CHAPTER 28-7A
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
28-7A-1 No entitlement to assistance.
28-7A-2 Definition of terms.
28-7A-3 Promulgation of rules.
28-7A-4 Determining eligibility requirements.
28-7A-4.1 Exemption--Controlled substance felony--Denial of benefits—Prohibition.
28-7A-5 Social security number required for eligibility.
28-7A-6 Cooperation with paternity and child support proceedings required.
28-7A-7 Assignment of support rights.
28-7A-8 Manner of application--Timely response.
28-7A-9 Assessment of skills, work experience, and employability.
28-7A-10 Adoption of standards for participation in work activities and assistance programs--Training and education.
28-7A-11 Denial, reduction, or termination of assistance for refusal to participate--Investigation of compliance.
28-7A-12 Feasible and reasonable assistance programs authorized.
28-7A-13 Employment as work activity.
28-7A-14 Reconsideration of assistance.
28-7A-15 Appeal by aggrieved applicant or recipient.
28-7A-16 Denial, reduction, or termination of assistance to deter fraud and program abuse.
28-7A-17 Adoption of policies to recover overpayment of assistance.
28-7A-18 Assistance not transferable--Assistance not subject to legal process--Exception.
28-7A-19 Effect of amending or repealing acts.
28-7A-20 Department to implement combination work and education activity--Time limitation--Goal.
28-7A-21 Combination work and education activity--Criteria for education component.
28-7A-22 Eligibility for work and education activity.
28-7A-23 Department may limit number of participants in work and education activity.
28-7A-24 Promulgation of rules.
28-7A-1. No entitlement to assistance.
The implementation of assistance under this chapter does not establish a personal or family entitlement to assistance.
Source: SL 1997, ch 166, § 1.
28-7A-2. Definition of terms.
Terms used in this chapter mean:
(1) "Assistance," includes money, services, goods, or other types of temporary assistance made with respect to any child or with respect to the parents of any child for whom federal funds are available to the state under this chapter;
(2) "Department," the Department of Social Services;
(3) "Title IV," including its derivatives, refers to Title IV of the federal Social Security Act.
Source: SL 1997, ch 166, § 2.
28-7A-3. Promulgation of rules.
The department may promulgate rules, in accordance with chapter 1-26, regarding:
(1) Assistance eligibility qualifications except as otherwise provided in § 28-7A-4.1, application procedure, and assistance level;
(2) Employability assessment, work activities, and supportive services;
(3) Conditions of continued eligibility, eligibility time limits, eligibility recertification periods, and exemptions;
(4) Program participation requirements, criteria for disqualification, and good cause exemptions;
(5) Disqualification for intentional program violation or failure to comply with program requirements;
(6) Benefit recovery and recoupment policies and procedures;
(7) Methods of distribution and payment of moneys appropriated by the Legislature or received from the federal government for the granting of temporary assistance for needy families;
(8) Development of applications, reports, and other forms;
(9) Enforcement of child support obligations including distribution of collections, cooperative agreements with courts and law enforcement officials, and such other rules as may be found necessary or desirable to qualify for federal financial participation;
(10) Collection, audit, and reporting of facts and statistics relating to the field of public assistance;
(11) Compliance with federal reporting and documentation requirements necessary to qualify for federal funds; and
(12) Any other standards of operation and administration within the mandate of this chapter, as necessary or desirable to qualify for federal financial participation.
Source: SL 1997, ch 166, § 4; SL 2020, ch 116, § 1.
28-7A-4. Determining eligibility requirements.
Eligibility criteria and assistance level for temporary assistance for needy families shall be determined by the department with due regard to the necessary expenditures of families in this state.
Source: SL 1997, ch 166, § 5.
28-7A-4.1 . Exemption--Controlled substance felony--Denial of benefits—Prohibition.
As permitted in accordance with 21 U.S.C. § 862a(d)(1)(A), this state exempts itself from the application of 21 U.S.C. § 862a(a)(1).
The department may not deny benefits otherwise available under this chapter to an applicant solely because the applicant has been convicted, under state or federal law, of an offense that is classified as a felony and which has as an element the possession, use, or distribution of a controlled substance, as defined in § 34-20B-3 or 21 U.S.C. § 802.
Source: SL 2020, ch 116, § 2.
28-7A-5. Social security number required for eligibility.
An applicant for or recipient of assistance under this chapter shall supply proof of or apply for a social security number as a condition of eligibility to receive assistance. The parent or relative with whom the child resides shall comply on behalf of a child for whom assistance is claimed.
Source: SL 1997, ch 166, § 6.
28-7A-6. Cooperation with paternity and child support proceedings required.
An applicant or recipient of assistance under this chapter shall, as a condition of eligibility for assistance, cooperate with proceedings to establish paternity and to enforce, collect, or modify child support on behalf of any child for whom assistance is claimed or received.
Source: SL 1997, ch 166, § 7.
28-7A-7. Assignment of support rights.
Application for or receipt of assistance under this chapter or of foster care maintenance payments under the Title IV-E state plan shall operate as an assignment by operation of law of all support rights from any person, which such applicant or recipient may have on the applicant's or recipient's own behalf or on behalf of any other family member for whom the recipient is receiving assistance or Title IV-E foster care maintenance payments, including any support payments accrued and unpaid at the time of the assignment.
Source: SL 1997, ch 166, § 8.
28-7A-8. Manner of application--Timely response.
Application shall be made in a manner prescribed by the department. The department shall promptly notify the applicant of its decision.
Source: SL 1997, ch 166, § 9.
28-7A-9. Assessment of skills, work experience, and employability.
The department shall make such assessment of the skills, prior work experience, and employability of eligible applicants or recipients as may be necessary and feasible for the purposes of this chapter.
Source: SL 1997, ch 166, § 10.
28-7A-10. Adoption of standards for participation in work activities and assistance programs--Training and education.
The department may adopt by rules promulgated pursuant to chapter 1-26 reasonable standards for the participation of eligible recipients in work activities and programs of assistance calculated to foster parental responsibility, employment, or family independence. To the extent possible in a work oriented program, training, and education, although not an alternative for working, may be utilized to prepare people for work.
Source: SL 1997, ch 166, § 11.
28-7A-11. Denial, reduction, or termination of assistance for refusal to participate--Investigation of compliance.
The department may deny, reduce, or terminate assistance to an applicant or recipient who voluntarily refuses to participate in an assessment, work activity, or assistance program for such period as may be reasonably necessary to deter program waste or abuse. The department may adopt by rules promulgated pursuant to chapter 1-26 necessary and reasonable exemptions and deferrals. The department shall have access to the home of a dependent child at reasonable times for the purpose of conducting such investigation as may be necessary to assure compliance with program requirements.
Source: SL 1997, ch 166, § 12.
28-7A-12. Feasible and reasonable assistance programs authorized.
The department may implement such programs of assistance as may be feasible and reasonably calculated to fulfill the purposes of this chapter. This chapter does not require the department to provide assistance in the absence of legislative appropriation therefor.
Source: SL 1997, ch 166, § 13.
28-7A-13. Employment as work activity.
An adult in a family receiving assistance under this chapter may fill a vacant employment position in order to engage in a work activity except no such adult may be employed or assigned if any other individual is on layoff from the same or any substantially equivalent job or if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created.
Source: SL 1997, ch 166, § 14.
28-7A-14. Reconsideration of assistance.
The department may reconsider assistance as frequently as may be required. The department may deny, reduce, suspend, or terminate assistance as the circumstances may indicate upon such reconsideration.
Source: SL 1997, ch 166, § 15.
28-7A-15. Appeal by aggrieved applicant or recipient.
An applicant or recipient whose application is denied or not acted upon or who is aggrieved by any action affecting receipt, suspension, reduction, or termination of assistance may appeal the action or inaction as provided in chapter 1-26.
Source: SL 1997, ch 166, § 16.
28-7A-16. Denial, reduction, or termination of assistance to deter fraud and program abuse.
No applicant or recipient of assistance under this chapter may:
(1) Intentionally make or cause to be made any false statement or misrepresentation in any application, report, or other communication with the department; or
(2) Having knowledge of any event or circumstance affecting the initial or continued eligibility for assistance, intentionally conceal or fail to disclose that event or circumstance for the purpose of obtaining assistance.
The department may deny, reduce, or terminate assistance to any person or household who has violated this section for such period as may be reasonable or necessary to deter fraud or program abuse.
Source: SL 1997, ch 166, § 17.
28-7A-17. Adoption of policies to recover overpayment of assistance.
The department may adopt, pursuant to chapter 1-26, necessary and reasonable policies and procedures to recover or recoup any overpayment of assistance that resulted from fraud or misrepresentation, erroneous determination of eligibility or amount of assistance, or otherwise.
Source: SL 1997, ch 166, § 18.
28-7A-18. Assistance not transferable--Assistance not subject to legal process--Exception.
Assistance granted under this chapter is not transferable or assignable at law or in equity. No money paid or assistance granted under this chapter is subject to execution, levy, attachment, garnishment, or other legal process, except as may be expressly authorized by law for purposes of recovery or recoupment by the department, or to the operation of any bankruptcy or insolvency law.
Source: SL 1997, ch 166, § 19.
28-7A-19. Effect of amending or repealing acts.
Assistance implemented under this chapter is subject to the provisions of any amending or repealing act that may hereafter be enacted. No applicant or recipient of assistance under this chapter has any claim for compensation or otherwise by reason of the effect of any such amending or repealing act.
Source: SL 1997, ch 166, § 20.
28-7A-20. Department to implement combination work and education activity--Time limitation--Goal.
The Department of Social Services shall implement a combination work and education activity for recipients of the temporary assistance for needy families program who qualify under the provisions of §§ 28-7A-20 to 28-7A-24, inclusive. This combination work and education activity is limited to twenty-four months and must be directed towards a goal of employment that leads to self-sufficiency .
Source: SL 2000, ch 133, § 1.
28-7A-21. Combination work and education activity--Criteria for education component.
The education component of the combination work and education activity must meet the following criteria:
(1) Must be an undergraduate postsecondary educational program at an institution accredited by the North Central Association of Colleges and Secondary Schools;
(2) Must result in a marketable skill directly related to employment;
(3) Must be related to the available employment demands and opportunities in the recipient's labor market.
Source: SL 2000, ch 133, § 2.
28-7A-22. Eligibility for work and education activity.
The recipient of the temporary assistance for needy families program must meet the following criteria to be approved for the work and education activity under the provisions of §§ 28-7A-20 to 28-7A-24, inclusive:
(1) Must be enrolled in a postsecondary education program for a minimum of twelve credit hours. Credit hours to meet the requirement of this subdivision may not exceed fifteen;
(2) Must meet the admission requirements established by the institution;
(3) Must maintain a 2.5 grade point average; and
(4) Must have a combination of work hours and classroom hours that meet the work participation requirements of the state's temporary assistance for needy families program.
Source: SL 2000, ch 133, § 3.
28-7A-23. Department may limit number of participants in work and education activity.
The Department of Social Services may limit the number of participants in the work and education activity to meet the requirements under the state's temporary assistance for needy families program.
Source: SL 2000, ch 133, § 4.
28-7A-24. Promulgation of rules.
The department may promulgate rules pursuant to chapter 1-26 for the administration of §§ 28-7A-20 to 28-7A-24, inclusive. Rules may include the following:
(1) Employability assessment, work activities, and supportive services;
(2) Conditions of continued eligibility, eligibility time limits, eligibility recertification periods, and exemptions;
(3) Program participation requirements, criteria for disqualification, and good cause exemptions;
(4) Limits on the number of participants; and
(5) Such other rules and standards of operation and administration within the mandate of §§ 28-7A-20 to 28-7A-24, inclusive, as may be necessary or desirable to qualify for federal financial participation.
Source: SL 2000, ch 133, § 5.
