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Authority: IC 12-13-2-3 ; IC 12-13-5-3 ; IC 12-14-28-7
Affected: IC 12-13 ; IC 12-14-2 ; IC 20-33-2-46
Sec. 4. (a) If a child who is a TANF assistance recipient has more than three (3) unexcused absences as defined by the school district during a semester or grading period, an evaluation of the circumstances shall be completed to determine the reasons for the child's nonattendance. A written plan shall be developed that is designed to: (1) remedy the child's attendance problems; (2) establish milestones for attendance; and (3) redress problems associated with an inadequate level of attendance.
(b) If the parent or caretaker relative fails or refuses, without good cause, to: (1) comply with the written plan developed under subsection (a); or (2) consent to the release of school attendance information when the consent is required to obtain school attendance information; the TANF assistance benefit shall be reduced by an amount equal to removing the needs of the parent or caretaker in the calculation of the TANF assistance payment until compliance.
(c) If the: (1) parent or caretaker relative has cooperated in the plan developed under subsection (a); and (2) child's attendance in any subsequent semester or grading period is not at an adequate level; the family's TANF assistance grant shall be reduced by an amount equal to removing the needs of the relevant child until the end of the semester or grading period.
(d) If the: (1) parent or caretaker relative fails or refuses to cooperate in the plan developed under subsection (a); and (2) child does not meet the attendance standard; the TANF assistance benefit shall be reduced by an amount equal to removing the needs of the parent or caretaker relative and the child.
(e) As used in this section, "good cause" means any of the following: (1) The: (A) child's absence is due to behavioral problems that are being monitored by the school or other treatment professional; and (B) parent is complying with a plan established by a recognized treatment professional; but the child is suspended or expelled and no alternative education situation exists for the child as confirmed by the school counselor. (2) The child has a physical or mental condition as determined by a licensed health care professional, consistent with IC 20-33-2-46 , that, as confirmed by the school, prohibits the child from integrating into the normal school environment and there is no alternative educational situation for the child. (3) The actions required of the parent or caretaker relative under subsection (a) were beyond the capability of the parent or caretaker relative. (4) The division did not provide the services needed in order for the parent or caretaker relative to perform the required actions.