2011 Louisiana Laws
Revised Statutes
TITLE 46 — Public welfare and assistance
RS 46:231.6 — Termination of eligibility; twenty-four-month limit; refusal of employment

§231.6. Termination of eligibility; twenty-four-month limit; refusal of employment

A. A family shall be ineligible for FITAP benefits, including automatic eligibility for medical assistance under Title XIX of the Social Security Act (Medicaid), if any one of the following applies:

(1) The parent has received FITAP for at least twenty-four months, whether consecutive or not, out of the previous sixty months after January 1, 1997.

(2) A work-eligible parent has declined or refused the opportunity for full-time employment as specified in the participant's Family Success Agreement or has not complied with required work activities as specified in the participant's Family Success Agreement.

B. The provisions of this Section shall not apply to an incapacitated or disabled individual as documented or to such an individual in the recipient's household.

C. All work-eligible families receiving FITAP benefits will receive on-going intensive case management including monthly contact with those engaged in a work activity. The on-going intensive case management services will be provided to work-eligible families by the Department of Children and Family Services and other TANF partner agencies, in accordance with R.S. 46:231.7, to develop and comply with Family Success Agreements. The Family Success Agreement is the mutually developed contract between a FITAP recipient, on behalf of their family, and the department that sets forth mutual and time-bound responsibilities, expectations, activities, and goals designed to transition a participant from welfare to self-sufficiency. The Family Success Agreement shall be reviewed every six months. Failure to comply with the Family Success Agreement shall result in sanctions imposed upon the family in accordance with R.S. 46:231.7.

D. The secretary of the department may promulgate rules and regulations providing exceptions to the time limitations of this Section to the extent funds are available. In promulgating rules and regulations, in accordance with the Administrative Procedure Act, the secretary shall address circumstances:

(1) Where the individual maintains compliance with the STEP Family Success Agreement pursuant to R.S. 46:231.7.

(2) Where factors relating to job availability may be unfavorable.

(3) Where an individual loses his job as a result of factors not related to his job performance.

E. Work-eligible participants that are within six months of an expected transition from cash assistance, for reasons other than noncompliance with program requirements, or who have sustained unsubsidized employment for a period of more than three consecutive months, shall receive a Transition Assessment Plan, which will be developed in person to the extent possible, to assist in their transition from cash assistance. Such assessment shall include but not be limited to:

(1) Short and long-term goals related to self-sufficiency.

(2) On-going barriers to self-sufficiency.

(3) Action planning to overcome barriers to self-sufficiency.

(4) Information regarding on-going eligibility for supportive services such as child care, transportation, Medicaid, food stamps, Louisiana Children's Health Insurance Program, earned income tax credit, and other supportive services.

Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2003, No. 58, §1; Acts 2004, No. 110, §1; Acts 2004, No. 675, §1.