JOBS worker shall use information provided by the FaDSS worker to help assess when a participant is ready to participate in other PROMISE JOBS activities. The PROMISE JOBS worker may require additional assessments to be completed if more information is needed to decide the type or level of the participant’s involvement in other PROMISE JOBS activities. 93.5(7) Documenting participation. The participant shall provide documentation of participation in assessments as described in subrule 93.10(2). Persons who miss any portion of a scheduled assessment may be required to make up the missed portion, based on worker judgment and participant needs. 93.5(8) Supportive payments allowed. Except for assessment activities that occur on the same day as orientation, persons participating in assessment activities are eligible for child care assistance and transportation payments needed to allow the scheduled participation as described in rule 441—93.11(239B). When make-up sessions are required, the participant shall not receive an additional transportation payment, but necessary child care assistance shall be paid. 93.5(9) Failure to complete assessment. Participants who do not complete assessments that are written into their FIA shall be considered to have chosen the LBP unless they have good cause. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. [ARC 9281C, IAB 5/14/25, effective 7/1/25]

include job readiness skills training and other activities that prepare a participant to search for or obtain employment, individual and structured job search, unplanned job opportunities, substance use disorder treatment, mental health treatment, and other rehabilitation activities. The participant and the PROMISE JOBS worker shall incorporate into the FIA the job readiness and job search activities that are appropriate for the goals, work history, skill level, and life circumstances of the participant. 93.6(1) Job readiness. Job readiness prepares participants to search for or obtain employment. Job readiness consists of job readiness skills training and other activities completed outside of a training session that prepare a participant to search for or obtain employment. a. Delivery of job readiness skills training. Job readiness skills training is provided in scheduled sessions consisting of up to 30 hours of structured activity per week. b. Job readiness skills training. Job readiness skills training may include but is not limited to: (1) Interests and skills assessment; (2) Self-esteem building and motivational exercises; (3) Identifying and eliminating employment barriers; (4) Résumé development; (5) Completing job applications and follow-up letters; (6) Obtaining interviews and communication skills; (7) Interviewing skills development; (8) Goal attainment planning; (9) Soft skills and life skills; (10) Job market trends and finding job leads; (11) Self-marketing and positive attitude building; and (12) Job retention skills. c. Other job readiness activities. Job readiness may include activities that prepare the participant to search for or obtain employment and are completed outside of a training session. d. Attendance. Attendance is required when a participant is scheduled for job readiness skills training or other job readiness activities unless the participant has good cause as described in rule 441—93.14(239B) or a barrier as described in subrule 93.4(5). Participants who miss any portion of job Human Services[441] Ch 93, p.8 IAC 6/10/26 readiness skills training may be required to either make up the missed portion of the sessions or to retake the entire week of training based on practical worker judgment and participant need. e. Supportive payments allowed. Child care assistance and transportation payments shall be provided as described in rule 441—93.11(239B) when needed to participate in job readiness skills training or other job readiness activities. The transportation payment shall be paid before the first scheduled day of participation. (1) Participants who must repeat or make up any portion of job readiness skills training because of absence due to reasons as described in rule 441—93.14(239B) shall receive an additional transportation payment as described in subrule 93.11(3) for each day that must be repeated and child care assistance. This rule applies only when the participant will have transportation costs that exceed the participant’s original payment because of repeating or making up a portion of job readiness skills training. (2) Participants who must repeat or make up any portion of job readiness skills training as a result of absences due to reasons other than those described at rule 441—93.14(239B) shall not receive an additional transportation payment. f. Documenting job readiness skills training or other job readiness participation. Hours of participation in job readiness skills training or other job readiness activities shall be documented as described in subrule 93.10(2). g. Failure to participate in job readiness skills training activities. Participants who without good cause do not appear for scheduled job readiness skills training activities as stated in the FIA shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. 93.6(2) Individual job search. Individual job search shall be available to all participants, particularly those who have recent ties with the workforce, have successfully removed or reduced barriers to work, have completed job readiness skills training, or have completed education or training activities and are now ready to work. Participants are not required to participate in individual job search full-time. Individual job search may be combined with other FIA activities to reach full-time equivalency. Hours of participation in individual job search shall be determined according to the participant’s individual circumstances and be at a level that will reasonably allow the participant to successfully find full-time employment. If after three calendar months the participant still has not found employment, the worker shall review the participant’s situation for possible barriers to employment or possible need for training to increase the participant’s employability. Job search may continue if appropriate, but linking with other activities should be considered. a. Job search plan. A written job search plan using a form prescribed by the department shall be developed with input from the PROMISE JOBS participant and the PROMISE JOBS worker. A copy shall be provided to the participant. The plan shall: (1) Contain a designated period for job search not to exceed five weeks ending on a Friday within the same calendar month and the specific methods for finding job openings. (2) Specify the number of hours to be committed for each week of the designated period so as to provide the most effective use of transportation funds. (3) Specify due dates for providing documentation of job search activities. (4) Contain information as specific as possible about areas of employment interest, employers to be contacted, and other pertinent factors. b. Supportive payments allowed. Child care assistance and transportation payments shall be provided as described in rule 441—93.11(239B) when needed for participation in an individual job search. The transportation payment shall be paid in full prior to the start of each designated period of the individual job search. Transportation payments for any missed days of job search activity shall be subject to transportation overpayment policies as described in subrule 93.11(3). c. Documenting job search participation. The participant shall document the actual hours spent on job contacts and other job search activities. Participant documentation shall be provided as described in subrule 93.10(2). d. Failure to participate in individual job search. Participants who without good cause do not participate in the steps of the job search plan described at paragraph 93.6(2)“a” shall be considered to have Human Services[441] IAC 6/10/26 Ch 93, p.9 chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. 93.6(3) Unplanned job opportunity. PROMISE JOBS participants who have an unplanned opportunity to interview or apply for a job shall be encouraged to take advantage of the opportunity. a. Supportive payments allowed. Child care assistance and transportation payments needed to make an unplanned job contact shall be provided as described in rule 441—93.11(239B) when the following conditions are met: (1) The participant has a signed FIA, (2) The job contact requires transportation to complete an application or to attend an interview, and (3) The participant provides documentation as described in paragraph 93.6(3)“b.” Payment shall be issued after documentation is received. b. Documenting participation. The participant shall provide documentation of the actual time spent making the specific job contact. Documentation shall be provided as described in subrule 93.10(2). c. LBP. An LBP does not apply when a participant fails to complete a job contact that is not part of a structured or individual job search plan. 93.6(4) Structured job search. Structured job search is designed with scheduled activities and required hours of participation to reflect proven job search techniques and the employment environment of the PROMISE JOBS service area. A PROMISE JOBS worker is available to monitor the participant’s progress in the participant’s job search and to provide assistance and support. Structured job search provides up to 30 hours of scheduled activity. Hours of participation in structured job search shall be determined according to the participant’s individual circumstance and may be full-time or at a level that will reasonably allow the participant to successfully find full-time employment. a. Attendance. Participants are scheduled to appear daily at the PROMISE JOBS site to access resources for job leads. Participants who miss any portion of scheduled structured job search may be required to either make up the missed portion of the session or to retake the entire week of training based on practical worker judgment and participant need. (1) Participants who obtain employment averaging 30 hours or more per week may discontinue structured job search. (2) Participants who obtain employment averaging 20 hours or more per week, but less than 30 hours per week, may discontinue structured job search if part-time employment was the FIA goal or the scheduled job search hours conflict with the scheduled hours of employment. The participant may be required to participate in other FIA activities during the hours that do not conflict with employment hours. (3) Participants who obtain employment averaging less than 20 hours per week shall continue structured job search unless the scheduled job search hours conflict with the scheduled hours of employment. The participant may be required to participate in other FIA activities during the hours that do not conflict with employment hours. b. Job search plan. A written job search plan using a form prescribed by the department shall be developed with input from the PROMISE JOBS participant and the PROMISE JOBS worker. A copy shall be provided to the participant. The plan shall: (1) Contain a designated period for job search and the specific methods for finding job openings. (2) Specify the number of hours to be committed for the designated period so as to provide the most effective use of transportation funds. (3) Specify the due date for providing documentation of job search activities. (4) Contain information as specific as possible about areas of employment interests, employers to be contacted, and other pertinent factors. c. Supportive payments allowed. Child care assistance and transportation payments shall be provided as described in rule 441—93.11(239B) when needed to participate in structured job search. d. Documenting participation. The PROMISE JOBS worker shall verify and document each participant’s monthly hours of actual participation in structured job search. Participant documentation shall be provided as described in subrule 93.10(2). Human Services[441] Ch 93, p.10 IAC 6/10/26 e. Failure to participate in structured job search. Participants who without good cause do not complete structured job search as identified in their FIA shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. 93.6(5) Substance use disorder treatment, mental health treatment, and other rehabilitative activities. Substance use disorder or mental health treatment or other rehabilitative activities are available when needed for a participant to be successful in participating in other FIA activities. a. Treatment determination. The need for treatment or rehabilitative activities must be determined by a qualified medical professional, substance use disorder professional, or mental health professional. The qualified professional must document that treatment or rehabilitative activities are needed for the participant to obtain or retain employment. b. Supportive payments allowed. Child care assistance and transportation payments shall be provided as described in rule 441—93.11(239B) when needed to participate in substance use disorder treatment, mental health treatment, or other rehabilitative activities. c. Documenting participation. The service provider shall verify actual hours of participation in treatment. Documentation of participation shall be provided as described in subrule 93.10(2). d. Failure to participate in treatment or other rehabilitative activities. Participants who without good cause do not participate in substance use disorder treatment, mental health treatment, or other rehabilitative activities as specified in their FIA shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. [ARC 9281C, IAB 5/14/25, effective 7/1/25]

self-employment, on-the-job training, work experience placement, and unpaid community service. The participant and the PROMISE JOBS worker shall incorporate into the FIA employment activities that are appropriate for the work history, skill level, and life circumstances of the participant. If the FIA activity is so hazardous that safety glasses, hard hats, or other safety equipment is needed, participation shall not be arranged or approved unless these safety precautions are available. 93.7(1) Full-time or part-time employment. FIAs may include full-time employment or part-time employment. Employment that does not lead to economic self-sufficiency may be included in the FIA only if the employment situation leads to better employment opportunities through building work skills and work history. More information about additional policies applicable to self-employment is contained in subrule 93.7(2). a. Full-time employment. The goal for all participants is to participate in full-time employment. “Full-time employment” is defined as being employed an average of 30 or more hours per week. (1) Persons who have not achieved self-sufficiency through full-time employment before the end date of the FIA may have the FIA extended. (2) Persons who choose not to enter into the renegotiation process to extend the FIA shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. b. Part-time employment. Part-time employment is defined as being employed an average of less than 30 hours per week. An FIA that includes part-time employment shall also include participation in other PROMISE JOBS activities, including additional part-time employment, unless barriers to participation exist as defined in rule 441—93.14(239B) and subrule 93.4(5). c. Supportive payments allowed. Transportation expenses are not paid through PROMISE JOBS but are covered by FIP earned income deductions. Child care assistance shall be provided as described in rule 441—93.11(239B) when needed for employment. d. Verification of employment hours. Participants must provide verification of employment hours as described in subrule 93.10(2). e. Failure to provide verification. Failure to provide verification of work hours after receiving a written reminder letter will result in an LBP. f. Failure to maintain employment. A participant who without good cause does not maintain employment as identified in the FIA shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. Human Services[441] IAC 6/10/26 Ch 93, p.11 93.7(2) Self-employment. a. Calculation of hours. Hours of participation for persons who are self-employed shall be calculated using actual gross income less business expenses divided by the federal minimum wage. PROMISE JOBS shall use the same income as used for FIP eligibility and benefits. (1) Participants with self-employment income that equates to 30 or more hours per week are considered to be working full-time. (2) Participants with self-employment income that equates to less than 30 hours per week are considered to be working part-time. b. Review of participation. The PROMISE JOBS worker shall review calculated hours: (1) When income changes, or (2) At least once every six months. c. Progress toward self-sufficiency. At the participant’s FIA review, the participant’s progress is determined by noting incremental increases in income and calculated work hours. In order to maintain self-employment as the only FIA activity, participants must: (1) Reach full-time employment as defined in subparagraph 93.7(2)“a”(1), or (2) Show progress toward self-sufficiency. d. Requiring other FIA activities. When a participant has been self-employed for more than 12 months and has not shown progress toward self-sufficiency, the FIA shall include the part-time self- employment in combination with participation in other PROMISE JOBS activities unless barriers to participation exist as defined in subrule 93.4(5) and rule 441—93.14(239B). (1) The other activities could include additional part-time employment. (2) When the determination that a participant has not shown progress toward self-sufficiency is made after the initial FIA is developed, the FIA shall be renegotiated to include the other PROMISE JOBS activities. Participants who choose not to enter into the FIA renegotiation process shall enter into an LBP as described in 441—subrule 41.24(8). Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. e. Supportive payments allowed. Transportation expenses are not paid through PROMISE JOBS but are covered by FIP earned income deductions. Child care assistance shall be provided as described in subrule 93.11(2) when needed for participation in self-employment. f. Supportive payments not allowed. Funds may not be used to purchase supplies to enable a participant to begin a private business. g. Documenting participation. Hours of participation in self-employment shall be calculated as specified in paragraph 93.7(2)“a” and documented in the case file. Participant documentation shall be provided as described in subrule 93.10(2). h. Failure to maintain employment. Participants who without good cause do not maintain employment as identified in their FIA shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. 93.7(3) On-the-job training. a. Definition. “On-the-job training” is defined as training in the public or private sector that: (1) Is given to a paid employee while the employee is engaged in productive work, and (2) Provides knowledge and skills essential to the full and adequate performance of the job. b. Supportive payments. Transportation for on-the-job training is treated in the same manner as transportation for employment. Expenses are not paid through PROMISE JOBS but are covered by FIP earned income deductions. Child care assistance shall be provided as described in subrule 93.11(2) when needed for participation in on-the-job training. c. Documenting participation. Documentation of participation shall be provided as described in subrule 93.10(2). d. Failure to participate in on-the-job training. Participants who without good cause do not participate in on-the-job training as identified in their FIA shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. 93.7(4) Work experience program. Work experience sites shall provide participants with work experience. Human Services[441] Ch 93, p.12 IAC 6/10/26 a. Sponsors. Employers who participate in the work experience program are referred to as sponsors. Work experience sponsors may be public sector, private sector, community-based, faith-based, or nonprofit employers. (1) Participants may be placed at work sites with religious institutions only when the work performed is nonsectarian and not in support of sectarian activities. (2) Participants may not be used to replace regular employees in the performance of nonsectarian work for the purpose of enabling regular employees to engage in sectarian activities. (3) Each work experience program sponsor shall provide to the PROMISE JOBS service provider a copy of the sponsor’s safety rules before participants are referred for work-site placement. b. Positions. To request a work experience placement, the sponsor shall complete a form prescribed by the department for each type of position the sponsor wishes to fill. The request shall include a complete job description that specifies all tasks to be performed by the participant. PROMISE JOBS has final authority to determine suitability of any work experience position offered by a sponsor. Work experience positions: (1) Must contain the same job description and performance requirements that would exist if the sponsor were hiring an employee for the same position; (2) Shall not be related to political, electoral, or partisan activities; (3) Shall not be developed in response to or in any way be associated with the existence of a strike, lockout, or other bona fide labor dispute; (4) Shall not violate any existing labor agreement between employees and employers; (5) Shall comply with applicable state and federal health and safety standards; (6) Shall not be used by sponsors to displace current employees or to infringe on the promotional opportunities of current employees; (7) Shall not be used in place of hiring staff for established vacant positions; and (8) Shall not result in placement of a participant in a position when any other person is on layoff from the same or an equivalent position in the same unit. c. Participant selection. A participant’s vocational skills and interests shall be matched as closely as possible with the job description and skills required by the sponsor. (1) Participant responsibility. Participants shall interview for and accept positions offered by work experience sponsors. Participants shall present a form prescribed by the department to the sponsor at the interview. The form shall be completed by the sponsor and returned to PROMISE JOBS. (2) Sponsor responsibility. Although sponsors are expected to accept work experience referrals made by PROMISE JOBS, sponsors may refuse any referrals they deem inappropriate for the available position. Sponsors shall not discriminate against any program participant because of race, color, religion, sex, age, creed, physical or mental disability, political affiliation, or national origin. Sponsors who refuse a referral must notify PROMISE JOBS in writing of the reason for the refusal. d. Hours of participation. When a participant is involved in work experience that is subject to the Fair Labor Standards Act (FLSA) as amended to August 1, 2024, the participant cannot be required to work more hours than the amount of the monthly FIP grant divided by federal or state minimum wage, whichever is higher. Exception: To determine the maximum hours that can be required of a single-parent family on FIP with a child under the age of six, add the value of the family’s Supplemental Nutrition Assistance Program (SNAP) benefits to the FIP grant amount before dividing by the minimum wage. (1) A participant cannot be required to work more hours than those calculated under paragraph 93.7(4) “d.” Only hours up to or less than that calculation can be included in the participant’s FIA. (2) If two or more members of the same household participate in work experience, the total required hours of participation of the household cannot exceed the hours calculated according to paragraph 93.7(4) “d.” (3) Each work experience assignment shall not exceed six months in duration. e. Participant performance evaluations. (1) Monthly evaluations. Sponsors shall complete a monthly evaluation of the participant’s performance using a form prescribed by the department and provide a copy to PROMISE JOBS and to the participant. Human Services[441] IAC 6/10/26 Ch 93, p.13 (2) Final evaluations. Sponsors shall complete a form prescribed by the department at the time of termination for each work experience participant. When termination occurs at the sponsor’s request, the sponsor shall specify the reason for termination and identify those areas of unsatisfactory performance. For participants who leave to accept regular employment or reach their work experience placement time limit, the sponsor’s evaluation shall indicate whether or not a positive job reference would be provided if the participant requested one. f. Supportive payments for work experience placements. (1) Child care and transportation. Child care assistance and transportation payments shall be provided as described in rule 441—93.11(239B) when needed for participation in work experience. (2) Required clothing and equipment. The sponsor will provide a documented list of clothing and equipment required by the work experience site. A participant may receive a one-time supportive expense payment per work-site assignment for clothing or equipment that is documented by the sponsor and that cannot be obtained from the sponsor or other resources. (3) Workers’ compensation. The department will provide workers’ compensation coverage for all PROMISE JOBS work experience participants. g. Documenting participation. Documentation of participation shall be provided as described in subrule 93.10(2). h. Completion of work experience. Persons who complete a work experience assignment may move to another activity as provided under the FIA, be assigned to a different work site, or be reassigned to the same work site, whichever is appropriate under the FIA. i. Failure to participate in work experience. A participant who without good cause does not participate in work experience as identified in the FIA shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. 93.7(5) Unpaid community service. a. Work sites. Unpaid community service work sites shall be public or private nonprofit organizations. The PROMISE JOBS provider agencies shall provide community service work sites a written explanation of the following placement criteria. The placement: (1) Shall comply with applicable state and federal health and safety standards; (2) Shall not be related to political, electoral or partisan activities; (3) Shall not be developed in response to or in any way associated with the existence of a strike, lockout, or other bona fide labor dispute; (4) Shall not violate any existing labor agreement between employees and employers; (5) Shall not be used to displace current employees or to infringe on their promotional opportunities; (6) Shall not be used in place of hiring staff for established vacant positions; and (7) Shall not result in placement of a participant in a position when any other person is on layoff from the same or an equivalent position in the same unit. b. Locating the work site. When a participant and the PROMISE JOBS worker agree that an unpaid community service placement is appropriate, PROMISE JOBS shall assist the participant in identifying potential work sites. The participant is responsible for locating and making arrangements with the work site. Formal interviews are not required to establish the relationship between the participant and the work-site organization. c. Length of assignment and weekly hours. The length of the work-site assignment and the weekly hours of participation shall be determined through agreement among the work-site organization, the participant, and the PROMISE JOBS worker. When a participant is involved in community service that is subject to the FLSA as amended to August 1, 2024, the participant cannot be required to work more hours than the amount of the participant’s monthly FIP grant divided by federal or state minimum wage, whichever is higher. Only hours up to or less than the maximum calculated may be included in the participant’s FIA. Exceptions are as follows: (1) For a participant who is a single parent with a child under the age of six, the maximum hours that can be required are determined by adding the value of the participant’s SNAP to the FIP grant amount before dividing by the minimum wage. Human Services[441] Ch 93, p.14 IAC 6/10/26 (2) Participants who are court-ordered to do community service shall work the number of hours required by the court. d. Supportive payments. Child care assistance and a transportation payment for each month of participation or part thereof shall be paid as described in rule 441—93.11(239B) when needed for participation in unpaid community service. e. Documenting participation. Documentation of participation shall be provided as described in subrule 93.10(2). f. Failure to complete unpaid community service. Participants who without good cause do not participate in unpaid community service as specified in their FIA shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. [ARC 9281C, IAB 5/14/25, effective 7/1/25]

course of study that enables a participant to complete high school, improves a participant’s ability to read and speak English, or prepares a participant for a specific professional or vocational area of employment. Though employment leading to economic self-sufficiency is the eventual goal of all FIAs, it is recognized that education increases a person’s chance of finding employment, particularly employment that leads to economic self-sufficiency. Any participant who requests participation in educational activities shall be evaluated to determine the likelihood of success. If the request is approved, a training plan shall be developed and included in the participant’s FIA. 93.8(1) Participant requirements. The decision to include education in an FIA shall take into account the results of the educational evaluation pursuant to paragraph 93.8(1)“b” and the current educational level of the participant. Prior academic or vocational training is not, in itself, a reason for denial or approval of educational services. All family members who are approved for education shall be eligible for all program benefits, even when two or more family members are simultaneously participating and even if participation is at the same educational facility and in the same program. For education to be approved for inclusion in an FIA, the following requirements shall be met. a. Vocational goal. For a participant enrolled in postsecondary education, the education must lead to a specific vocational goal. A degree in general studies or programs not leading to specific occupational outcomes cannot be included in a participant’s FIA. (1) Except as provided in subparagraph 93.8(1)“a”(2), a vocational goal must be in an occupational field for which available labor market information or emerging business trends in the participant’s local area indicate employment potential. These trends or statistics must be provided by a legitimate source. (2) Information to support employment potential in the participant’s local area is not required when: 1. The participant has a documented job offer in the field before entering the training; or 2. The participant is willing to relocate after training to an area where there is employment potential. Documentation for the new location shall meet the requirements in subparagraph 93.8(1)“a”(1). (3) For participants attending high school or high school equivalency activities, adult basic education or English as a second language, the vocational goal is to improve employability by successfully completing the activity. b. Educational evaluation. An educational evaluation shall be completed according to subrule 93.5(3) before postsecondary education is included as an FIA activity. A participant under the age of 19 does not need to complete an educational evaluation in order to have high school completion included in the FIA. (1) A participant who chooses to enter educational activities before obtaining approval is not eligible to receive supports as described in subrule 93.8(6), cannot use that activity to meet the FIA participation obligation, and shall be expected to participate in other FIA activities. (2) A participant who is already involved in education at the time of FIP application or enters education before approval must meet the requirements in this rule before the educational activities can be included in the FIA. Once approved, the current educational activity may then be included in the participant’s FIA, and the participant will be eligible to receive supports as described in subrule 93.8(6). 93.8(2) Provider requirements. Both public and private agencies may provide educational activities. Human Services[441] IAC 6/10/26 Ch 93, p.15 a. Type of provider. Education may be included in the FIA if obtained from a provider that is approved or registered with the state or is accredited by an appropriate accrediting agency. Training provided by a community action program, church, or other agency may be included in the FIA only if PROMISE JOBS determines that: (1) The training is adequate and leads to the completion of the participant’s vocational goal; and (2) The training provider possesses appropriate and up-to-date equipment; has qualified instructors, adequate facilities, a complete curriculum, acceptable evaluation methods, and a good job-placement history; and demonstrates expenses of training that are reasonable and comparable to the costs of similar programs. b. Time and attendance. The provider must verify the participant’s actual hours of attendance in an educational activity with a form prescribed by the department pursuant to subrule 93.10(2). If the educational activity is structured in such a way that verification cannot be obtained or the educational provider is unwilling to provide time and attendance verification, the educational activity cannot be included in the participant’s FIA. Exceptions apply for online or distance learning as described in paragraph 93.10(2)“f” and for participants under age 20 as described in subparagraph 93.10(2)“b”(3). 93.8(3) Approvable activities. Training plans shall include only training activities that can be considered as meeting the FIA obligations for participation. The following activities may be included in a training plan: a. Adult basic education. b. Continuing education units when needed for the participant to be recertified or retrained to reenter a field in which the participant was previously trained or employed or to maintain certification needed to remain employed. c. Correspondence courses when the courses are required but not offered by an educational facility attended by the participant. d. English as a second language. e. High school or high school equivalency completion. Any participant who does not have a high school diploma or high school equivalency diploma (HSED) shall be encouraged to obtain a diploma. A participant who is 18 years of age or older may be approved to return to regular high school only when the participant can graduate within one year of the normal graduation date. High school equivalency or high school courses and other types of vocational training may run concurrently. f. Online or distance learning. The training: (1) Must include interaction between the instructor and the student; (2) Must include mechanisms for evaluation and measurement of student achievement; and (3) Must be offered in Iowa unless the conditions in paragraph 93.8(3)“g” apply. An online training program shall be considered an out-of-state training program when any of the required training or testing occurs out-of-state. g. Out-of-state training. Out-of-state training is approvable only when: (1) Similar training is not available in Iowa, (2) Relocation required to attend an in-state facility would be unnecessary if attending an out-of-state facility, or (3) The only in-state facilities within commuting distance are private schools where tuition costs are higher than at an out-of-state facility within commuting distance. h. Postsecondary education up to and including a baccalaureate degree program. (1) A participant with no postsecondary education may be approved for training resulting in a certificate of program completion or an academic degree, such as an associate or baccalaureate degree. Participants who have not completed a high school education or received a high school equivalency diploma (HSED) may be required to do so before courses leading to an associate degree or higher are approved. (2) A participant who has a baccalaureate degree or higher is considered employable. No further training shall be approved unless the participant’s physical or mental status has changed to such an extent that the past education is no longer appropriate. The participant must provide supportive evidence from either a qualified medical or mental health professional or the state rehabilitation agency. Human Services[441] Ch 93, p.16 IAC 6/10/26 (3) A participant who has successfully completed a postsecondary educational program that provides less than a baccalaureate degree may be approved for further training if the participant meets one of the following criteria: 1. The previous training is in an occupation that is outdated. 2. The previous training is in a field where current labor market information or emerging business trends show little or no employment opportunity. 3. The training requested is a progression in a specific career that moves a participant from entry- level positions to higher levels of pay, skill, responsibility, or authority. 4. The participant’s background makes employment in the area in which the participant is trained impossible. 5. Changes in the participant’s physical or mental status make the past training no longer appropriate. The participant must provide supportive evidence from a qualified medical or mental health professional or the state rehabilitation agency. i. Prerequisite courses required by the selected training program. j. Remedial coursework for one term when needed as determined by testing conducted by the training facility. k. Summer school. 93.8(4) Nonapprovable training activities. Nonapprovable training activities shall not be included in the FIA. When an activity in which the participant is enrolled becomes nonapprovable, PROMISE JOBS shall cancel the current training plan and require the participant to renegotiate the FIA to include other activities. A form prescribed by the department shall be issued to inform the participant that the request for education is canceled. Nonapprovable activities include the following: a. A course or training that the participant has previously completed. b. Any course or training in a field in which the participant does not intend to seek employment after the training is completed. An exception may be made when the reason for not seeking employment is to receive further education when the education: (1) Is a planned progression in a specific career path; and (2) Will not lead to an advanced degree beyond a baccalaureate. c. A training program that does not relate to the identified vocational goal. d. Educational activities for which the participant has failed to earn the grades required for admission. e. Education in a field in which the participant will not be able to be employed due to known criminal convictions or founded child or dependent adult abuse. f. Out-of-state training except as allowed under paragraph 93.8(3)“g.” g. Training for jobs paying less than state minimum wage. h. Training that will not be completed until after the participant leaves FIP. Training programs that exceed the known length of time during which the participant will remain eligible for FIP assistance shall be approved only if: (1) The time remaining in the training is minimal and tuition has already been paid. (2) There is a reasonable plan for how the program will be completed without the assistance and support from FIP or PROMISE JOBS. A reasonable plan may include but not be limited to school loans, grants, and scholarships. 93.8(5) Training plan content. Once a participant is approved for training, a training plan shall be developed and written into the participant’s FIA. The training plan shall include: a. Academic enrollment hours. Participants are encouraged to maintain as full an academic workload as is possible in order to complete their education in a timely manner. However, a person may choose to participate in education along with other activities such as employment, job readiness skills training, other job readiness activities, or other FIA activities. b. Approved training plan activities. c. The specific educational goal as defined in paragraph 93.8(1)“a.” d. A date by which the participant expects to complete training. This end date depends on: (1) Time frames specified for a program as established by the educational facility. Human Services[441] IAC 6/10/26 Ch 93, p.17 (2) Whether the participant is attending full-time or part-time. (3) Problems or barriers to involvement as identified in subrule 93.4(5) or 93.14(1). e. Testing schedule. Participants enrolled in ABE or ESL programs must be able to complete training in the time determined by the testing schedule unless the PROMISE JOBS worker and, if appropriate, the participant’s academic advisor or instructor agree that additional time may be allowed. Under no circumstances, however, shall more than 6 additional months be allowed. Additional time shall not be allowed if, as a result, months required to complete training would exceed 24 months for ABE or 12 months for ESL. 93.8(6) Supportive payments. PROMISE JOBS may provide payment for certain expenses when needed to participate in approved education and training activities as described in this subrule and in subrule 93.11(4). a. Eligibility. (1) Eligibility for PROMISE JOBS supportive payments for education and training begins with the date when the participant begins training under an approved plan or is removed from a waiting list as described in paragraph 93.4(4)“e,” whichever is later. (2) Participant eligibility for child care assistance and transportation payments begins as described in subparagraph 93.8(6)“a”(1) and shall be terminated when a training plan is canceled. (3) Each participant in postsecondary vocational training is limited to 24 fiscal months of PROMISE JOBS payment of expenses needed for participation. The 24 fiscal months do not have to be consecutive. More information about additional limits on child care expenses is contained in paragraph 93.8(6)“b.” (4) When more than one facility offers a particular program, payment is limited to the amount required to attend the nearest educational facility except when attending a facility that is farther away will allow the family to reach self-sufficiency earlier. b. Child care. Child care assistance shall be provided as described in subrule 93.11(2) and 441— Chapter 170 when needed for participation in education and training activities except as described in subparagraphs 93.8(6)“b”(1) and (2). (1) Child care assistance payments needed for participation in postsecondary education activities are limited to 24 fiscal months. (2) All child care assistance payments issued for child care for participation in postsecondary education activities count toward this limit, including payments issued while the person was not a PROMISE JOBS participant, pursuant to 441—subparagraph 170.2(2)“b”(1). c. Transportation. Transportation payments shall be provided as described in subrule 93.11(3) when needed for participation in educational activities unless transportation payments are available from another source. Transportation needed for participation in education activities is subject to the limits described in paragraph 93.8(6)“a.” (1) When a participant receives a transportation payment from another program that equals or exceeds that possible under PROMISE JOBS, transportation shall not be paid by PROMISE JOBS for any month covered by the other program. (2) When the amount received from another program is less than that possible under PROMISE JOBS, a supplemental payment may be made as long as the combined payment does not exceed that normally paid by PROMISE JOBS. (3) When a participant is enrolled in high school, a transportation payment shall not be allowed if transportation is available from another source, such as the school district. If child care needs or the needs of the child or the participant make it impractical or inappropriate for the participant to use transportation provided by the school district, a transportation payment may be authorized. d. Training expenses. Participants enrolled in high school or high school equivalency completion, ABE, ESL, or postsecondary vocational training may be eligible for payment of the following expenses of training when required for participation, subject to limits in subrule 93.11(4): (1) Enrollment fees, (2) School application fees, (3) Educational grant or scholarship application fees, (4) Licensing, certification and testing fees, Human Services[441] Ch 93, p.18 IAC 6/10/26 (5) Travel costs required for certification or testing, and (6) Certain practicum expenses as described in subparagraph 93.11(4)“a”(3). e. Direct education costs. Participants enrolled in high school or high school equivalency completion, ABE, ESL, or short-term training programs of 29 weeks or less may also be eligible for payment for direct education costs, including: (1) Tuition, (2) Books, (3) Fees including graduation, (4) Basic school supplies, (5) Specific supplies related to obtaining credit for a course and required of all students in a course, and (6) Required uniforms. f. Supplies purchased with PROMISE JOBS funds. Participants may keep any books or supplies, including tools, that were purchased with PROMISE JOBS funds. 93.8(7) Documentation. a. Plan. The following information shall be documented in the participant’s file. (1) Evaluation results, pursuant to paragraph 93.8(1)“b.” (2) Current educational level. (3) Justification for approval of additional postsecondary education pursuant to subrule 93.5(3). (4) Academic probationary status pursuant to subrule 93.8(8). (5) Justification for denial of education. Notice of Decision: Services shall be issued to the participant to deny the request for education. b. Participation. A participant shall provide documentation of the actual hours of participation in education and homework and of grades and academic progress as described in subrule 93.10(2). 93.8(8) Academic probation. A participant may be placed on academic probation for at least one term, or a comparable time limit appropriate to the educational program, after which the participant shall be reevaluated for continued inclusion in education activities. This subrule does not apply to parents under the age of 18 who are attending high school completion programs. a. Placing a participant on academic probation. The PROMISE JOBS worker may choose to place a participant on academic probation in the following circumstances: (1) The educational evaluation completed according to paragraph 93.8(1)“b” identifies some factors with the participant’s ability or past circumstances that could make successful completion of the training difficult but the participant’s motivation is high and changes in the participant’s life situation indicate a realistic probability of success. (2) The participant was previously unable to maintain the cumulative grade point average required by a training facility in training comparable to that being requested. (3) The participant enrolled but did not complete a previous education activity without good cause. (4) At the end of a term, or of a comparable period applicable to the educational program, the participant is receiving less than a 2.0 grade point average or less than a higher average that is required by the specific training facility or curriculum. b. Probation outcomes. The participant shall be removed from probation for satisfactory performance if, by the end of the established probationary period, the participant is receiving at least a 2.0 grade point average or a higher average as required by the specific training facility or curriculum. (1) Reevaluation. If the participant is not receiving the required grade point by the end of the probationary period, the participant shall be reevaluated to determine continued eligibility for participation in education using the same type of information used to originally evaluate the likelihood of academic success as identified in paragraph 93.8(1)“b.” Documentation shall meet the requirements as stated in subrule 93.8(7). (2) Continued probation. Probation may be continued when reevaluation indicates that education is appropriate. The PROMISE JOBS worker may also consider continued probation when: 1. Temporary barriers such as illness or family emergencies that interfered with successful participation have been resolved. Human Services[441] IAC 6/10/26 Ch 93, p.19 2. Long-term barriers to successful participation have been identified and accommodations developed and implemented. 3. The counselor or the lead instructor in the educational program verifies that there is an excellent likelihood the student will raise the grade point to the acceptable level in the next term or a comparable time limit appropriate to the educational program. (3) Cancellation of a training plan. The participant’s current training plan shall be canceled if the participant has failed to maintain at least a 2.0 grade point average or a higher average required by the specific training facility or curriculum, and reevaluation indicates no mitigating circumstances as listed in subparagraph 93.8(8)“b”(2). When a training plan is canceled, the participant will be required to renegotiate the FIA to include either a new, more appropriate training plan or other FIA activities. Notice of Decision: Services shall be issued to the participant to inform the participant that the approval for education is canceled. 93.8(9) LBP. Participants in education choose an LBP through the following actions: a. Failure to participate. The participant fails to maintain education activities or follow training plan requirements as specified in the participant’s FIA, and the participant does not have good cause. Procedures in subrule 93.4(5) and 441—93.13(239B) and 441—93.14(239B) shall apply. b. Misuse of payments. The participant misuses expense payments to the extent that the training plan is no longer achievable or knowingly provides receipts or any other written statements that have been altered, forged, or, in any way, are not authentic. [ARC 9281C, IAB 5/14/25, effective 7/1/25]

93.9(1) Parenting skills training. a. Parents aged 20 or older. For parents who are aged 20 or older when the FIA is signed, activities that strengthen the participant’s ability to be a better parent can be considered approvable training under PROMISE JOBS and may be included in the FIA as long as the participant is active in at least one other PROMISE JOBS component. Parents aged 20 or older who do not carry out the parenting skills training described in the FIA shall be considered to have chosen the LBP unless good cause exists or family circumstances warrant renegotiation and amendment of the FIA. Procedures in subrule 93.4(5) and 441—93.13(239B) and 441—93.14(239B) shall apply. b. Parents aged 19 or younger. Parents aged 19 or younger when the FIA is signed are required to include parenting skills training in the FIA, but may be excused from the requirement when documentation of satisfactory completion of parenting skills training is provided before the FIA is signed. (1) Priority for orientation or assessment. In any month, PROMISE JOBS shall give priority for orientation or assessment services to parents who are already aged 19 in order to establish their responsibility for parenting classes before they are aged 20. This applies to those who are scheduled for orientation, to those who are still in assessment, and to those who have an FIA that must be renegotiated and amended. (2) FIA requirement. The FIA shall be written or renegotiated and amended to include specific plans for parenting skills training and shall identify the training provider’s name and beginning and ending dates of the training. The scheduled training may be in the future to accommodate availability of provider resources. However, it shall occur as soon as is compatible with the circumstances of the family, the other activities in the FIA, and the availability of provider resources, except as specified in paragraph 93.4(4)“e.” (3) Parents aged 19 or younger who are participating in a parenting skills training program at the time the FIA is signed shall be allowed to continue in that program, if they choose, as long as the provider is listed in paragraph 93.9(1)“c” or meets the requirements of paragraph 93.9(1)“d” and documentation of enrollment is provided. The time frames as described in paragraph 93.9(1)“d” shall be used to determine the remaining training time to be included in the FIA. (4) Participation in other activities. Parents aged 19 or younger are not required to be participating in another PROMISE JOBS component to be eligible for parenting skills training. Other PROMISE JOBS components are included in the FIA according to policies in subrule 93.4(4). Human Services[441] Ch 93, p.20 IAC 6/10/26 c. Approved providers. The sources listed in this paragraph are approved providers for parenting skills training. (1) High school departments of family and consumer sciences that offer child development, family relationships, or parenting classes and alternative high school programs for pregnant and parenting teens. Services shall be limited to a minimum of one semester and a maximum of two semesters. (2) Community colleges, other associate-degree institutions, and baccalaureate-degree institutions that offer child development, family relationships, or parenting classes. Services shall be limited to one semester or two quarters. (3) Area education agencies; child abuse prevention programs; child and adult food program sponsors; child care resource and referral agencies; family resource centers; maternal and child health centers; family development and self-sufficiency program grantees and other family development providers; Head Start, Head Start parent and child centers, and Early Head Start programs; Iowa State University Extension services; private nonprofit social service agencies; and young parent support and information organizations. Services shall be limited to: 1. A minimum of 6 contact hours or six weeks, whichever comes first, and 2. A maximum of 26 contact hours or six calendar months, whichever comes first. d. Other providers of parenting skills training are approved as long as they: (1) Have five of these six elements: child growth and development, child health and nutrition, child safety, positive discipline, relationships, and life skills. (2) Offer training within the following time frames: 1. A minimum of 6 contact hours or six weeks, whichever comes first, and 2. A maximum of 26 contact hours or six calendar months, whichever comes first. e. Supportive payments. For participants described in paragraphs 93.9(1)“a” and “b,” child care assistance and transportation payments shall be provided as described in rule 441—93.11(239B) when needed for participation in parenting skills training and not available from another source. (1) Other expenses. Payment for tuition, fees, or books and supplies shall be made only when parenting skills training is not available from a free source in the local area. PROMISE JOBS shall not pay for any expenses that are covered by student financial aid in postsecondary educational institutions as provided elsewhere in these rules. (2) Continuation of payments. If the participant chooses to continue with the parenting skills training program beyond the designated period of participation described in paragraphs 93.9(1)“c” and “d,” PROMISE JOBS responsibility for payment of expense payments shall not extend beyond the designated period unless completion is delayed by acceptable instances for nonparticipation as stipulated in rule 441—93.14(239B) or barriers to participation in subrule 93.4(5). f. Participation in parenting skills training. The planned duration of the parenting skills training shall be determined by agreement between the participant and the training provider within the limits described in paragraphs 93.9(1)“c” and “d.” (1) In consultation with the PROMISE JOBS worker, the participant and the provider shall design a written agreement and provide a copy to PROMISE JOBS. The agreement shall designate the period during which the mandatory parenting skills training requirement will be fulfilled. The period specified in the agreement or notice of decision shall be included in the FIA. (2) Participants who fail to carry out this step in the FIA shall be considered to have chosen the LBP. g. Failure to complete parenting skills training. Parents aged 19 or younger who do not include parenting skills training in the FIA or do not carry out the parenting skills training described in the FIA shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. 93.9(2) Family development. Family development services are support services for PROMISE JOBS families in need of additional assistance, primarily provided by the FaDSS program operated by the department. The services are designed to promote, empower, and nurture the family to self-sufficiency and healthy reintegration into the community. a. PROMISE JOBS may arrange for these services from entities that meet one of the following criteria wherever these are available. Family development services shall be: Human Services[441] IAC 6/10/26 Ch 93, p.21 (1) Provided by a FaDSS grantee; or (2) Provided by a specialist that has been certified through the National Resource Center on Family Based Services at the University of Iowa College of Social Work or the National Family Support Certification Exam through the Institute for the Advancement of Family Support Professionals. b. Inclusion of family development services by participants as an FIA activity is voluntary except for parents under the age of 18 who are not married and who do not live with a parent or legal guardian as described in subparagraph 93.4(4)“c”(4). 93.9(3) Family planning counseling. Referral for family planning counseling is an optional service that shall be offered to each applicant or participant. It is not a component of PROMISE JOBS. a. The PROMISE JOBS worker shall: (1) Discuss orally and in writing the financial implications of newly born children on the participant’s family during PROMISE JOBS orientation or assessment, using a form approved by the department; and (2) Assist the participant in locating local resources. b. The FIA shall record participant response to the option of referral for family planning counseling. It is not acceptable for the FIA to have family planning counseling as the only step of the FIA. c. Supportive payments. No supportive payments are allowed for family planning counseling. d. Participation. LBP policies do not apply to participants who choose not to include family planning counseling in the FIA or who do not carry out the steps of family planning counseling. [ARC 9281C, IAB 5/14/25, effective 7/1/25]

93.10(1) Written notification to participants. a. Notice of meetings, assignments, and issues. PROMISE JOBS shall notify participants in writing of all scheduled meetings, of FIA activity and work-site assignments, and of any participation issues as described in rule 441—93.13(239B). PROMISE JOBS shall also notify the participant in writing when the participant is required to provide medical documentation, verification of hours of participation, employment verification, or any other verification. (1) PROMISE JOBS shall allow a participant ten calendar days from the date notice is mailed to appear for scheduled meetings unless the participant agrees to an appointment that is scheduled to take place in less than ten calendar days. If the tenth calendar day falls on a weekend or state holiday, the participant has until the next working day. (2) PROMISE JOBS shall allow a participant ten calendar days from the date notice is mailed to appear for an FIA activity or work-site assignment or to provide medical documentation, employment verification, or any other verification, except as otherwise specified in subrule 93.10(2). If the tenth calendar day falls on a weekend or state holiday, the participant has until the next working day. (3) PROMISE JOBS shall allow additional time upon request from the participant when the participant is making every effort but is unable to fulfill requirements within the established time frame. b. Notice of decision. PROMISE JOBS shall send written notice to each participant in accordance with 441—Chapter 16 when services are approved, rejected, renewed, changed, canceled, or terminated for failure to cooperate or participate. PROMISE JOBS services are approved when the participant is assigned to begin participation in an activity as written in the FIA. 93.10(2) Verification of participation and progress. Hours of participation and a participant’s progress in FIA activities must be documented and verified. When the participant is responsible for providing the verification, PROMISE JOBS shall notify the participant in writing as required in subrule 93.10(1). a. FIA activities directly monitored by PROMISE JOBS. When the FIA activities are provided or directly monitored by PROMISE JOBS staff, such as job readiness skills training or structured job search, the staff shall document the participant’s hours of attendance and progress in the case file. b. FIA activities not directly monitored by PROMISE JOBS. When FIA activities are provided by a service provider other than PROMISE JOBS, the provider shall verify the participant’s hours of attendance with a form prescribed by the department unless another method is required by this rule. (1) The provider is expected to specify the participant’s hours of attendance and to sign and date the Time and Attendance form. Human Services[441] Ch 93, p.22 IAC 6/10/26 (2) The participant is responsible for providing the signed and dated Time and Attendance form to PROMISE JOBS within ten calendar days following the end of each month, unless the provider provides the form to PROMISE JOBS within this time frame. (3) Exception: If the participant is under age 20 and in high school or high school equivalency classes, the participant may verify the hours by completing and submitting a form prescribed by the department, Time and Attendance, monthly. The training provider does not need to sign the form. c. Documentation of job search. The participant shall complete and provide documentation of any job search activities that cannot be verified by the PROMISE JOBS worker. The participant shall provide a form prescribed by the department within ten calendar days following the end of each month during which the participant has made a job search. The PROMISE JOBS worker shall consider the Job Search Activity Log complete if the form includes: (1) Sufficient information to identify the employer that was contacted or the activity that was completed, (2) The date that the contact was made or the date the activity was completed, (3) The amount of time spent, and (4) The participant’s signature. d. Employment verification. Participants shall verify actual hours of employment at the time that employment begins, upon FIP approval if employed at the time of application, when changes in hours occur, and no less than once every six months thereafter. Participants may use copies of pay stubs, an employer statement of earnings, or may sign a release of information prescribed by the department so that the employer may provide information directly to the PROMISE JOBS worker. Participants shall provide verification of actual hours of employment within ten calendar days of the written request from PROMISE JOBS. e. Documentation of self-employment. At the time of the participant’s FIA review, a self-employed participant shall provide documentation of actual hours worked and gross income and business expenses from the last 30 days. Data from more than 30 days may be requested if the last month is not indicative of normal business. The participant shall provide documentation within ten calendar days of the written request from PROMISE JOBS. f. Distance learning. When a participant is involved in a distance-learning program, PROMISE JOBS will accept the documentation issued by the distance-learning institution verifying that the student participated in the sessions. (1) Documentation may include the attendance records or log-in and log-out records available online or in an electronic format. Documentation may also be obtained through an agreement with a support agency that monitors the student’s actual participation. (2) The participant is responsible for providing the documentation within ten calendar days following the end of each month unless the institution provides the documentation to PROMISE JOBS within this time frame. g. Failure to provide required documentation or verification. Participants who fail to provide documentation or verification as described in this subrule after written notification from PROMISE JOBS as described in subrule 93.10(1) shall be considered to have chosen the LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. 93.10(3) Verification of problems or barriers. Participants may be required to provide written verification or supporting documentation of reported problems or barriers to participation. a. Medical documentation. A participant shall secure and provide written documentation signed by a qualified medical or mental health professional to verify a claimed illness or disability within ten calendar days of a written request by PROMISE JOBS. This time limit may be extended due to individual circumstances, such as the need to obtain an updated evaluation. Acceptable verification includes a form prescribed by the department or other statement signed by a qualified medical or mental health professional to verify the existence of an illness, disability, or limitation. If the tenth calendar day falls on a weekend or state holiday, the participant has until the next working day. b. Other documentation. A participant shall secure and provide written documentation to verify a claimed problem or barrier to participation within ten calendar days of a written request by PROMISE Human Services[441] IAC 6/10/26 Ch 93, p.23 JOBS. Acceptable documentation may include a signed statement from a third party with knowledge of the problem or barrier. If the tenth calendar day falls on a weekend or state holiday, the participant has until the next working day. c. Failure to verify problem or barrier or to provide medical documentation. Failure to provide verification of a problem or barrier or to provide medical documentation as described in subrule 93.10(3) does not directly result in the imposition of an LBP. Examples of actions that do not directly result in LBP include but are not limited to failure to provide a form prescribed by the department or other statement from a medical or mental health professional to verify the existence of an illness or disability, or a statement from a third party with knowledge about the problem or barrier. (1) Participants who claim an inability to participate on a full-time basis due to a claimed problem or barrier and who fail to provide verification or medical documentation upon written request may be required to renegotiate the FIA to include full-time participation in FIA activities. Failure to renegotiate the FIA may result in an LBP. Procedures in subrule 93.4(5) and rules 441—93.13(239B) and 441—93.14(239B) shall apply. (2) Participants who claim a problem or barrier caused their failure to participate for the full number of hours identified in their FIA and who fail to provide verification of the problem or barrier or medical documentation upon written request may not be excused for the failure to participate. If the failure is not excused, the failure will result in imposition of an LBP if the failure meets the criteria described in subrule 93.13(2). [ARC 9281C, IAB 5/14/25, effective 7/1/25]

may provide payment for the expenses listed in this rule. Upon written request from PROMISE JOBS, participants shall submit a form prescribed by the department, or other acceptable estimate of costs, to initiate payments or change the amount of payment for expenses other than child care. 93.11(1) Eligibility. Participants are eligible for supportive payments needed for participation in activities in their FIA, subject to the limits in this chapter. a. Applicants in an LBP who must complete significant contact with or action in regard to PROMISE JOBS for FIP eligibility to be considered as described in paragraphs 441—41.24(8)“a” and “e” are eligible for expense payments for the 20 hours of activity. However, PROMISE JOBS services and supportive payments are only available when it appears the applicant will otherwise be eligible for FIP. b. Applicants who have received 60 months of FIP are eligible for PROMISE JOBS services and payments under the circumstances described in 441—subrule 41.30(3). 93.11(2) Child care. Payments for child care shall be issued through the child care assistance program as described in 441—Chapter 170. a. Payment shall be provided for child care if: (1) Care is needed for participation in any PROMISE JOBS activity other than orientation or assessment activities that occur before the FIA is signed, (2) Payment is not specifically prohibited elsewhere in these rules, and (3) Payment is not available from another source. b. Payment shall be issued to the child care provider after the service has been received, as described in 441—subrule 170.4(7). 93.11(3) Transportation. Participants may receive a transportation payment for each day that transportation is needed for participation in a PROMISE JOBS activity. Transportation payments shall be determined according to the circumstances of each participant. If necessary, payments shall cover transportation for the participant and child from the participant’s home to the child care provider and to the PROMISE JOBS site or activity. a. Exclusions. (1) A transportation payment is not available for orientation or for assessment activities that occur before the FIA is signed. (2) A transportation payment is not available for employment. Participants who are employed shall be entitled to the earned income deduction described at 441—paragraph 41.27(2)“a” to cover transportation costs associated with employment. Human Services[441] Ch 93, p.24 IAC 6/10/26 b. Rate of payment. Payments shall not exceed the rate that the provider would charge a private individual. (1) Public transportation. For those who use public transportation, the payment shall be based on the normally scheduled days of participation in the PROMISE JOBS activity for the period covered by the payment, using the rate schedules of the local transit authority to the greatest advantage, including use of weekly and monthly passes or other rate reduction opportunities. (2) Private transportation. For participants who use a privately owned motor vehicle or who hire private transportation, the transportation payment shall be based on a formula that uses the normally scheduled days of participation in the PROMISE JOBS activity for the period covered by the payment multiplied by the participant’s anticipated daily round-trip miles and then multiplied by the current state employee reimbursement rate. c. Special transportation needs. Participants who require, due to a mental or physical disability, a mode of transportation other than a vehicle they operate themselves shall be eligible for payment of a supplemental transportation payment when documented actual transportation costs are greater than transportation payments provided under these rules and transportation is not available from another source. (1) Medical evidence. To be eligible for a supplemental payment, the participant must provide medical evidence of the need for an alternate mode of transportation due to disability or incapacity. The evidence must be from a qualified medical or mental health professional, the state rehabilitation agency, or proof that the participant receives SSI or social security benefits due to disability or blindness. (2) Payment rates. Actual costs of transportation by a public or private agency shall be allowed. Costs of transportation provided by private automobile shall be allowed as described in subparagraph 93.11(3) “b”(2). d. Issuance of payments. The transportation payment shall be issued before the first scheduled day of participation in an activity. For participants in the same activity for more than one month, transportation payments shall be issued before the first day of the month of scheduled participation except as described below. (1) Payments for the third and subsequent months of an ongoing activity shall not be authorized before receipt of time and attendance verification, as described in subrule 93.10(2), for the month before the issuance month. Example: A transportation payment for June, normally issued after May 15 to be available to the participant by June 1, will not be authorized until time and attendance verification for the month of April has been received in the PROMISE JOBS office. (2) The amounts of payments for the third and subsequent months of an ongoing activity shall be adjusted by subtracting from normally scheduled days any number of days that represents a difference between the number of scheduled days of activity in the month before the issuance month and the number of actual days attended in that month. Example: A transportation payment is issued in May based on 16 scheduled days of participation for June. The participant attends only 14 days of the activity. When preparing to issue the August transportation allowance, the worker subtracts two days from the normally scheduled August activities to calculate the payment. If ten days of participation are scheduled, the transportation payment issued in July for August is calculated using eight days. (3) Because adjustment for actual attendance is not possible in the last two months of an ongoing activity, transportation payments for the last two months of an ongoing activity will be subject to transportation overpayment provisions of subrule 93.12(1). Exception: A transportation overpayment does not occur for any month in which the participant leaves the PROMISE JOBS activity in order to enter employment. 93.11(4) Training and education expenses. Participants shall use PROMISE JOBS payments that they receive to pay authorized expenses. a. Classroom training. PROMISE JOBS payments for classroom training are limited as follows: (1) Tuition payments for high school or high school equivalency completion, ABE, ESL, or short-term training programs of 29 weeks or less shall not exceed the rate charged by the Iowa community college located nearest the participant’s residence that offers a course or program comparable to the one in which the participant plans to enroll. If an Iowa community college does not offer a comparable program, the Human Services[441] IAC 6/10/26 Ch 93, p.25 maximum tuition rate payment shall not exceed the Iowa resident rate charged by the out-of-state area school located nearest the participant’s residence. (2) A standard payment for actual costs of basic school supplies once per term shall be allowed for those participants who request it. Actual costs must be verified by receipts. (3) A per diem payment of $10 for living costs during a practicum shall be allowed when the practicum is required by the curriculum of the training facility, would require a round-trip commuting time of three hours or more per day, and is not available closer to the participant’s home. If practicum earnings or other assistance is available to meet practicum living costs, no payment shall be made. (4) Payments may be authorized to meet the costs of travel required for certification and testing, not to exceed the transportation payment as described in subrule 93.11(3) and the current state employee reimbursement rate for meals and lodging. (5) No payment shall be made for jewelry, pictures, rental of graduation gowns, elective courses that require expenditures for field trips or special equipment, such as photography or art supplies, or other items that are not required to complete training for a vocational goal. b. Retroactive payments. Retroactive payments for transportation and allowable direct education costs shall be allowed only under the following conditions: (1) If plan approval or removal from a waiting list occurs after the start of the term due to administrative delay or worker delay, payments shall be approved retroactive to the start of the term for which the plan is approved or removal from the waiting list is authorized. If the participant has already paid costs with private resources, the participant shall be reimbursed. (2) If plan approval is delayed due to the fault of the participant, payment eligibility shall begin with the first day of the month during which the plan is approved or the month in which the participant is removed from a waiting list as described in paragraph 93.4(4)“e,” whichever is later. In this instance, there shall be no reimbursement for costs already paid by the participant. c. Receipts. Participants shall furnish receipts for expenditures that they pay, except for transportation payments. Failure to provide receipts will preclude additional payments. Receipts may be requested for payments paid directly to the training provider if the PROMISE JOBS worker determines it is appropriate. d. Payments directly to facility. PROMISE JOBS is authorized to provide payment for expenses allowable under these rules to the training facility for the educational expenses of tuition and fees and books and supplies that are provided by the facility and billed to the PROMISE JOBS participant. Payment may also be made to the participant in those situations where payment to the participant is determined to be appropriate by the PROMISE JOBS worker. 93.11(5) Other expenses. a. Birth certificates. PROMISE JOBS funds shall be used to pay costs of obtaining a birth certificate when the birth certificate is needed in order for the participant to complete the workforce development registration process described in subrule 93.3(6). b. Resources for examination. When an examination is required and other resources are not available to meet the expense of the examination, the PROMISE JOBS worker shall authorize the examination and submit a claim for payment on a form prescribed by the department. c. Workforce Innovation and Opportunity Act. PROMISE JOBS funds may also be used to pay expenses for PROMISE JOBS participants enrolled in federal Workforce Innovation and Opportunity Act (WIOA) as amended to August 1, 2024, funded services or activities when those expenses are allowable under these rules. [ARC 9281C, IAB 5/14/25, effective 7/1/25]

or a provider receives an expense payment for transportation or other supportive expenses that is greater than allowed under these rules or receives a duplicate payment of an expense payment, an overpayment is considered to have occurred and recovery is required. There are two categories of PROMISE JOBS expense payments subject to recovery: (1) transportation, and (2) other supportive expense payments. 93.12(1) Payment for transportation will be considered an overpayment subject to recovery in the following instances: Human Services[441] Ch 93, p.26 IAC 6/10/26 a. When the participant attends none of the scheduled days of participation in a PROMISE JOBS activity, the entire transportation payment will be considered an overpayment. Recovery of the overpayment will be initiated when it becomes clear that subsequent participation in the activity is not possible. b. When the participant fails to attend 75 percent of the normally scheduled days of participation in either of the last two months of an ongoing PROMISE JOBS activity or in any transportation payment period of an activity that has not been used for payment adjustment as described in paragraph 93.11(3)“d,” an overpayment is considered to have occurred. The amount to recover will be the difference between the amount for the actual number of days attended and the amount for 75 percent of normally scheduled days. 93.12(2) The PROMISE JOBS worker shall make the referral to the department of inspections, appeals, and licensing by recording the overpayment in the overpayment recovery system. 93.12(3) The department of inspections, appeals, and licensing shall notify the participant or the provider when it is determined that an overpayment exists as described in 441—subrule 11.2(2). a. Notification shall include the amount, date, and reason for the overpayment. Upon the participant’s request, PROMISE JOBS shall provide additional information regarding the computation of the overpayment. b. The participant may appeal the computation of the overpayment and any action to recover the overpayment through benefit reduction in accordance with 441—Chapter 2506. 93.12(4) A PROMISE JOBS overpayment shall be recovered through repayment in part or in full. Repayments received by PROMISE JOBS shall be transmitted to the department. a. Overpayments of child care assistance issued for July 1999 and any month thereafter are subject to recovery rules of the child care assistance program set forth in rule 441—170.9(237A). b. Reserved. 93.12(5) When a participant or a provider offers repayment in part or in full before the end of the 30-day appeal period, PROMISE JOBS or the department’s local office will accept the payment. The amount of the voluntary repayment shall not be returned to the participant or provider unless the final decision on the appeal directs the department to do so. If a subsequent appeal request is received, the PROMISE JOBS unit shall notify the department of inspections, appeals, and licensing and shall not accept any further payments on the claim. 93.12(6) When a participant or a provider has been referred to the department of inspections, appeals, and licensing to initiate recovery, the department of inspections, appeals, and licensing shall use the same methods of recovery as are used for the FIP program as described in 481—Chapter 90, except that the FIP grant shall not be reduced to effect recovery without the participant’s written permission. a. When the participant requests grant reduction on a form prescribed by the department, the grant will be reduced for repayment as described in rule 441—46.25(239B). b. The department of inspections, appeals, and licensing is authorized to take any reasonable action to effect recovery of provider overpayments, such as but not limited to informal agreements, civil action, or criminal prosecution. However, the department of inspections, appeals, and licensing shall not take any collection action on a provider overpayment that would jeopardize the participant’s continued participation in the PROMISE JOBS program. [ARC 9281C, IAB 5/14/25, effective 7/1/25; Editorial change: IAC Supplement 6/10/26]

out the responsibilities of the FIA shall be considered to have chosen the LBP as described in 441—subrule 41.24(8). The participation issues listed in this rule are those that are important for effective functioning in the workplace or training facility and for the completion of the FIA. 93.13(1) Notification of participation issue. When participants appear to be choosing an LBP by not carrying out the FIA responsibilities, the PROMISE JOBS worker shall send one written reminder letter as specified in subrule 93.10(1). The written reminder letter shall: a. Clearly identify the participation issue and the specific action needed to resolve it, b. Clarify expectations, c. Attempt to identify barriers to participation that should be addressed in the FIA, d. Explain the consequences of the LBP, and Human Services[441] IAC 6/10/26 Ch 93, p.27 e. Offer supervisory intervention. 93.13(2) Participation issues. Actions that may cause participants to be considered as having chosen the LBP when the participant does not have a problem or barrier to participation as defined at paragraph 93.4(5)“a” or rule 441—93.14(239B) are: a. Tardiness. Participants who, for a second time after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1) at the first occurrence, are more than 15 minutes late to a scheduled FIA activity without good cause or a barrier to participation. b. Failure to attend scheduled activities. Participants who do not, for a second time after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1) at the first occurrence, appear for scheduled appointments, participate in assessment activities, including taking required vocational or aptitude tests, complete or provide required forms other than those described in subrule 93.10(3) or are absent from activities designated in the FIA. c. Absence from work experience. Participants who do not, for a second time after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1) at the first occurrence, notify work experience sponsors or the PROMISE JOBS worker of an absence within one hour of the time at which they are due to appear. d. Disruptive behavior. Participants who exhibit disruptive behavior for a second time after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1) at the first occurrence. “Disruptive behavior” means the participant hinders the performance of other participants or staff, refuses to follow instructions, uses abusive language, or is under the influence of alcohol or drugs. e. Unsatisfactory performance or participation. Participants whose performance or participation in an FIA activity continues to be unsatisfactory after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1). f. Physical threats. Participants who make physical threats to other participants or staff and have not provided written documentation from a doctor, licensed psychologist, probation officer, or law enforcement official after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1). (1) “Physical threat” means having a dangerous weapon in one’s possession and either threatening with or using the weapon or committing assault. (2) The documentation must verify that the act was caused by either a temporary problem or a serious problem or barrier that needs to be included in the FIA. The documentation must also provide reasonable assurance that the threatening behavior will not occur again. g. Accepting work experience assignments. Participants who do not accept work experience assignments when the work experience is part of the FIA and do not demonstrate a problem or barrier that caused the failure after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1). h. Work experience interviews. Participants who do not appear for work experience interviews for a second time after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1) at the first occurrence. i. Employment and other work activity issues. Participants who do not follow up on job referrals, who refuse offers of employment or other work activity, who reduce hours of employment or other work activity, who terminate employment or other work activity, or who are discharged from employment or other work activity. (1) At the time of the occurrence, PROMISE JOBS shall send a letter to the participant. The letter shall give the participant an opportunity to resolve the issue by accepting a previously refused employment offer if available, returning to previously terminated employment, if available, obtaining comparable employment, or demonstrating a problem or barrier that caused the failure. (2) Reserved. j. Failure to secure child care. Participants who do not secure adequate child care when registered or licensed facilities are available after PROMISE JOBS sends one written reminder as described in subrule 93.13(1) and when PROMISE JOBS has provided the participant with resources for locating adequate child care. Human Services[441] Ch 93, p.28 IAC 6/10/26 k. Inappropriate use of funds. Participants for whom child care, transportation, or educational services become unavailable as a result of failure to use PROMISE JOBS funds or child care assistance funds to pay the provider or failure to provide required receipts and who do not demonstrate a problem or barrier that caused the failure after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1). l. Failure to follow training plan. Education participants who do not follow the requirements of a training plan in the FIA as described in rule 441—93.8(239B). m. Failure to renegotiate the FIA. When a participant fails to respond to the PROMISE JOBS worker’s request to renegotiate the FIA because the participant has not attained self-sufficiency by the date established in the FIA, after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1), an LBP shall be imposed regardless of whether the request to renegotiate is made before or after expiration of the FIA. 93.13(3) Choosing an LBP. a. Before determining that a participant has chosen the LBP due to a potential participation issue, the PROMISE JOBS worker shall make every effort to negotiate a solution and determine: (1) Whether the participant has a problem that provides good cause for the participation issue as described in rule 441—93.14(239B). If so, the participant shall be encouraged to take actions to fulfill the FIA. (2) Whether participant circumstances indicate that a barrier to participation exists as described in subrule 93.4(5). If so, the FIA shall be negotiated to address the barrier. b. The participant may be considered to have chosen the LBP when all of the following occur: (1) The participant is notified of a participation issue as described in subrule 93.13(1); (2) The participant does not resolve the participation issue; (3) The participant does not present acceptable evidence of a problem providing good cause for the issue as described in rule 441—93.14(239B); and (4) The participant does not present acceptable evidence of a barrier to participation as described in subrule 93.4(5) or fails to renegotiate the FIA to address the identified barrier. c. If the resolution process does not lead to fulfillment of the FIA, the case shall be referred for review. (1) The department retains control and oversees review procedures even when another agency is contracted with to provide PROMISE JOBS services. (2) Reserved. d. If the above steps do not lead to fulfillment of the FIA, the FIP participant is considered to have chosen the LBP and the notice of decision will be initiated. The notice of decision will inform the participant of: (1) The action needed to reconsider the LBP as described in 441—subparagraph 41.24(8)“d”(1) and 41.24(8)“e”(3). (2) Appeal rights under the LBP are described in rule 441—93.15(239B). [ARC 9281C, IAB 5/14/25, effective 7/1/25]

93.14(1) Problems leading to less than full participation. Problems affecting participation shall be considered to be of a temporary or incidental nature when the participation can easily be resumed. The following problems may provide good cause for participation of less than the full number of hours identified in the FIA. PROMISE JOBS may require the participant to provide verification of the problem or barrier as described in subrule 93.10(3): a. Illness of the participant. When a participant is ill more than three consecutive days or if illness is habitual, the PROMISE JOBS worker may require medical documentation of the illness. b. Illness of family member. When a participant is required in the home due to illness of another family member, the PROMISE JOBS worker may require medical documentation. c. Family emergency, using reasonable standards of an employer. d. Bad weather, using reasonable standards of an employer. Human Services[441] IAC 6/10/26 Ch 93, p.29 e. Absence or tardiness due to participant’s or spouse’s job interview. When possible, the participant shall provide notice of the interview at least 24 hours in advance including the name and address of the employer conducting the interview. When 24-hour notice is not possible, notice must be given as soon as possible and before the interview. f. Leave due to the birth of a child. When a child is born after referral, necessary absence shall be determined in accordance with the Family Leave Act of 1993 as amended to August 1, 2024. g. Court appearance. h. Attendance at school functions of the participant’s children or children in the participant’s household. i. Attendance at required meetings with the department or PROMISE JOBS. j. Absence due to up to ten holidays per year. (1) The participant must normally have been scheduled to work, or participate in an unpaid work activity on the given day and the work site or facility is closed due to a holiday, or open but the participant is allowed to take the participant’s normally scheduled hours off on a different day. (2) The holidays included are New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving, the day after Thanksgiving, and Christmas. 93.14(2) Problems leading to refusing or quitting a job or limiting or reducing hours. The following problems may provide good cause for participation issues of refusing or quitting a job or limiting or reducing hours. PROMISE JOBS may require the participant to provide verification of the problem or barrier as described in subrule 93.10(3): a. Required travel time from home to the job or available work experience or unpaid community service site exceeds one hour each way. This includes additional travel time necessary to take a child to a child care provider. b. Except as described in 441—subrule 41.25(5), work offered is at a site subject to a strike or lockout, unless the strike has been enjoined under Section 208 of the Labor-Management Relations Act (29 U.S.C. 78A, commonly known as the Taft-Hartley Act) as amended to August 1, 2024, or unless an injunction has been issued under Section 10 of the Railway Labor Act (45 U.S.C. 160) as amended to August 1, 2024. c. The work site violates applicable state or federal health and safety standards or workers’ compensation insurance is not provided. d. The job is contrary to the participant’s religious or ethical beliefs. e. The participant is required to join, resign from or refrain from joining a legitimate labor organization. f. Work requirements are beyond the mental or physical capabilities as documented by medical evidence or other reliable sources. g. Discrimination by an employer based on age, race, sex, color, disability, religion, national origin or political beliefs. h. Work demands or conditions render continued employment unreasonable, such as working without being paid on schedule. i. Circumstances beyond the control of the participant, such as interruption of regular mail delivery or other disruptions of services. j. Employment change or termination is part of the FIA. k. Job does not pay at least the minimum amount customary for the same work in the community. l. The participant terminates employment in order to take a better-paying job, even though hours of the new job may be less than those in the previous job. m. The employment would result in the family of the participant experiencing a net loss of cash income. Net loss of cash income results if the family’s gross income less necessary work-related expenses is less than the cash assistance the person was receiving at the time the offer of employment is made. Gross income includes, but is not limited to, earnings, unearned income, and cash assistance. Gross income does not include SNAP benefits and in-kind income. n. The employment changes substantially from the terms of hire, such as a change in work hours or work shift or a decrease in pay rate. Human Services[441] Ch 93, p.30 IAC 6/10/26 93.14(3) Other problems. The PROMISE JOBS worker may identify circumstances that could negatively impact the participant’s achievement of self-sufficiency that are not described in subrule 93.14(1) or 93.14(2). When this occurs, the case shall be referred to the department for a determination as to whether the problems are acceptable reasons for: a. Not participating, b. Refusing or quitting a job, or c. Discharge from employment due to misconduct as described in paragraph 93.13(2)“i.” [ARC 9281C, IAB 5/14/25, effective 7/1/25]

is entitled to appeal and to be granted a hearing over disputes regarding: (1) services being received; (2) services that have been requested and denied, reduced, canceled, or inadequately provided; and (3) overpayments of PROMISE JOBS expense payments. 93.15(1) Informal resolution process. When there is a disagreement between the participant and the immediate PROMISE JOBS worker regarding the participant’s FIA or participation in PROMISE JOBS components, the participant may request an interview with the supervisor and a decision on the dispute. The supervisor shall schedule a face-to-face interview with the participant within 7 days and issue a decision in writing within 14 days of the participant’s request. 93.15(2) Appeal on the content of the FIA. A participant shall have the right to appeal the content of the FIA when the informal resolution process described in subrule 93.15(1) does not resolve a disagreement between the participant and the PROMISE JOBS worker. 93.15(3) Appeal of an alleged violation of PROMISE JOBS program policy. Participants shall have the right to file a written appeal concerning any alleged violation of a PROMISE JOBS program policy that is imposed as a condition of participation. PROMISE JOBS shall provide the participant with written documentation that specifies the participation requirement in dispute. 93.15(4) Appeal rights under the LBP. A participant has the right to appeal the establishment of the LBP only once, at the time the department issues the timely and adequate notice that establishes the LBP. However, when the reason for the appeal is based on incorrect grant computation, an error in determining the eligible group, or another worker error, a hearing shall be granted when the appeal otherwise meets the criteria for hearing. 93.15(5) Recovery of assistance when a new LBP is established. Assistance issued pending the final decision of the appeal is not subject to recovery when a new LBP period is established. A new LBP period shall be established when the department is affirmed in a timely appeal of the establishment of the LBP. All of the following conditions shall exist: a. The appeal is filed either: (1) Before the effective date of the intended action on the notice of decision or notice of action establishing the beginning date of the LBP, or (2) Within ten days from the date on which a notice establishing the beginning date of the LBP is received. The date on which notice is received is considered to be five days after the date on the notice, unless the intended recipient shows that the recipient did not receive the notice within the five-day period. b. Assistance is continued pending the final decision of the appeal. c. The department’s action is affirmed. 93.15(6) Request for a hearing on work conditions or availability of workers’ compensation coverage. A participant who is enrolled in the PROMISE JOBS program may request a hearing if dissatisfied with working conditions, the availability of workers’ compensation coverage or the wage rate used in determining hours of work experience program participation. a. When any involved party is dissatisfied with the department’s final decision, the dissatisfied party shall be informed of the right to appeal the issue to the Secretary of Labor, Office of Administrative Law Judges, U.S. Department of Labor, within 20 days of receipt of the decision. The department may assist with the appeal upon request. b. For the purposes of this rule, the department’s final decision shall be considered received the second day after the date that the written decision was mailed, unless the intended recipient can Human Services[441] IAC 6/10/26 Ch 93, p.31 demonstrate that it was not received on the second day after the mailing date. When the second day falls on a Sunday or legal holiday, the time shall be extended to the next mail delivery day. c. The option to appeal to the Secretary of Labor does not preclude an individual from exercising any right to judicial review provided in Iowa Code chapter 17A or as described in 441—Chapter 2506. [ARC 9281C, IAB 5/14/25, effective 7/1/25; Editorial change: IAC Supplement 6/10/26]

93.16(1) Resolution process for a first LBP. For participants who choose a first LBP, the notice of decision shall inform the participant of the action needed to reconsider the LBP as described in 441—subparagraph 41.24(8)“d”(1). a. The notice of decision establishing a first LBP will inform the FIP participant that the participant may reconsider at any time from the date timely and adequate notice is issued establishing the LBP. The notice of decision will inform the participant that the participant shall contact the department or appropriate PROMISE JOBS office to reconsider the LBP. b. When the participant contacts either the income maintenance worker or the PROMISE JOBS office, the participant shall be scheduled to begin or resume development of the FIA as described elsewhere in these rules. c. When the FIA is signed, the PROMISE JOBS worker shall notify the department and the LBP shall be terminated. FIP benefits shall be effective as described in 441—subparagraph 41.24(8)“d”(1). 93.16(2) Resolution process for a subsequent LBP. The notice of decision establishing a subsequent LBP will inform the FIP participant of the six-month ineligibility period and that the participant may reconsider at any time following the six-month ineligibility period. To reconsider, the participant must complete significant contact with or action in regard to the PROMISE JOBS program as described in 441—subparagraph 41.24(8)“e”(3). a. When the six-month ineligibility period ends and the participant contacts either the income maintenance worker or the PROMISE JOBS office, the participant shall be scheduled to sign a new or updated FIA and to begin significant action as described in 441—subparagraph 41.24(8)“e”(3). b. When the FIA is signed and the participant has satisfactorily completed the significant action, the PROMISE JOBS worker shall notify the department and the LBP shall be terminated. FIP benefits shall be effective as described in 441—subparagraph 41.24(8)“e”(4). [ARC 9281C, IAB 5/14/25, effective 7/1/25]

provide a grievance procedure to address and resolve public complaints regarding the displacement of regular workers with program participants in a work experience placement. 93.17(1) The procedure shall provide that: a. Complaints must be filed in writing and received by the PROMISE JOBS service provider within one year of the alleged violation. b. A representative of the PROMISE JOBS service provider must schedule a face-to-face interview with the complainant within 7 days of the date the complaint is filed, to provide the opportunity for informal resolution of the complaint. c. Written notice of the location, date and time of the face-to-face interview must be provided. d. An opportunity must be provided to present evidence at the face-to-face interview. e. The representative of the PROMISE JOBS service provider shall issue a decision in writing within 14 days of the date a complaint is filed. f. A written explanation must be provided to all involved parties of the right to file a written appeal, according to 441—Chapter 2506, if the opportunity for informal resolution is declined, if a party receives an adverse decision from the PROMISE JOBS service provider, or if there is no decision within the 14-day period. (1) To be considered, an appeal must be filed with the department within 10 days of the mailing date of the adverse decision or within 24 days of the date a complaint is filed. (2) An appeal hearing will not be granted until informal resolution procedures have been exhausted, unless a decision has not been issued within 24 days of the complaint filing date. Human Services[441] Ch 93, p.32 IAC 6/10/26 93.17(2) The department will issue a final decision within 90 days of the date the complaint was filed with the PROMISE JOBS service provider. 93.17(3) Any dissatisfied party will be informed of the right to appeal the decision of the department to the Secretary of Labor, Office of Administrative Law Judges, U.S. Department of Labor, within 20 days of the receipt of the department’s final decision. a. For the purposes of this rule, the department’s final decision will be considered received the second day after the date that the written decision was mailed unless the intended recipient can demonstrate that it was not received on the second day after the mailing date. When the second day falls on a Sunday or legal holiday, the time shall be extended to the next mail delivery date. b. The option to appeal to the Secretary of Labor does not preclude an individual from exercising any right to judicial review as provided in Iowa Code chapter 17A or as described in 441—Chapter 2506. 93.17(4) Upon notice of a complaint or grievance, the PROMISE JOBS office must provide the complaining party with a copy of the grievance procedures, notification of the right to file a formal complaint and instruction on how to file a complaint. 93.17(5) Upon filing a complaint, and at each stage thereafter, each complainant must be notified in writing of the next step in the complaint procedure. 93.17(6) The identity of any person who has furnished information relating to, or assisting in, an investigation of a possible violation must be kept confidential to the extent possible, consistent with due process and a fair determination of the issues. 93.17(7) All employers who participate in the PROMISE JOBS program shall provide assurances that all regular employees are aware of this grievance procedure. [ARC 9281C, IAB 5/14/25, effective 7/1/25; Editorial change: IAC Supplement 6/10/26] These rules are intended to implement Iowa Code sections 239B.17 through 239B.22. [Filed emergency 6/29/89 after Notice 5/3/89—published 7/26/89, effective 7/1/89] [Filed 12/15/89, Notice 7/26/89—published 1/10/90, effective 3/1/90] [Filed 4/13/90, Notice 2/21/90—published 5/2/90, effective 7/1/90] [Filed without Notice 7/13/90—published 8/8/90, effective 10/1/90] [Filed 9/28/90, Notice 8/8/90—published 10/17/90, effective 12/1/90] [Filed 5/17/91, Notice 3/20/91—published 6/12/91, effective 8/1/91] [Filed emergency 6/14/91—published 7/10/91, effective 7/1/91] [Filed 9/18/91, Notice 7/10/91—published 10/16/91, effective 12/1/91] [Filed emergency 10/10/91 after Notice 8/21/91—published 10/30/91, effective 11/1/91] [Filed 11/15/91, Notice 9/18/91—published 12/11/91, effective 2/1/92] [Filed 4/16/92, Notice 2/19/92—published 5/13/92, effective 7/1/92] [Filed 2/10/93, Notice 1/6/93—published 3/3/93, effective 5/1/93] [Filed 6/9/93, Notice 4/14/93—published 6/23/93, effective 8/1/93] [Filed emergency 9/17/93—published 10/13/93, effective 10/1/93] [Filed emergency 11/12/93—published 12/8/93, effective 1/1/94] [Filed 12/16/93, Notice 10/13/93—published 1/5/94, effective 3/1/94] [Filed 2/10/94, Notice 12/8/93—published 3/2/94, effective 5/1/94] [Filed emergency 7/12/95 after Notice 6/7/95—published 8/2/95, effective 8/1/95] [Filed without Notice 9/25/95—published 10/11/95, effective 12/1/95] [Filed emergency 11/16/95—published 12/6/95, effective 12/1/95] [Filed emergency 1/10/96 after Notice 10/11/95—published 1/31/96, effective 2/1/96] [Filed 1/10/96, Notice 10/11/95—published 1/31/96, effective 4/1/96] [Filed emergency 6/13/96—published 7/3/96, effective 7/1/96] [Filed emergency 8/15/96 after Notice 6/19/96—published 9/11/96, effective 9/1/96] [Filed 8/15/96, Notices 5/8/96, 7/3/96—published 9/11/96, effective 11/1/96] [Filed 12/12/96, Notice 11/6/96—published 1/1/97, effective 3/1/97] [Filed emergency 1/15/97—published 2/12/97, effective 3/1/97] [Filed 4/11/97, Notice 2/12/97—published 5/7/97, effective 7/1/97] Human Services[441] IAC 6/10/26 Ch 93, p.33 [Filed 9/16/97, Notice 7/16/97—published 10/8/97, effective 11/12/97] [Filed 11/12/97, Notice 9/10/97—published 12/3/97, effective 2/1/98] [Filed emergency 6/10/98—published 7/1/98, effective 7/1/98] [Filed emergency 7/15/98 after Notice 6/3/98—published 8/12/98, effective 8/1/98] [Filed 8/12/98, Notice 7/1/98—published 9/9/98, effective 11/1/98] [Filed 3/10/99, Notice 11/18/98—published 4/7/99, effective 5/31/99] [Filed 3/10/99, Notice 11/18/98—published 4/7/99, effective 6/1/99] [Filed emergency 6/10/99—published 6/30/99, effective 7/1/99] [Filed 8/11/99, Notice 6/30/99—published 9/8/99, effective 11/1/99] [Filed 9/12/00, Notice 7/12/00—published 10/4/00, effective 12/1/00] [Filed 10/11/00, Notice 8/23/00—published 11/1/00, effective 1/1/01] [Filed 2/14/01, Notice 11/29/00—published 3/7/01, effective 5/1/01] [Filed emergency 6/13/01—published 7/11/01, effective 7/1/01] [Filed 6/13/01, Notice 4/18/01—published 7/11/01, effective 9/1/01] [Filed 9/11/01, Notice 7/11/01—published 10/3/01, effective 12/1/01] [Filed emergency 11/14/01—published 12/12/01, effective 11/14/01] [Filed 1/9/02, Notice 11/14/01—published 2/6/02, effective 4/1/02] [Filed 1/9/02, Notice 11/28/01—published 2/6/02, effective 4/1/02] [Filed 2/14/02, Notice 12/12/01—published 3/6/02, effective 5/1/02] [Filed emergency 3/14/02—published 4/3/02, effective 4/1/02] [Filed 4/10/02, Notice 11/14/01—published 5/1/02, effective 7/1/02] [Filed 5/9/02, Notice 4/3/02—published 5/29/02, effective 8/1/02] [Filed 9/22/03, Notice 7/23/03—published 10/15/03, effective 12/1/03] [Filed emergency 10/10/03—published 10/29/03, effective 11/1/03] [Filed 7/1/04, Notice 1/21/04—published 7/21/04, effective 9/1/04] [Filed 8/12/05, Notice 6/8/05—published 8/31/05, effective 11/1/05] [Filed emergency 10/21/05—published 11/9/05, effective 11/1/05] [Filed 1/12/06, Notice 11/9/05—published 2/1/06, effective 3/8/06] [Filed emergency 6/16/06—published 7/5/06, effective 7/1/06] [Filed 9/19/06, Notice 7/5/06—published 10/11/06, effective 11/16/06] [Filed emergency 7/12/07—published 8/1/07, effective 7/12/07] [Filed 10/10/07, Notice 8/1/07—published 11/7/07, effective 12/12/07] [Filed emergency 8/19/08—published 9/10/08, effective 9/1/08] [Filed 12/15/08, Notices 9/10/08, 10/22/08—published 1/14/09, effective 3/1/09] [Filed Emergency ARC 8346B, IAB 12/2/09, effective 12/1/09] [Filed ARC 8557B (Notice ARC 8347B, IAB 12/2/09), IAB 3/10/10, effective 4/14/10] [Filed ARC 1146C (Notice ARC 0914C, IAB 8/7/13), IAB 10/30/13, effective 1/1/14] [Filed ARC 1208C (Notice ARC 0999C, IAB 9/4/13), IAB 12/11/13, effective 2/1/14] [Filed ARC 1694C (Notice ARC 1588C, IAB 8/20/14), IAB 10/29/14, effective 1/1/15] [Editorial change: IAC Supplement 1/18/17] [Filed ARC 4973C (Notice ARC 4675C, IAB 9/25/19), IAB 3/11/20, effective 4/15/20] [Filed ARC 6634C (Notice ARC 6458C, IAB 8/10/22), IAB 11/2/22, effective 1/1/23] [Filed ARC 9281C (Notice ARC 8602C, IAB 12/25/24), IAB 5/14/25, effective 7/1/25] [Editorial change: IAC Supplement 6/10/26] Human Services[441] Ch 93, p.34 IAC 6/10/26

TITLE XV INDIVIDUAL AND FAMILY SUPPORT AND PROTECTIVE SERVICES CHAPTER 170 CHILD CARE SERVICES [Prior to 7/1/83, Social Services[770] Ch 132] [Previously appeared as Ch 132—renumbered IAB 2/29/84] [Prior to 2/11/87, Human Services[498]]

Chapter rescission date pursuant to Iowa Code section 17A.7: 1/1/28 Preamble

The intent of this chapter is to establish requirements for the payment of child care services. Child care services are for children of low-income parents who are in academic or vocational training, or employed or looking for employment, or unable to care for children due to physical or mental illness, or needing protective services to prevent or alleviate child abuse or neglect. Services may be provided in a licensed child care center, a registered child development home, the child’s own home, or a nonregistered family child care home. [ARC 2169C, IAB 9/30/15, effective 1/1/16; ARC 6965C, IAB 4/5/23, effective 6/1/23] 441—170.1(237A) Definitions. “Agency error” means child care assistance incorrectly paid for the client because of action attributed to the department as the result of one or more of the following circumstances: 1. Loss or misfiling of forms or documents. 2. Errors in typing or copying. 3. Computer input errors. 4. Mathematical errors. 5. Failure to determine eligibility correctly or to certify assistance in the correct amount when all essential information was available to the department. 6. Failure to make timely changes in assistance following amendments of policies that require the changes by a specific date. “Child care” means a service that provides child care in the absence of parents for a portion of the day, but less than 24 hours. Child care supplements parental care by providing care and protection for children who need care in or outside their homes for part of the day. Child care provides experiences for each child’s social, emotional, intellectual, and physical development. Child care may involve comprehensive child development care or it may include special services for a child with special needs. Components of this service shall include supervision, food services, program and activities, and may include transportation. “Child with protective needs” means a child who is in foster care or has a case file that identifies child care as a safety or well-being need to prevent or alleviate the effects of child abuse or neglect. Child care is provided as part of a safety plan during a child abuse or child in need of assistance assessment or as part of the service plan established in the family’s case plan. The child must have: 1. An open child abuse assessment; 2. An open child in need of assistance assessment; 3. An open child welfare case as a result of a child abuse assessment; 4. A petition on file for a child in need of assistance adjudication; or 5. Adjudication as a child in need of assistance. “Child with special needs” means a child with one or more of the following conditions: 1. The child has been diagnosed by a physician or by a person endorsed for service as a school psychologist by the Iowa department of education to have a developmental disability which substantially limits one or more major life activities, and the child requires professional treatment, assistance in self-care, or the purchase of special adaptive equipment. Human Services[441] IAC 6/10/26 Ch 170, p.1

2. The child has been determined by a qualified intellectual disability professional as defined in rule 441—83.60(249A) to have a condition which impairs the child’s intellectual and social functioning. 3. The child has been diagnosed by a mental health professional as defined in rule 441—24.1(225C) to have a behavioral or emotional disorder characterized by situationally inappropriate behavior which deviates substantially from behavior appropriate to the child’s age, or which significantly interferes with the child’s intellectual, social, or personal adjustment. “Client” means a current or former recipient of the child care assistance program. “Client error” means and may result from: 1. False or misleading statements, oral or written, regarding the client’s income, resources, or other circumstances which affect eligibility or the amount of assistance received; 2. Failure to timely report changes in income, resources, or other circumstances which affect eligibility or the amount of assistance received; 3. Failure to timely report the receipt of child care units in excess of the number approved by the department; 4. Failure to comply with the need for service requirements. “Department” means the Iowa department of human services. “Food services” means the preparation and serving of nutritionally balanced meals and snacks. “Fraudulent means” means knowingly making or causing to be made a false statement or a misrepresentation of a material fact, knowingly failing to disclose a material fact, or committing a fraudulent practice. “In-home” means care which is provided within the child’s own home. “Migrant seasonal farm worker” means a person to whom all of the following conditions apply: 1. The person performs seasonal agricultural work which requires travel so that the person is unable to return to the person’s permanent residence within the same day. 2. Most of the person’s income is derived from seasonal agricultural work performed during the months of July through October. Most shall mean the simple majority of the income. 3. The person generally performs seasonal agricultural work in Iowa during the months of July through October. “On-line or distance learning” means training such as, but not limited to, training conducted over the Iowa communications network, on-line courses, or web conferencing. The training includes: 1. Interaction between the instructor and the student, such as required chats or message boards; 2. Mechanisms for evaluation and measurement of student achievement. “Overpayment” means any benefit or payment received in an amount greater than the amount the client or provider is entitled to receive. “Parent” means the parent or the person who serves in the capacity of the parent of the child receiving child care assistance services. “Program and activities” means the daily schedule of experiences in a child care setting. “PROMISE JOBS” means the department’s work and training program, promoting independence and self-sufficiency through employment job opportunities and basic skills, as described in 441—Chapter 93. “Provider” means a licensed child care center, a registered child development home, a caretaker who provides care for a child in the child’s home, or a nonregistered child care home. “Provider error” means and may result from: 1. Presentation for payment of any false or fraudulent claim for services or merchandise; 2. Submittal of false information for the purpose of obtaining greater compensation than that to which the provider is legally entitled; 3. Failure to report the receipt of a child care assistance payment in excess of that approved by the department; 4. Charging the department an amount for services rendered over and above what is charged private pay clients for the same services; 5. Failure to maintain a copy of Form 470-4535 signed by the parent and the provider. “Recoupment” means the repayment of an overpayment by a payment from the client or provider or both. Human Services[441] Ch 170, p.2 IAC 6/10/26

“Supervision” means the care, protection, and guidance of a child. “Transportation” means the movement of children in a four or more wheeled vehicle designed to carry passengers, such as a car, van, or bus, between home and facility. “Unit of service” means a half day which shall be up to 5 hours of service per 24-hour period. “Vocational training or education” means a training plan which includes a specific goal, that is, high school completion, improved English skills, or development of specific academic or vocational skills. Training may be approved for high school completion activities, high school equivalency, adult basic education, English as a second language, or postsecondary education, up to and including an associate or a baccalaureate degree program. [ARC 8506B, IAB 2/10/10, effective 3/1/10; ARC 9651B, IAB 8/10/11, effective 10/1/11; ARC 1525C, IAB 7/9/14, effective 7/1/14; ARC 1606C, IAB 9/3/14, effective 10/8/14; ARC 2169C, IAB 9/30/15, effective 1/1/16; ARC 2555C, IAB 6/8/16, effective 7/1/16; ARC 6965C, IAB 4/5/23, effective 6/1/23] 441—170.2(237A,239B) Eligibility requirements. A person deemed eligible for benefits under this chapter is subject to all other state child care assistance requirements including, but not limited to, provider requirements under Iowa Code chapter 237A and provider reimbursement methodology. The department shall determine the number of units of service to be approved. 170.2(1) Financial eligibility. Financial eligibility for child care assistance shall be based on federal poverty levels as determined by the Office of Management and Budget and on Iowa’s median family income as determined by the U.S. Census Bureau. Poverty guidelines and median family income amounts are updated annually. Changes shall go into effect for the child care assistance program on July 1 of each year. a. Income limits. (1) For initial eligibility, an applicant family’s nonexempt gross monthly income as established in paragraph 170.2(1)“c” cannot exceed the amounts in this subparagraph. 1. 160 percent of the federal poverty level applicable to the family size for children needing basic care; or 2. 200 percent of the federal poverty level applicable to the family size for children needing special- needs care; or 3. 85 percent of Iowa’s median family income, if that figure is lower than the standard in numbered paragraph “1” or “2.” (2) For ongoing eligibility, at the time of a family’s annual eligibility redetermination as described in subrule 170.3(5), if the family’s nonexempt gross monthly income as established in paragraph 170.2(1)“c” exceeds the amounts in subparagraph 170.2(1)“a”(1), the family may continue to be eligible as long as the family’s nonexempt gross monthly income does not exceed the amounts in this subparagraph. 1. 225 percent of the federal poverty level applicable to the family size for children needing basic care or special-needs care; or 2. 85 percent of Iowa’s median family income, if that figure is lower than the standard in numbered paragraph “1.” (3) For ongoing eligibility, at the time of a family’s annual eligibility redetermination as described in subrule 170.3(5), if the family’s nonexempt gross monthly income as established in paragraph 170.2(1)“c” exceeds the amounts in subparagraphs 170.2(1)“a”(1) and 170.2(1)“a”(2), the family may continue to be eligible as long as the family’s nonexempt gross monthly income does not exceed the amounts in this subparagraph. 1. 250 percent of the federal poverty level applicable to the family size for children needing basic care; or 2. 275 percent of the federal poverty level applicable to the family size for children needing special- needs care. b. Exceptions to income limits. (1) A person who is participating in activities approved under the PROMISE JOBS program is eligible for child care assistance without regard to income if there is a need for child care services. Human Services[441] IAC 6/10/26 Ch 170, p.3

(2) A person who is part of the family investment program or whose earned income was taken into account in determining the needs of a family investment program recipient is eligible for child care assistance without regard to income if there is a need for child care services. (3) Protective child care services are provided without regard to income. (4) In certain cases, the department will provide child care services directed in a court order. (5) Child care services for licensed foster parents who need child care for foster children are provided without regard to income. c. Determining gross income. Eligibility shall be determined using a projection of income based on the best estimate of future income. In determining a family’s gross monthly income, the department shall consider all income received by a family member from sources identified by the U.S. Census Bureau in computing median income, unless excluded under paragraph 170.2(1)“d.” (1) Income considered shall include wages or salary, net profit from farm or nonfarm self- employment, social security, dividends, interest, income from estates or trusts, net rental income and royalties, public assistance or welfare payments, pensions and annuities, unemployment compensation, workers’ compensation, alimony, child support, veterans pensions, cash payments, casino profits, railroad retirement, permanent disability insurance, strike pay and living allowance payments made to participants of the AmeriCorps program. “Net profit from self-employment” means gross income less the costs of producing the income other than depreciation. A net loss in self-employment income cannot be offset from other earned or unearned income. (2) For migrant seasonal farm workers, the monthly gross income shall be determined by calculating the total amount of income earned in a 12-month period preceding the date of application and dividing the total amount by 12. (3) When income received weekly or once every two weeks is projected for future months, income shall be projected by adding all income received in the period being used for the projection and dividing the result by the number of instances of income received in that period. The result shall be multiplied by four if the income is received weekly, or by two if the income is received biweekly, regardless of the number of weekly or biweekly payments to be made in future months. d. Income exclusions. The following sources are excluded from the computation of monthly gross income: (1) Per capita payments from or funds held in trust in satisfaction of a judgment of the Indian Claims Commission or the court of claims. (2) Payments made pursuant to the Alaska Claims Settlement Act, to the extent the payments are exempt from taxation under Section 21(a) of the Act. (3) Money received from the sale of property, unless the person was engaged in the business of selling property. (4) Withdrawals of bank deposits. (5) Money borrowed. (6) Tax refunds. (7) Gifts. (8) Lump-sum inheritances or insurance payments or settlements. (9) Capital gains. (10) The value of the Supplemental Nutrition Assistance Program (SNAP) allotment under the Food and Nutrition Act of 2008. (11) The value of USDA donated foods. (12) The value of supplemental food assistance under the Child Nutrition Act of 1966 and the special food program for children under the National School Lunch Act. (13) Earnings of a child 14 years of age or younger. (14) Loans and grants obtained and used under conditions that preclude their use for current living expenses. (15) Any grant or loan to any undergraduate student for educational purposes made or insured under the Higher Education Act. (16) Home produce used for household consumption. Human Services[441] Ch 170, p.4 IAC 6/10/26

(17) Earnings received by any youth under the Workforce Investment Act (WIA). (18) Stipends received for participating in the foster grandparent program. (19) The first $65 plus 50 percent of the remainder of income earned in a sheltered workshop or work activity setting. (20) Payments from the Low-Income Home Energy Assistance Program. (21) Agent Orange settlement payments. (22) The income of the parents with whom a teen parent resides. (23) For children with special needs, income spent on any regular ongoing cost that is specific to that child’s disability. (24) Moneys received under the federal Social Security Persons Achieving Self-Sufficiency (PASS) program or the Income-Related Work Expense (IRWE) program. (25) Income received by a Supplemental Security Income recipient if the recipient’s earned income was considered in determining the needs of a family investment program recipient. (26) The income of a child who would be in the family investment program eligible group except for the receipt of Supplemental Security Income. (27) Any adoption subsidy payments received from the department. (28) Federal or state earned income tax credit. (29) Payments from the Iowa individual assistance grant program (IIAGP). (30) Payments from the transition to independence program (TIP). (31) Payments to volunteers participating in the Volunteers in Service to America (VISTA) program. Exception: This exemption will not be applied when the director of ACTION determines that the value of all VISTA payments, adjusted to reflect the number of hours the volunteer is serving, is equivalent to or greater than the minimum wage then in effect under the Fair Labor Standards Act of 1938 or the minimum wage under the laws of the state where the volunteer is serving, whichever is greater. (32) Reimbursement from the employer for job-related expenses. (33) Stipends from the preparation for adult living (PAL) program. (34) Payments from the subsidized guardianship waiver program. (35) The earnings of a child aged 18 or under who is a full-time student. (36) Census earnings received by temporary workers from the Bureau of the Census. (37) Payments for major disaster and emergency assistance provided under the Disaster Relief Act of 1974 as amended by Public Law 100-707, the Disaster Relief and Emergency Assistance Amendments of 1988. e. Family size. The following people shall be included in the family size for the determination of eligibility: (1) Legal spouses (including common law) who reside in the same household. (2) Natural mother or father, adoptive mother or father, or stepmother or stepfather, and children who reside in the same household. (3) A child or children who live with a person or persons not legally responsible for the child’s support. f. Effect of temporary absence. The composition of the family does not change when a family member is temporarily absent from the household. “Temporary absence” means: (1) An absence for the purpose of education or employment. (2) An absence due to medical reasons that is anticipated to last less than three months. (3) Any absence when the person intends to return home within three months. g. Resource limits. For initial and ongoing eligibility, family resources may not exceed $1 million. 170.2(2) General eligibility requirements. In addition to meeting financial requirements, the child needing services must meet age, citizenship, and residency requirements. Each parent in the household must have at least one need for service and shall cooperate with the department’s quality control review and with investigations conducted by the department of inspections and appeals. a. Age. Child care shall be provided only to children up to age 13, unless they are children with special needs, in which case child care shall be provided up to age 19. When a child reaches the age of 13, Human Services[441] IAC 6/10/26 Ch 170, p.5

or, as applicable, the age of 19, during the certification period, eligibility shall continue until the end of the approved certification period. b. Need for service. Except for assistance provided under subparagraph 170.2(2)“b”(3), assistance shall be provided to a two-parent family only during the parents’ coinciding hours of participation in training, employment, or job search unless one parent is permanently disabled as described in subparagraph 170.2(2)“b”(4). Each parent in the household shall meet one or more of the following requirements: (1) The parent is in academic or vocational training. Training shall be on a full-time basis. The training facility shall define what is considered as full-time. Part-time training may be approved only if the number of credit hours to complete training is less than that required for full-time status, the required prerequisite credits or remedial course work is less than that required for full-time status, or training is not offered on a full-time basis. Child care services may be provided for the parent’s hours of participation in the academic or vocational training and for actual travel time between the child care location and the training facility. 1. Child care provided while the parent participates in postsecondary education leading up to and including a baccalaureate degree program or vocational training shall be limited to a 24-month lifetime limit. A month is defined as a fiscal month or part thereof and shall generally have starting and ending dates that fall within two adjacent calendar months but shall only count as one month. Time spent in high school completion, adult basic education, high school equivalency, or English as a second language does not count toward the 24-month limit. PROMISE JOBS child care allowances provided while the parent is a recipient of the family investment program and participating in PROMISE JOBS components in postsecondary education or training shall count toward the 24-month lifetime limit. 2. Payment shall not be approved for child-care during training in the following circumstances: Labor market statistics for a local area indicate low employment potential for workers with that training. Exceptions may be made when the parent has a job offer before entering the training or if a parent is willing to relocate after training to an area where there is employment potential. Parents willing to relocate must provide documentation from the department of workforce development, private employment agencies, or employers that jobs paying at least minimum wage for which training is being requested are available in the locale specified by the parent. The training is for jobs paying less than minimum wage. A parent who possesses a baccalaureate degree wants to take additional college coursework unless the coursework is to obtain a teaching certificate or complete continuing education units. The course or training is one that the parent has previously completed. The parent was previously unable to maintain the cumulative grade point average required by the training or academic facility in the same training for which application is now being made. This does not apply to parents under the age of 18 who are enrolled in high school completion activities. The education is in a field in which the parent will not be able to be employed due to known criminal convictions or founded child or dependent adult abuse. The parent wants to participate in on-line or distance learning from the parent’s own home, and the training facility does not require specified hours of attendance. (2) The parent is employed 32 or more hours per week (28 hours per week if the family includes a special needs child) or an average of 32 or more hours per week (28 hours per week if the family includes a special needs child) during the month. Child care services may be provided for the hours of employment and for actual travel time between the child care location and the place of employment. If the parent works a shift consisting of at least six hours of employment between the hours of 8 p.m.

and 6 a.m.

and needs to sleep during daytime hours, child care services may also be provided to allow the parent to sleep during daytime hours. (3) The parent has a child with protective needs for child care. (4) The parent is absent from the home due to inpatient hospitalization or outpatient treatment because of physical or mental illness, or is present but due to medical incapacity is unable to care for the child or participate in work or training, as verified by a physician. Human Services[441] Ch 170, p.6 IAC 6/10/26 • •• •• • •

1. Eligibility under this paragraph is limited to parents who become temporarily medically incapacitated, or to instances of one parent in a two-parent household being permanently disabled, while eligible for child care assistance based on the need criteria in subparagraph 170.2(2)“b”(1) or 170.2(2)“b” (2). 2. Child care assistance shall continue to be available for up to 90 consecutive days after the parent becomes medically incapacitated. Assistance beyond 90 days may be approved by the service area manager or designee if extenuating circumstances are verified by a physician. 3. The number of units of service authorized shall be determined as follows: For a single-parent family, the number of units authorized for the period of incapacity shall not exceed the number of units authorized for the family before the onset of incapacity. For a two-parent family where one parent is temporarily incapacitated, the units of service authorized shall be based on the need of the parent who is not incapacitated. For a two-parent family, if one of the parents has a permanent disability and is unable to care for the child or participate in work or training, the disabled parent does not need to meet another need for service requirement. The units of service authorized shall be based only on the need of the parent who is not disabled. (5) The parent is looking for employment. Child care for job search hours shall be limited to only those hours the parent is actually looking for employment, including travel time. Job search shall be limited to a maximum of 90 consecutive calendar days. 1. For applicants, job search shall be approved for a maximum of 90 consecutive calendar days. If the parent has not started employment within 90 days, assistance shall be canceled. 2. For ongoing participants, job search shall be limited to a maximum of 90 consecutive calendar days and will be treated the same as a temporary lapse in need as described at subparagraphs 170.2(2)“b”(10) and (11). (6) The parent needs child care services due to participation in activities approved under the PROMISE JOBS program. (7) The family is part of the family investment program and there is a need for child care services due to employment or participation in vocational training or education. A family who meets this requirement due to employment is not required to work a minimum number of hours. If a parent in a family investment program household remains in the home, child care assistance can be paid if that parent receives Supplemental Security Income. (8) The parent is employed and participating in academic or vocational training for 32 or more hours per week (28 hours per week if the family includes a special needs child) or an average of 32 or more hours per week (28 hours per week if the family includes a special needs child) in the aggregate, during the month. Child care services may be provided for the hours of employment, the hours of participation in academic or vocational training and for actual travel time between the child care location and the place of employment or training. All of the requirements relating to academic or vocational training found at subparagraph 170.2(2)“b”(1), except for the requirement to be enrolled full-time, apply to the part-time training in this subparagraph. (9) The parent is a licensed foster parent who needs child care for foster children. (10) Family eligibility shall continue during an approved certification period when a temporary lapse in need for service for a parent established under this subparagraph occurs. A temporary lapse is defined as: 1. Any time-limited absence from work or a training or education program for a parent due to: Need to care for a family member. An illness. Maternity leave. Family Medical Leave Act (FMLA) situations for household members. Participation in a treatment/rehabilitation program. 2. Any reduction in employment or education/training hours that fall below the minimum number required at 170.2(2)“b”(1), (2) or (8) as long as the parent continues to work or attend training or education. 3. Any student holiday or break for a parent participating in training or education. Human Services[441] IAC 6/10/26 Ch 170, p.7 • • • •••••

4. Any interruption in work for a seasonal worker who is not working between regular industry work seasons. 5. Any other cessation of work or attendance at a training or education program that does not exceed three months. (11) Family eligibility shall be canceled if the lapse in need is not temporary because the lapse will continue for more than 3 consecutive months. c. Residency. To be eligible for child care services, the person must be living in the state of Iowa. “Living in the state” shall include those persons living in Iowa for a temporary period, other than for the purpose of vacation. d. Citizenship. As a condition of eligibility, the applicant shall attest to the child’s citizenship or alien status by signing Form 470-3624 or 470-3624(S) or Form 470-0462 or 470-0462(S). Child care assistance payments may be made only for a child who: (1) Is a citizen or national of the United States; or (2) Is a qualified alien as defined at 8 U.S.C. Section 1641. The applicant shall furnish documentation of the alien status of any child declared to be a qualified alien. A child who is a qualified alien is not eligible for child care assistance for a period of five years beginning on the date of the child’s entry into the United States with qualified alien status. Exception: The five-year prohibition from receiving assistance does not apply to: 1. Qualified aliens described at 8 U.S.C. Section 1613; or 2. Qualified aliens as defined at 8 U.S.C. Section 1641 who entered the United States before August 22, 1996. e. Cooperation. Parents shall cooperate with the department when the department selects the family’s case for quality control review to verify eligibility. Parents shall also cooperate with investigations conducted by the department of inspections and appeals to determine whether information supplied by the parent regarding eligibility for child care assistance is complete and correct. (See 481—Chapter 72.) (1) Failure to cooperate shall serve as a basis for cancellation or denial of the family’s child care assistance. (2) Once denied or canceled for failure to cooperate, the family may reapply but shall not be considered for approval until cooperation occurs. 170.2(3) Priority for assistance. Child care services shall be provided only when funds are available. Funds available for child care assistance shall first be used to continue assistance to families currently receiving child care assistance and to families with protective child care needs or licensed foster parents who need child care for foster children. When funds are insufficient, families applying for services must meet the specific requirements in this subrule. a. Priority groups. As funds are determined available, families shall be served on a statewide basis from a service-area-wide waiting list as specified in subrule 170.3(4) based on the following schedule in descending order of prioritization. (1) Families with an income at or below 100 percent of the federal poverty level whose members, for at least 32 hours per week in the aggregate, are employed or are participating at a satisfactory level in an approved training program or educational program, and parents with a family income at or below 100 percent of the federal poverty level who are under the age of 21 and are participating in an educational program leading to a high school diploma or equivalent. (2) Parents under the age of 21 with a family income at or below 100 percent of the federal poverty guidelines who are participating, at a satisfactory level, in an approved training program or in an education program. (3) Families with an income of more than 100 percent but not more than 160 percent of the federal poverty guidelines whose members, for at least 32 hours per week in the aggregate, are employed or are participating at a satisfactory level in an approved training program or educational program. (4) Families with an income at or below 200 percent of the federal poverty guidelines whose members are employed at least 28 hours per week with a special-needs child as a member of the family. Human Services[441] Ch 170, p.8 IAC 6/10/26

b. Exceptions to priority groups. The following are eligible for child care assistance notwithstanding waiting lists for child care services: (1) Families with protective child care needs. (2) Recipients of the family investment program or those whose earned income was taken into account in determining the needs of family investment program recipients. (3) Families that receive a state adoption subsidy for a child. (4) Families that are experiencing homelessness. (5) Licensed foster parents who need child care for foster children. c. Effect on need for service. Families approved under a priority group are not required to meet the requirements in paragraph 170.2(2)“b” except at review or redetermination. 170.2(4) Reporting changes. The parent may report any changes in circumstances affecting these eligibility requirements and changes in the choice of provider to the department worker or the PROMISE JOBS worker within ten calendar days of the change. a. If the change is timely reported within ten calendar days, the effective date of the change shall be the date when the change occurred. b. If the change is not timely reported within ten calendar days, the effective date of the change shall be the date when the change is reported to the department office or the PROMISE JOBS office. c. Exceptions. The following changes must be reported: (1) Changes in income when the family’s gross monthly income exceeds 85 percent of Iowa’s median family income. (2) A lapse in a parent’s need for service found in paragraph 170.2(2)“b” that is not temporary. (3) A change in residency outside of the state of Iowa. (4) No eligible child remains in the home. d. The department worker shall disregard any reported changes that are not required to be reported unless the change would cause the authorized units to be increased or the family copay amount to be decreased. [ARC 8506B, IAB 2/10/10, effective 3/1/10; ARC 9651B, IAB 8/10/11, effective 10/1/11; ARC 1525C, IAB 7/9/14, effective 7/1/14; ARC 1606C, IAB 9/3/14, effective 10/8/14; ARC 2555C, IAB 6/8/16, effective 7/1/16; ARC 3092C, IAB 6/7/17, effective 7/1/17; ARC 3791C, IAB 5/9/18, effective 7/1/18; ARC 4470C, IAB 6/5/19, effective 7/1/19; ARC 5035C, IAB 5/6/20, effective 7/1/20; ARC 6309C, IAB 5/4/22, effective 7/1/22; ARC 6565C, IAB 10/5/22, effective 10/1/22; ARC 6965C, IAB 4/5/23, effective 6/1/23; ARC 8741C, IAB 1/8/25, effective 2/12/25] 441—170.3(237A,239B) Application and determination of eligibility. 170.3(1) Application process. a. Application for child care assistance may be made at any local office of the department on: (1) Form 470-3624 or 470-3624(S), or (2) Form 470-4377 or 470-4377(S), when returned after the end of the certification period. b. The application may be filed by the applicant, by the applicant’s authorized representative or, when the applicant is incompetent or incapacitated, by a responsible person acting on behalf of the applicant. c. The date of application is the date a signed application form containing a legible name and address is received in the department office. An electronic or paper application delivered to a closed office is considered to be received on the first day following the day the office was last open that is not a weekend or state holiday. d. Families who are determined eligible for child care assistance shall be approved for a certification period of at least 12 months. Families who fail to complete the review and redetermination process as described at subrule 170.3(5) will lose eligibility at the end of the certification period. 170.3(2) Exceptions to application requirement. An application is not required for: a. A person who is participating in activities approved under the PROMISE JOBS program. b. Recipients of the family investment program or those whose earned income was taken into account in determining the needs of family investment program recipients. The date of application is the date the family requests child care assistance from the department. c. Children with protective needs. Human Services[441] IAC 6/10/26 Ch 170, p.9

d. Child care services provided under a court order. e. Families whose application has been denied for failure to provide requested information who have provided all necessary information to determine eligibility within 14 days of the denial of the application, or by the next working day if the fourteenth day falls on a weekend or state holiday. f. Licensed foster parents who need child care for foster children. 170.3(3) Application processing. The department shall approve or deny an application as soon as possible, but no later than 30 days following the date the application was received. This time limit shall apply except in unusual circumstances, such as when the department and the applicant have made every reasonable effort to secure necessary information that has not been supplied by the date the time limit expires, or because of emergency situations, such as fire, flood or other conditions beyond the administrative control of the department. a. The department worker or PROMISE JOBS worker shall determine the number of units of service authorized for each eligible family and shall: (1) Inform the family through the notice of decision; and (2) Inform the family’s provider through the notice of decision or through Form 470-4444. b. The department shall issue a written notice of decision to the applicant by the next working day following a determination of eligibility. c. The effective date of assistance shall be the date of application or the date the need for service began, whichever is later. When an application is not required as described under subrule 170.3(2), the effective date shall be as follows: (1) For a person participating in activities under the PROMISE JOBS program, the effective date of child care assistance shall be the date the person becomes a PROMISE JOBS participant as defined in rule 441—93.1(239B) or the date the person has a need for child care assistance to participate in an approved PROMISE JOBS activity as described in 441—Chapter 93, whichever is later. (2) For a family receiving family investment program benefits, the effective date of child care assistance shall be no earlier than the effective date of family investment program benefits, or 30 days before the date of application for child care assistance, or the date the need for service began, whichever is the latest. (3) For a family with protective service needs, the effective date of assistance shall be the date the family signs Form 470-0615 or 470-0615(S). (4) When child care services are provided under a court order, the effective date of assistance shall be the date specified in the court order or the date of the court order if no date is specified. (5) For a family whose application was denied for failure to provide requested information but who provides all information necessary to determine eligibility, including verification of all changes in circumstances, within 14 days of the denial, the effective date of assistance shall be the date that all information required to establish eligibility is provided. If the fourteenth calendar day falls on a weekend or state holiday, the family shall have until the next business day to provide the information. 170.3(4) Waiting lists for child care services. When the department has determined that there may be insufficient funding, applications for child care assistance shall be taken only for the priority groups for which funds have been determined available according to subrule 170.2(3). a. The department shall maintain a log of families applying for child care services that meet the requirements within the priority groups for which funds may be available. (1) Each family shall be entered on the logs according to their eligibility priority group and in sequence of their date of application. (2) If more than one application is received on the same day for the same priority group, families shall be entered on the log based on the day of the month of the birthday of the oldest eligible child. The lowest numbered day shall be first on the log. Any subsequent tie shall be decided by the month of birth, January being month one and the lowest number. b. When the department determines that there is adequate funding, the department shall notify the public regarding the availability of funds. 170.3(5) Review and redetermination. The department shall redetermine a family’s financial and general eligibility for child care assistance at least every 12 months. Exception: The department shall Human Services[441] Ch 170, p.10 IAC 6/10/26

redetermine only general eligibility for recipients of the family investment program (FIP), persons whose earned income was taken into account in determining the needs of FIP recipients, and parents who have children with protective needs, because these families are deemed financially eligible so long as the FIP eligibility or need for protective services continues. a. If FIP or protective services eligibility ends, the department shall redetermine financial and general eligibility for child care assistance according to the requirements in rule 441—170.2(237A,239B). The redetermination of eligibility shall be completed within 30 days. b. The department shall use information gathered on Form 470-4377 or 470-4377(S) to redetermine eligibility, except when the family is not required to complete a review form as provided in paragraph 170.3(5)“c.” (1) The department shall issue a notice of expiration for the child care assistance certification period on Form 470-4377 or 470-4377(S). (2) If the family does not return a complete review form to the department by the end of the certification period, the family must reapply for benefits, except as provided in paragraph 170.3(6)“b.” A complete review form is Form 470-4377 or 470-4377(S) with all items answered that is signed and dated by the applicant and is accompanied by all verification needed to determine continued eligibility. c. Families who have children with protective needs, licensed foster parents who need child care for foster children, and families who are receiving child care assistance because the parent is participating in activities under the PROMISE JOBS program are not required to complete Form 470-4377 or 470-4377(S). (1) The department shall issue a notice of expiration for the child care assistance certification period on the notice of decision when the department approves the family’s certification period. (2) The department shall gather information needed to redetermine general eligibility. If the department needs information from the family, the department will send a written request to the family. If the family does not return the requested information by the due date, the family must reapply for child care assistance, except as provided in paragraph 170.3(6)“b.” d. Families who apply for child care assistance because the parent is seeking employment are not subject to review requirements because eligibility is limited to 90 consecutive calendar days. This waiver of the review requirement applies only when the parent who is seeking employment does not have another need for service. 170.3(6) Reinstatement. a. Assistance shall be reinstated without a new application when all necessary information is provided before the effective date of cancellation and eligibility can be reestablished. If there is a change in circumstances, the change must be verified before the case will be reinstated. b. Assistance shall be reinstated without a new application when the case was canceled for failure to provide requested information but all information necessary to determine eligibility, including verification of all changes in circumstances, is provided within 14 calendar days of the effective date of cancellation and eligibility can be reestablished. If the fourteenth calendar day falls on a weekend or state holiday, the family shall have until the next business day to provide the information. The effective date of child care assistance shall be the date that all information required to establish eligibility is provided. [ARC 8506B, IAB 2/10/10, effective 3/1/10; ARC 9651B, IAB 8/10/11, effective 10/1/11; ARC 2555C, IAB 6/8/16, effective 7/1/16; ARC 3092C, IAB 6/7/17, effective 7/1/17; ARC 6965C, IAB 4/5/23, effective 6/1/23] 441—170.4(237A) Elements of service provision. 170.4(1) Case file. The child welfare case file shall document the eligibility for service under 170.2(2)“b”(3). 170.4(2) Fees. Fees for services received shall be charged to clients according to the schedules in this subrule, except that fees shall not be charged to clients receiving services without regard to income. For families whose eligibility is established in subparagraphs 170.2(1)“a”(1) and 170.2(1)“a”(2), the fee is a per-unit charge that is applied to the child in the family who receives the largest number of units of service. The fee shall be charged for only one child in the family, regardless of how many children receive assistance. For families whose eligibility is established in subparagraph 170.2(1)“a”(3), the fee is a percentage of the cost of child care for each child in the family who receives service. a. Sliding fee schedule. Human Services[441] IAC 6/10/26 Ch 170, p.11

(1) For families whose eligibility is established in subparagraphs 170.2(1)“a”(1) and 170.2(1)“a”(2), the child care assistance (CCA) and CCA plus programs fee schedule, dated July 2024, found on the department’s website is effective for eligibility determinations made on or after July 1, 2024. (2) For families whose eligibility is established in subparagraph 170.2(1)“a”(3), the CCA exit program fee schedule, dated July 2024, found on the department’s website is effective for eligibility determinations made on or after July 1, 2024. b. Collection. The provider shall collect fees from clients. (1) The provider shall maintain records of fees collected. These records shall be available for audit by the department or its representative. (2) When a client does not pay the fee, the provider shall demonstrate that a reasonable effort has been made to collect the fee. “Reasonable effort to collect” means an original billing and two follow-up notices of nonpayment. c. Inability of client to pay fees. Child care assistance may be continued without a fee, or with a reduced fee, when a client reports in writing the inability to pay the assessed fee due to the existence of one or more of the conditions set forth below. Before reducing the fee, the worker shall assess the case to verify that the condition exists and to determine whether a reduced fee can be charged. The reduced fee shall then be charged until the condition justifying the reduced fee no longer exists. Reduced fees may be justified by: (1) Extensive medical bills for which there is no payment through insurance coverage or other assistance. (2) Shelter costs that exceed 30 percent of the household income. (3) Utility costs not including the cost of a telephone that exceed 15 percent of the household income. (4) Additional expenses for food resulting from diets prescribed by a physician. 170.4(3) Method of provision. Parents shall be allowed to exercise their choice for in-home care, except when the parent meets the need for service under subparagraph 170.2(2)“b”(3), as long as the conditions in paragraph 170.4(7)“d” are met. When the child meets the need for service under 170.2(2)“b” (3), parents shall be allowed to exercise their choice of licensed, registered, or nonregistered child care provider except when the department service worker determines it is not in the best interest of the child. The provider must meet one of the applicable requirements set forth below. a. Licensed child care center. A child care center shall be licensed by the department to meet the requirements set forth in 441—Chapter 109 and shall have a current Form 470-0618. b. Registered child development home. A child development home shall meet the requirements for registration set forth in 441—Chapter 110 and shall have a current Form 470-3498. c. Out-of-state provider. A child care provider who is not located in Iowa may be selected by the parent so long as the out-of-state child care provider verifies that the provider meets all of the requirements to be a provider in the state in which the provider operates. d. Relative care. Rescinded IAB 2/6/02, effective 4/1/02. e. In-home care. The adult provider selected by the parent to provide care in the child’s own home shall be sent Form 470-2890 or 470-2890(S). The provider shall complete and sign Form 470-2890 or 470-2890(S) and return the form to the department before payment may be made. An identifiable application is an application that contains a legible name and address and that has been signed. Signature on the form certifies the provider’s understanding of and compliance with the conditions and requirements for nonregistered in-home care providers that include: (1) Professional development. The provider shall complete: 1. Prior to provider agreement and every five years thereafter, minimum health and safety trainings, approved by the department, in the following content areas: Prevention and control of infectious disease, including immunizations. Prevention of sudden infant death syndrome and use of safe sleep practices. Administration of medication, consistent with standards for parental consent. Prevention of and response to emergencies due to food and allergic reactions. Building and physical-premises safety, including identification of and protection from hazards that can cause bodily injury, such as electrical hazards, bodies of water, and vehicular traffic. Prevention of shaken baby syndrome and abusive head trauma. Human Services[441] Ch 170, p.12 IAC 6/10/26 ••••• •

Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event. Handling and storage of hazardous materials and appropriate disposal of biocontaminants. Precautions in transporting children.

Minimum health and safety training may be required prior to the five-year period if content has significant changes which warrant that the training be renewed. 2. Prior to provider agreement, two hours of Iowa’s training for mandatory reporting of child abuse. 3. Prior to provider agreement, first-aid and cardiopulmonary resuscitation (CPR) training meeting the following requirements: Training shall be provided by a nationally recognized training organization, such as the American Red Cross, American Heart Association, National Safety Council, American Safety and Health Institute or MEDIC First Aid or by an equivalent trainer using curriculum approved by the department. First-aid training shall include certification in infant and child first aid. The provider shall maintain a valid certificate indicating the date of first-aid training and the expiration date. The provider shall maintain a valid certificate indicating the date of CPR training and the expiration date. (2) Limits on the number of children for whom care may be provided. (3) Unlimited parental access to the child or children during hours when care is provided, unless prohibited by court order. (4) Conditions that warrant nonpayment. f. Nonregistered family child care home. A nonregistered child care home shall meet the requirements set forth in 441—Chapter 120. g. Iowa records checks for in-home care. If a person who provides in-home care applies to receive public funds as reimbursement for providing child care for eligible clients, the provider shall complete and submit the required authorization form(s) to the department. The department shall use the form(s) to conduct Iowa criminal history record and child abuse record checks. (1) The purpose of these checks is to determine whether the person has committed a transgression that prohibits or limits the person’s involvement with child care. (2) The department may also conduct criminal and child abuse record checks in other states and may conduct dependent adult abuse, sex offender registry, and other public or civil offense record checks in Iowa or in other states. (3) Records checks shall be repeated every two years and when the department or provider becomes aware of any new transgressions. h. National criminal history record checks for in-home care. If a person who provides in-home care applies to receive public funds as reimbursement for providing child care for eligible clients, the provider shall complete Form DCI-45 and Form FD-258. (1) The provider subject to this check shall submit any other forms required by the department of public safety to authorize the release of records. (2) The provider subject to this check is responsible for any costs associated with obtaining the fingerprints and for submitting the prints to the department. (3) Fingerprints may be taken (rolled) by law enforcement agencies or by agencies or companies that specialize in taking fingerprints. (4) The national criminal history record check shall be repeated for each person subject to the check every four years and when the department or provider becomes aware of any new transgressions committed by that person in another state. (5) The department may rely on the results of previously conducted national criminal history record checks when a person subject to a record check in one child development home or child care home submits a request for involvement with child care in another child care home, so long as the person’s national criminal history record check is within the allowable four-year time frame. All initial or new applications shall require a new national criminal history record check. Human Services[441] IAC 6/10/26 Ch 170, p.13 • •• • •• •

i. Transgressions. If any person subject to the record checks in paragraph 170.4(3)“g” or 170.4(3)“h” has a record of founded child abuse, dependent adult abuse, a criminal conviction, or placement on the sex offender registry, the department shall follow the process for prohibition or evaluation defined at 441—subrule 120.11(3). (1) If any person would be prohibited from registration, employment, or residence, the person shall not provide child care and is not eligible to receive public funds to do so. The department’s designee shall notify the applicant. (2) A person who continues to provide child care in violation of this rule is subject to penalty and injunction under Iowa Code chapter 237A. 170.4(4) Components of service program. Every child eligible for child care services shall receive supervision, food services, and program and activities, and may receive transportation. 170.4(5) Levels of service according to age. Rescinded IAB 9/30/92, effective 10/1/92. 170.4(6) Provider’s individual program plan. Rescinded IAB 2/10/10, effective 3/1/10. 170.4(7) Payment. The department shall make payment for child care provided to an eligible family when the family reports their choice of provider to the department and the provider has a completed Form 470-3871 or 470-3871(S) on file with the department. Both the child care provider and the department worker shall sign this form. a. Rate of payment. The rate of payment for child care services, except for in-home care, which shall be paid in accordance with paragraph 170.4(7)“d,” shall be the actual rate charged by the provider for a private individual, not to exceed the maximum rates shown below. When a provider does not have a half-day rate in effect, a rate is established by dividing the provider’s declared full-day rate by 2. When a provider has neither a half-day nor a full-day rate, a rate is established by multiplying the provider’s declared hourly rate by 4.5. Payment shall not exceed the rate applicable to the provider type and age group as shown in the tables below. To be eligible for the special-needs rate, the provider must submit documentation to the child’s service worker that the child needing services has been assessed by a qualified professional and meets the definition for “child with special needs,” and a description of the child’s special needs, including but not limited to adaptive equipment, more careful supervision, or special staff training. Table 1 Half-Day Rate Ceilings for (Licensed Center)

No Quality Rating Quality Rating 1 or 2 Quality Rating 3 or 4 Quality Rating 5 Age Group Basic Special Needs Basic Special Needs Basic Special Needs Basic Special Needs Infant and Toddler $25.66 $51.94 $25.66 $51.94 $25.66 $51.94 $27.00 $51.94 Preschool $19.50 $30.43 $20.25 $30.43 $21.50 $30.43 $22.97 $30.43 School Age $16.50 $30.34 $17.10 $30.34 $17.50 $30.34 $18.50 $30.34 Table 2 Half-Day Rate Ceilings for (Child Development Home A/B)

No Quality Rating Quality Rating 1 or 2 Quality Rating 3 or 4 Quality Rating 5 Age Group Basic Special Needs Basic Special Needs Basic Special Needs Basic Special Needs Infant and Toddler $16.63 $24.95 $16.63 $24.95 $16.63 $24.95 $17.50 $26.25 Preschool $15.00 $22.50 $15.50 $23.25 $16.00 $24.00 $17.00 $25.50 School Age $15.00 $22.50 $15.25 $22.88 $15.50 $23.25 $15.75 $23.63 Table 3 Half-Day Rate Ceilings for (Child Development Home C)

No Quality Rating Quality Rating 1 or 2 Quality Rating 3 or 4 Quality Rating 5 Age Group Basic Special Needs Basic Special Needs Basic Special Needs Basic Special Needs Infant and Toddler $18.00 $27.00 $18.00 $27.00 $18.00 $27.00 $18.50 $27.75 Human Services[441] Ch 170, p.14 IAC 6/10/26

Preschool $16.28 $24.42 $17.00 $25.50 $17.50 $26.25 $18.50 $27.75 School Age $15.00 $22.50 $15.75 $23.63 $16.44 $24.66 $17.50 $26.25 Table 4 Half-Day Rate Ceilings for Child Care Home (Not Registered) Age Group Basic Special Needs Infant and Toddler $16.63 $24.95 Preschool $15.00 $22.50 School Age $15.00 $22.50 The following definitions apply in the use of the rate tables: (1) “Licensed center” shall mean those providers as defined in 170.4(3)“a.” “Child development home A/B” or “child development home C” shall mean those providers as defined in 170.4(3)“b.” “Child care home (not registered)” shall mean those providers as defined in 441—Chapter 120. (2) Under age group, “infant and toddler” shall mean age two weeks to three years; “preschool” shall mean three years to school age; “school age” shall mean a child in attendance in full-day or half-day classes. (3) “No Quality Rating” shall mean a provider who does not have a current quality rating. (4) A provider who is rated under the quality rating system shall be paid according to the corresponding quality rating payment level in the tables above only during the period the rating is valid as defined in 441—Chapter 118. If the provider’s quality rating expires, the provider shall be paid according to the “No Quality Rating” payment level. Programs whose quality rating has expired shall not receive backdated payments once a new rating is awarded. (5) For a provider rated “Quality Rating 1” through “Quality Rating 4,” if the rating period expires before a new quality level is approved, the provider will be paid according to the “No Quality Rating” payment level until the new quality level is approved. (6) For a provider rated “Quality Rating 5,” if a renewal application is received before the current rating period expires, the provider will continue to be paid according to the “Quality Rating 5” payment level until a decision is made on the provider’s application. (7) “Quality Rating 1 or 2” shall mean a provider who has achieved a rating of Level 1 or Level 2 under the quality rating system. (8) “Quality Rating 3 or 4” shall mean a provider who has achieved a rating of Level 3 or Level 4 under the quality rating system. (9) “Quality Rating 5” shall mean a provider who has achieved a rating of Level 5 under the quality rating system. b. Payment for days of absence. Payment may be made to a child care provider defined in subrule 170.4(3) for an individual child not in attendance at a child care facility not to exceed four days per calendar month providing that the child is regularly scheduled on those days and the provider also charges a private individual for days of absence. c. Payment for multiple children in a family. When a provider reduces the charges for the second and any subsequent children in a family with multiple children whose care is unsubsidized, the rate of payment made by the department for a family with multiple children shall be similarly reduced. d. Payment for in-home care. Payment may be made for in-home care when there are three or more children in a family who require child care services. The rate of payment for in-home care shall be the minimum wage amount. e. Limitations on payment. Payment shall not be made for therapeutic services that are provided in the care setting and include, but are not limited to, services such as speech, hearing, physical and other therapies, individual or group counseling, therapeutic recreation, and crisis intervention. f. Review of the calculation of the rate of payment. Maximum rate ceilings are not appealable. A provider who is in disagreement with the calculation of the half-day rate as set forth in 170.4(7)“a” may request a review. The procedure for review is as follows: (1) Within 15 calendar days of notification of the rate in question, the provider shall send a written request for review to the service area manager. The request shall identify the specific rate in question and Human Services[441] IAC 6/10/26 Ch 170, p.15

the methodology used to calculate the rate. The service manager shall provide a written response within 15 calendar days of receipt of the request for review. (2) When dissatisfied with the response, the provider may, within 15 calendar days of the response, request a review by the bureau of child care services chief. The provider shall submit to the bureau chief the original request, the response received, and any additional information desired. The bureau chief shall render a decision in writing within 15 calendar days of receipt of the request. (3) The provider may appeal the decision to the director of the department or the director’s designee within 15 calendar days of the decision. The director or director’s designee shall issue the final department decision within 15 calendar days of receipt of the request. g. Submission of claims. The department shall issue payment when the provider submits correctly completed documentation of attendance and charges. The department shall pay for no more than the number of units of service authorized in the notice of decision issued pursuant to subrule 170.3(3). Providers shall submit a claim in one of the following ways: (1) Using Form 470-4534; or (2) Using an electronic request for payment submitted through the KinderTrack system. Providers using this method shall print Form 470-4535 to be signed by the provider and the parent. The provider shall keep the signed Form 470-4535 for a period of five years after the billing date. [ARC 7837B, IAB 6/3/09, effective 7/1/09; ARC 8506B, IAB 2/10/10, effective 3/1/10; ARC 9490B, IAB 5/4/11, effective 7/1/11; ARC 9651B, IAB 8/10/11, effective 10/1/11; ARC 0152C, IAB 6/13/12, effective 7/18/12; ARC 0546C, IAB 1/9/13, effective 1/1/13; ARC 0715C, IAB 5/1/13, effective 7/1/13; ARC 0825C, IAB 7/10/13, effective 7/1/13; ARC 0854C, IAB 7/24/13, effective 7/1/13; ARC 1063C, IAB 10/2/13, effective 11/6/13; ARC 1446C, IAB 4/30/14, effective 7/1/14; ARC 1978C, IAB 4/29/15, effective 7/1/15; ARC 2169C, IAB 9/30/15, effective 1/1/16; ARC 2555C, IAB 6/8/16, effective 7/1/16; ARC 2556C, IAB 6/8/16, effective 7/1/16; ARC 2649C, IAB 8/3/16, effective 10/1/16; ARC 3092C, IAB 6/7/17, effective 7/1/17; ARC 3791C, IAB 5/9/18, effective 7/1/18; ARC 4115C, IAB 11/7/18, effective 1/1/19; ARC 4470C, IAB 6/5/19, effective 7/1/19; ARC 5035C, IAB 5/6/20, effective 7/1/20; ARC 5675C, IAB 6/16/21, effective 7/1/21; ARC 5731C, IAB 6/30/21, effective 7/1/21; ARC 5891C, IAB 9/8/21, effective 11/1/21; ARC 6309C, IAB 5/4/22, effective 7/1/22; ARC 6965C, IAB 4/5/23, effective 6/1/23; ARC 8741C, IAB 1/8/25, effective 2/12/25] 441—170.5(237A) Adverse actions. 170.5(1) Provider agreement. The department may refuse to enter into or may revoke Form 470-3871 or 470-3871(S) if any of the following occur: a. The department finds a hazard to the safety and well-being of a child, and the provider cannot or refuses to correct the hazard. b. The provider has submitted claims for payment for which the provider is not entitled. c. The provider fails to cooperate with an investigation conducted by the department of inspections and appeals to determine whether information the provider supplied to the department regarding payment for child care services is complete and correct. Once the agreement is revoked for failure to cooperate, the department shall not enter into a new agreement with the provider until cooperation occurs. d. The provider does not meet one of the applicable requirements set forth in subrule 170.4(3). e. The provider fails to comply with any of the terms and conditions of Form 470-3871 or 470-3871(S). f. The provider submits attendance documentation for payment and the provider knows or should have known that the documentation is false or inaccurate. g. An overpayment of CCA funds with a balance of $3,000 or more exists for a provider and that provider fails to enter into a repayment agreement with the department of inspections and appeals (DIA) or does not make payments according to the repayment agreement on file with DIA. h. The provider is found to have more children in care at one time than allowed for the provider type as found at rule 441—110.6(237A) and 441—subrules 110.13(1), 110.14(1), 110.15(1), 120.6(1) and 170.4(3). 170.5(2) Denial. Child care assistance shall be denied when the department determines that: a. The client is not in need of service; or b. The client is not financially eligible; or c. There is another resource available to provide the service or a similar service free of charge that allows parents to select from the full range of eligible providers; or Human Services[441] Ch 170, p.16 IAC 6/10/26

d. An application is required and the client or representative refuses or fails to sign the application form; or e. Funding is not available; or f. The client refuses or fails to supply information or verification requested or to request assistance and authorize the department to secure the required information or verification from other sources (signing a general authorization for release of information to the department does not meet this responsibility); or g. The client fails to cooperate with a quality control review or with an investigation conducted by the department of inspections and appeals. 170.5(3) Termination. Child care assistance may be terminated when the department determines that: a. The client no longer meets the eligibility criteria in subrule 170.2(2); or b. The client’s income exceeds the financial guidelines; or c. The client refuses or fails to supply information or verification requested or to request assistance and authorize the department to secure the required information or verification from other sources (signing a general authorization for release of information to the department does not meet this responsibility); or d. No payment or only partial payment of client fees has been received within 30 days following the issuance of the last billing; or e. Another resource is available to provide the service or a similar service free of charge that allows parents to select from the full range of eligible providers; or f. Funding is not available; or g. The client fails to cooperate with a quality control review or with an investigation conducted by the department of inspections and appeals. 170.5(4) Reduction. Authorized units of service may be reduced when the department determines that: a. Continued provision of service at the current level is not necessary to meet the client’s service needs; or b. Another resource is available to provide the same or similar service free of charge that will meet the client’s needs and allow parents to select from the full range of eligible providers; or c. Funding is not available to continue the service at the current level. When funding is not available, the department may limit on a statewide basis the number of units of child care services for which payment will be made. 170.5(5) Provider agreement sanction. If Form 470-3871 or 470-3871(S) is terminated for any of the reasons in subrule 170.5(1), the agreement shall remain terminated for the time periods set forth below: a. The first time the agreement is terminated, the provider may reapply for another agreement at any time. b. The second time the agreement is terminated, the provider may not reapply for another agreement for 12 months from the effective date of termination. c. The third or subsequent time the agreement is terminated, the provider may not reapply for another agreement for 36 months from the effective date of termination. d. The department shall not act on an application for a child care assistance provider agreement submitted by a provider during the sanction period. [ARC 7740B, IAB 5/6/09, effective 6/10/09; ARC 8506B, IAB 2/10/10, effective 3/1/10; ARC 9651B, IAB 8/10/11, effective 10/1/11; ARC 1893C, IAB 3/4/15, effective 7/1/15; ARC 3092C, IAB 6/7/17, effective 7/1/17; ARC 6965C, IAB 4/5/23, effective 6/1/23] 441—170.6(237A) Appeals. Notice of adverse action shall be given in accordance with 441—Chapter 16. The right to appeal shall be given in accordance with 441—Chapter 7. [ARC 6965C, IAB 4/5/23, effective 6/1/23] 441—170.7(237A) Provider fraud. 170.7(1) Fraud. The department shall consider a child care provider to have committed fraud when: a. The department of inspections and appeals, in an administrative or judicial proceeding, has found the provider to have obtained by fraudulent means child care assistance payment in an amount in excess of $1,000; or Human Services[441] IAC 6/10/26 Ch 170, p.17

b. The provider has agreed to entry of a civil judgment or judgment by confession that includes a conclusion of law that the provider has obtained by fraudulent means child care assistance payment in an amount in excess of $1,000. 170.7(2) Potential sanctions. Providers found to have committed fraud shall be subject to one or more of the following sanctions, as determined by the department: a. Special review of the provider’s claims for child care assistance. b. Suspension from receipt of child care assistance payment for six months. c. Ineligibility to receive payment under child care assistance. 170.7(3) Factors considered in determining level of sanction. The department shall evaluate the following factors in determining the sanction to be imposed: a. History of prior violations. (1) If the provider has no prior violations, the sanction imposed shall be a special review of provider claims. (2) If the provider has one prior violation, the sanction imposed shall be a suspension from receipt of child care assistance payment for six months as well as a special review of provider claims. (3) If the provider has more than one prior violation, the sanction imposed shall be ineligibility to receive payment under child care assistance. b. Prior imposition of sanctions. (1) If the provider has not been sanctioned before, the sanction imposed shall be a special review of the provider’s claims for child care assistance. (2) If the provider has been sanctioned once before, the sanction imposed shall be a suspension from receipt of child care assistance payment for six months as well as a special review of provider claims. (3) If the provider has been sanctioned more than once before, the sanction imposed shall be ineligibility to receive payment under child care assistance. c. Seriousness of the violation. (1) If the amount fraudulently received is less than $5,000, the sanction level shall be determined according to paragraphs “a” and “b.” (2) If the amount fraudulently received is $5,000 or more, and the sanction determined according to paragraphs “a” and “b” is review of provider claims, the sanction imposed shall be suspension from receipt of child care assistance payment. (3) If the amount fraudulently received is $5,000 or more, and the sanction determined according to paragraphs “a” and “b” is suspension from receipt of child care assistance payment, the sanction imposed shall be ineligibility to receive payment under child care assistance. d. Extent of the violation. (1) If the fraudulent claims involve five invoices or less or five months or less, the sanction level shall be determined according to paragraphs “a” and “b.” (2) If the fraudulent claims involve at least six invoices or six months, and the sanction determined according to paragraphs “a” and “b” is review of provider claims, the sanction imposed shall be suspension from receipt of child care assistance payment. (3) If the fraudulent claims involve at least six invoices or six months, and the sanction determined according to paragraphs “a” and “b” is suspension from receipt of child care assistance payment, the sanction imposed shall be ineligibility to receive payment under child care assistance. 170.7(4) Mitigating factors. a. If the sanction determined according to subrule 170.7(3) is suspension from or ineligibility for receipt of child care assistance payment, the department shall determine whether it is appropriate to reduce the level of a sanction for the particular case, considering: (1) Prior provision of provider education. (2) Provider willingness to obey program rules. b. If the sanction determined according to subrule 170.7(3) is ineligibility for receipt of child care assistance payment, but consideration of the two factors in paragraph “a” indicates that a lesser sanction will resolve the violation, the sanction imposed shall be: (1) Suspension from receipt of child care assistance payment for six months; and Human Services[441] Ch 170, p.18 IAC 6/10/26

(2) A special review of provider claims. c. If the sanction determined according to subrule 170.7(3) is suspension from receipt of child care assistance payment, but consideration of the two factors in paragraph “a” indicates that a lesser sanction will resolve the violation, the sanction imposed shall be a special review of provider claims. 441—170.8(234) Allocation of funds. Rescinded IAB 2/6/02, effective 4/1/02. 441—170.9(237A) Child care assistance overpayments. All child care assistance overpayments shall be subject to recoupment. 170.9(1) Notification and appeals. All clients or providers shall be notified as described at subrule 170.9(6), when it is determined that an overpayment exists. Notification shall include the amount, date and reason for the overpayment. The department shall provide additional information regarding the computation of the overpayment upon the client’s or provider’s request. The client or provider may appeal the computation of the overpayment and any action to recover the overpayment in accordance with 441—Chapter 2506. 170.9(2) Determination of overpayments. All overpayments due to client, provider, or agency error or due to benefits or payments issued pending an appeal decision shall be recouped. Overpayments shall be computed as if the information had been acted upon timely. 170.9(3) Benefits or payments issued pending appeal decision. Recoupment of overpayments resulting from benefits or payments issued pending a decision on an appeal hearing shall not occur until after a final appeal decision is issued affirming the department. 170.9(4) Failure to cooperate. Failure by the client to cooperate in the investigation of alleged overpayments shall result in ineligibility for the months in question and the overpayment shall be the total amount of assistance received during those months. Failure by the provider to cooperate in the investigation of alleged overpayments shall result in payments being recouped for the months in question. 170.9(5) Payment agreement. The client or provider may choose to make a lump-sum payment or make periodic installment payments as agreed to on the notification form issued pursuant to subrule 170.9(6). Failure to negotiate an approved payment agreement may result in further collection action as outlined in 441—Chapter 11. 170.9(6) Procedures for recoupment. a. When the department determines that an overpayment exists, the department shall refer the case to the department of inspections and appeals for investigation, recoupment, or referral for possible prosecution. b. The department of inspections and appeals shall initiate recoupment by notifying the debtor of the overpayment on Form 470-4530. c. When financial circumstances change, the department of inspections and appeals has the authority to revise the recoupment plan. d. Recoupment for overpayments due to client error or due to an agency error that affected eligibility shall be made from the parent who received child care assistance at the time the overpayment occurred. When two parents were in the home at the time the overpayment occurred, both parents are equally responsible for repayment of the overpayment. e. Recoupment for overpayments due to provider error or due to an agency error that affected benefits shall be made from the provider. f. Recoupment for overpayments caused by both the provider and client shall be collected from both the provider and client equally, 50 percent from the client and 50 percent from the provider. 170.9(7) Suspension and waiver. Recoupment will be suspended on nonfraud overpayments when the amount of the overpayment is less than $35. Recoupment will be waived on nonfraud overpayments of less than $35 which have been held in suspense for three years. [ARC 9651B, IAB 8/10/11, effective 10/1/11; ARC 1893C, IAB 3/4/15, effective 7/1/15; ARC 4973C, IAB 3/11/20, effective 4/15/20; ARC 6965C, IAB 4/5/23, effective 6/1/23; Editorial change: IAC Supplement 6/10/26] These rules are intended to implement Iowa Code sections 237A.13 and 237A.29. [Filed 7/3/79, Notice 12/27/78—published 7/25/79, effective 9/1/79] [Filed 7/18/80, Notice 3/5/80—published 8/6/80, effective 9/10/80] Human Services[441] IAC 6/10/26 Ch 170, p.19

[Filed 12/19/80, Notice 10/29/80—published 1/7/81, effective 2/11/81] [Filed 1/16/81, Notice 12/10/80—published 2/4/81, effective 4/1/81] [Filed 4/29/82, Notice 3/3/82—published 5/26/82, effective 7/1/82] [Filed 5/21/82, Notice 3/31/82—published 6/9/82, effective 8/1/82] [Filed emergency 9/23/82—published 10/13/82, effective 9/23/82] [Filed emergency 6/17/83—published 7/6/83, effective 7/1/83] [Filed emergency 2/10/84—published 2/29/84, effective 2/10/84] [Filed 1/15/87, Notice 12/3/86—published 2/11/87, effective 4/1/87] [Filed 9/21/88, Notice 8/10/88—published 10/19/88, effective 12/1/88] [Filed emergency 6/8/89 after Notice of 5/3/89—published 6/28/89, effective 7/1/89] [Filed emergency 6/8/89—published 6/28/89, effective 7/1/89] [Filed 8/17/89, Notice 6/28/89—published 9/6/89, effective 11/1/89] [Filed 9/15/89, Notice 8/9/89—published 10/4/89, effective 12/1/89] [Filed emergency 10/10/91—published 10/30/91, effective 11/1/91] [Filed 12/11/91, Notice 10/30/91—published 1/8/92, effective 3/1/92] [Filed emergency 9/11/92—published 9/30/92, effective 10/1/92] [Filed 11/10/92, Notice 9/30/92—published 12/9/92, effective 2/1/93] [Filed emergency 6/11/93—published 7/7/93, effective 7/1/93] [Filed 8/12/93, Notice 7/7/93—published 9/1/93, effective 11/1/93] [Filed emergency 10/14/93—published 11/10/93, effective 12/1/93] [Filed 12/16/93, Notice 11/10/93—published 1/5/94, effective 3/1/94] [Filed emergency 6/16/94—published 7/6/94, effective 7/1/94] [Filed 8/12/94, Notice 7/6/94—published 8/31/94, effective 11/1/94] [Filed emergency 6/7/95—published 7/5/95, effective 7/1/95] [Filed 8/10/95, Notice 7/5/95—published 8/30/95, effective 11/1/95] [Filed emergency 6/13/96—published 7/3/96, effective 7/1/96] [Filed emergency 7/10/96—published 7/31/96, effective 8/1/96] [Filed 9/17/96, Notices 7/3/96, 7/31/96—published 10/9/96, effective 12/1/96] [Filed 4/11/97, Notice 2/26/97—published 5/7/97, effective 7/1/97] [Filed emergency 6/12/97—published 7/2/97, effective 7/1/97] [Filed 8/13/97, Notice 7/2/97—published 9/10/97, effective 11/1/97] [Filed 9/16/97, Notice 7/16/97—published 10/8/97, effective 12/1/97] [Filed 5/13/98, Notice 3/25/98—published 6/3/98, effective 8/1/98] [Filed 8/12/98, Notice 6/17/98—published 9/9/98, effective 11/1/98] [Filed 2/10/99, Notice 12/16/98—published 3/10/99, effective 5/1/99] [Filed emergency 6/10/99—published 6/30/99, effective 7/1/99] [Filed 8/12/99, Notice 6/30/99—published 9/8/99, effective 11/1/99] [Filed 2/9/00, Notice 12/29/99—published 3/8/00, effective 5/1/00] [Filed emergency 6/8/00—published 6/28/00, effective 7/1/00] [Filed 8/9/00, Notice 6/14/00—published 9/6/00, effective 11/1/00] [Filed 2/14/01, Notice 11/29/00—published 3/7/01, effective 5/1/01] [Filed 5/9/01, Notice 3/21/01—published 5/30/01, effective 8/1/01] [Filed 1/9/02, Notice 11/28/01—published 2/6/02, effective 4/1/02] [Filed emergency 6/12/03—published 7/9/03, effective 7/1/03] [Filed 9/22/03, Notice 7/9/03—published 10/15/03, effective 12/1/03] [Filed 12/16/03, Notice 10/29/03—published 1/7/04, effective 3/1/04] [Filed emergency 5/14/04—published 6/9/04, effective 7/1/04] [Filed 8/12/04, Notice 6/9/04—published 9/1/04, effective 10/6/04] [Filed emergency 7/15/05—published 8/3/05, effective 9/1/05] [Filed 10/21/05, Notice 8/3/05—published 11/9/05, effective 12/14/05] Human Services[441] Ch 170, p.20 IAC 6/10/26

[Filed emergency 11/16/05—published 12/7/05, effective 12/1/05] [Filed emergency 5/12/06—published 6/7/06, effective 7/1/06] [Filed 10/20/06, Notice 8/30/06—published 11/8/06, effective 1/1/07] [Filed 4/11/07, Notice 2/14/07—published 5/9/07, effective 7/1/07] [Filed emergency 6/14/07—published 7/4/07, effective 7/1/07] [Filed 6/13/07, Notice 4/11/07—published 7/4/07, effective 9/1/07] [Filed emergency 9/12/07—published 10/10/07, effective 9/12/07] [Filed 9/12/07, Notice 7/4/07—published 10/10/07, effective 11/14/07] [Filed emergency 3/12/08—published 4/9/08, effective 3/12/08] [Filed emergency 5/14/08—published 6/4/08, effective 7/1/08] [Filed 5/16/08, Notice 3/26/08—published 6/18/08, effective 8/1/08] [Filed 6/11/08, Notice 4/9/08—published 7/2/08, effective 8/6/08] [Filed 8/19/08, Notice 7/2/08—published 9/10/08, effective 11/1/08] [Filed emergency 9/17/08 after Notice 7/16/08—published 10/8/08, effective 10/1/08] [Filed ARC 7740B (Notice ARC 7590B, IAB 2/25/09), IAB 5/6/09, effective 6/10/09] [Filed Emergency ARC 7837B, IAB 6/3/09, effective 7/1/09] [Filed Emergency After Notice ARC 8506B (Notice ARC 8274B, IAB 11/4/09), IAB 2/10/10, effective 3/1/10] [Filed Without Notice ARC 9490B, IAB 5/4/11, effective 7/1/11] [Filed ARC 9651B (Notice ARC 9518B, IAB 5/18/11), IAB 8/10/11, effective 10/1/11] [Filed Without Notice ARC 0152C, IAB 6/13/12, effective 7/18/12] [Filed Emergency After Notice ARC 0546C (Notice ARC 0368C, IAB 10/3/12), IAB 1/9/13, effective 1/1/13] [Filed ARC 0715C (Notice ARC 0566C, IAB 1/23/13), IAB 5/1/13, effective 7/1/13] [Filed Emergency After Notice ARC 0825C (Notice ARC 0670C, IAB 4/3/13), IAB 7/10/13, effective 7/1/13] [Filed Emergency ARC 0854C, IAB 7/24/13, effective 7/1/13] [Filed ARC 1063C (Notice ARC 0852C, IAB 7/24/13), IAB 10/2/13, effective 11/6/13] [Filed ARC 1446C (Notice ARC 1365C, IAB 3/5/14), IAB 4/30/14, effective 7/1/14] [Filed Emergency ARC 1525C, IAB 7/9/14, effective 7/1/14] [Filed ARC 1606C (Notice ARC 1524C, IAB 7/9/14), IAB 9/3/14, effective 10/8/14] [Filed ARC 1893C (Notice ARC 1819C, IAB 1/7/15), IAB 3/4/15, effective 7/1/15] [Filed ARC 1978C (Notice ARC 1900C, IAB 3/4/15), IAB 4/29/15, effective 7/1/15] [Filed ARC 2169C (Notice ARC 2073C, IAB 8/5/15), IAB 9/30/15, effective 1/1/16] [Filed Emergency After Notice ARC 2555C (Notice ARC 2462C, IAB 3/16/16), IAB 6/8/16, effective 7/1/16] [Filed Emergency After Notice ARC 2556C (Notice ARC 2449C, IAB 3/16/16), IAB 6/8/16, effective 7/1/16] [Filed ARC 2649C (Notice ARC 2551C, IAB 5/25/16), IAB 8/3/16, effective 10/1/16] [Filed Emergency After Notice ARC 3092C (Notice ARC 2973C, IAB 3/15/17), IAB 6/7/17, effective 7/1/17] [Filed ARC 3791C (Notice ARC 3651C, IAB 2/28/18), IAB 5/9/18, effective 7/1/18] [Filed ARC 4115C (Notice ARC 3969C, IAB 8/29/18), IAB 11/7/18, effective 1/1/19] [Filed Emergency After Notice ARC 4470C (Notice ARC 4367C, IAB 3/27/19), IAB 6/5/19, effective 7/1/19] [Filed ARC 4973C (Notice ARC 4675C, IAB 9/25/19), IAB 3/11/20, effective 4/15/20] [Filed ARC 5035C (Notice ARC 4937C, IAB 2/26/20), IAB 5/6/20, effective 7/1/20] [Filed Emergency After Notice ARC 5675C (Notice ARC 5533C, IAB 3/24/21), IAB 6/16/21, effective 7/1/21] [Filed Emergency ARC 5731C, IAB 6/30/21, effective 7/1/21] Human Services[441] IAC 6/10/26 Ch 170, p.21

[Filed ARC 5891C (Notice ARC 5732C, IAB 6/30/21), IAB 9/8/21, effective 11/1/21] [Filed ARC 6309C (Notice ARC 6209C, IAB 2/23/22), IAB 5/4/22, effective 7/1/22] [Filed Emergency After Notice ARC 6565C (Notice ARC 6430C, IAB 7/27/22), IAB 10/5/22, effective 10/1/22] [Filed ARC 6965C (Notice ARC 6811C, IAB 1/11/23), IAB 4/5/23, effective 6/1/23] [Filed ARC 8741C (Amended Notice ARC 8192C, IAB 8/7/24; Notice ARC 7651C, IAB 2/21/24), IAB 1/8/25, effective 2/12/25] [Editorial change: IAC Supplement 6/10/26] Human Services[441] Ch 170, p.22 IAC 6/10/26