350 Time Limit for Receipt of

Temporary Assistance PURPOSE: This rule establishes procedures for the implementation of the forty-five (45) month lifetime limit for the receipt of Tempo- rary Assistance (TA), and exemptions to that limit beginning January 1, 2016, pursuant to section 208.040.5, RSMo. (1) For purposes of this rule, “assistance” shall be defined according to the definition in section 260.31 of Title 45, Code of Federal Regulations. Chapter 2—Income Maintenance 13 CSR 40-2 (2) A family is not eligible for TA if the fam- ily includes an adult who has received assis- tance a cumulative total of forty-five (45) months, subject to the exemptions provided by this rule. (A) This limit shall apply regardless of whether the family with an adult has received assistance in Missouri, another state, or ter- ritory, under the Temporary Assistance for Needy Families (TANF) Block Grant pro- gram authorized by sections 601–619 of Title 42, United States Code. (B) This limit shall apply regardless of whether the adult has received Temporary Assistance before or after the effective date of these rules. (C) The total cumulative months do not need to be consecutive. (D) To determine the total cumulative life- time limit, the division shall include all months in which the adult received TANF cash assistance in Missouri, on or after July 1, 1997. If TANF cash assistance was received in another state, the division shall include all months in which the adult received federal TANF cash assistance from the date that state’s TANF program commenced. (3) The division shall not count any month of receipt of assistance by a participant towards the forty-five (45) cumulative month limit, as defined in section (2), when— (A) The participant was a minor and nei- ther the head-of-household nor married to the head-of-household in the month the partici- pant received assistance; or (B) The participant’s household includes a person who has been battered or subjected to extreme cruelty. 1. The participant has been battered or subject to extreme cruelty when the partici- pant has suffered mental abuse, neglect, or a deprivation of medical care, or physical acts that resulted in, or threatened to result in, either physical injury, non-consensual sexual acts, or sexual abuse to the participant; or (C) The participant adult lived in Indian country (as defined in section 1151 of Title 18, United States Code) or in a Native Alaskan Village, if at least fifty percent (50%) of the adults living on the reservation or in the village were not employed. (4) Pursuant to section 264.1(b)(2) of Title 45, Code of Federal Regulations, the division shall not count any month of receipt of assis- tance by a participant towards the forty-five (45) cumulative month limit, as defined in section (2), when the participant is receiving assistance funded by certain separate state programs, as defined in section 270.2 of Title 45, Code of Federal Regulations. The exemp- tion from the lifetime limit applies when— (A) The adult participant is age sixty (60) or over; or (B) The adult participant is permanently and totally disabled as defined by section 1382c(a)(3) of Title 42, United States Code, or is receiving employer-sponsored disability payments; or (C) The participant is a teen parent head- of-household under the age of eighteen (18) and is attending a secondary school, or taking a course of study leading to a certificate of general equivalence; or (D) The adult participant is required to remain in the home to care for a disabled household member. (5) Hardship Extension. The division, pur- suant to section 208.040.5(5), RSMo, shall provide Temporary Assistance to the follow- ing adults, beyond the lifetime limit, if one (1) or more of the following conditions occur: (A) Substance abuse. A participant has a substance abuse hardship when the partici- pant has been— 1. Diagnosed by either a physician, licensed psychologist, or licensed clinical social worker with a substance abuse issue; and 2. Is receiving treatment through resi- dential care, day treatment, counseling, sup- port groups, group education, group counsel- ing, C-STAR, Alcoholics Anonymous (AA), Narcotics Anonymous (NA), or other gener- ally accepted substance abuse treatment methods; 3. This hardship will terminate upon completion of the substance abuse treatment, or upon the failure of the participant to coop- erate with the treatment, unless there are cir- cumstances beyond the participant’s control; (B) Mental health crisis. A participant has a mental health crisis hardship when the par- ticipant is unable to work due to a mental health condition, and has also been— 1. Diagnosed with a mental disease or condition by either a physician or licensed psychologist or division medical team review; and 2. Receiving services from Vocational Rehabilitation due to a mental health condi- tion; or 3. Receiving treatment through residen- tial care, counseling, support groups, mental health case management with a community support worker, or targeted case manage- ment; 4. This hardship will terminate— A. Upon the failure of the participant to cooperate with treatment, unless there are circumstances beyond the participant’s con- trol; or B. When the condition is no longer preventing the participant from working; (C) The participant has an active case with the Children’s Division (CD) in family cen- tered services, as defined in 13 CSR 35- 32.020(3), or alternative care, pursuant to Chapter 211, RSMo. 1. To qualify for a hardship extension under this subsection, the participant must be actively working with and cooperating with CD, and is complying with the treatment and/or services plan. The division shall determine if the participant has a hardship as the result of an active case with CD, after the division contacts CD. The division shall con- firm with CD— A. That the participant has an active CD case; B. The anticipated duration of the active case; and C. Whether the termination of the participant’s TA creates a hardship for the participant. The participant must notify the division that the participant is involved with CD; (D) If the division extends assistance to part of its caseload as permitted under this section; it will only determine whether or not the extension applies to a specific family once the adult claiming the hardship has received forty-five (45) cumulative months of assis- tance; and (E) The average monthly number of fami- lies receiving a hardship extension under this section shall not exceed twenty percent (20%) of the average monthly number of families to which assistance is provided during the fiscal year or the immediately preceding fiscal year; (6) All information provided to the division by the participant seeking a hardship exemp- tion to the forty-five (45) cumulative month limit shall be true, accurate, and complete. (7) A participant who is aggrieved by a deci- sion of the division under this regulation may appeal the division’s decision pursuant to sec- tion 208.080, RSMo. AUTHORITY: section 207.022, RSMo Supp. 2014, and section 208.040.5, RSMo Supp. 2015.* Emergency rule filed Feb. 18, 1998, effective March 1, 1998, terminated Aug. 10, 1998. Original rule filed Jan. 16, 1998, effective Aug. 1, 1998. Amended: Filed Feb. 8, 2016, effective Aug. 30, 2016. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014 and 208.040.5, RSMo 1939, amended 1941, 1949, 1951, 1953, 1955, 1957, 1973, 1977, 1982, 1983, 1984, 1987, 1994, 1999, 2001, 2009, 2015. (10/31/20) JOHN R. ASHCROFT 13 CSR 40-2—DEPARTMENT OF SOCIAL SERVICES Division 40—Family Support Division