The department shall establish a policy regarding the implementation of family investment agreements which limits the period of eligibility for the family investment program based upon the requirements of a family’s plan for self-sufficiency. The policy shall require a family’s plan to be specified in a family investment agreement between the family and the department. The department shall adopt rules to administer the policy. The components of the policy shall include but are not limited to all of the following:
 1.

 Participation – exemptions.

 A parent living in a home with a child for whom an application for family investment program assistance has been made or for whom the assistance is provided, and all other individual members of the family whose needs are included in the assistance shall be subject to a family investment agreement unless exempt under rules adopted by the department or unless any of the following conditions exists:

 a. The individual is less than sixteen years of age and is not a parent.
 b. The individual is sixteen through eighteen years of age, is not a parent, and is attending elementary or secondary school, or the equivalent level of vocational or technical education program, on a full-time basis. If an individual loses exempt status under this paragraph and the individual has signed a family investment agreement, the individual shall remain subject to the terms of the agreement until the terms are completed.
 c. The individual is not a United States citizen and is not a qualified alien as defined in 8 U.S.C. § 1641.
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Terms Used In Iowa Code 239B.8

  • Applicant: means a person who files an application for participation in the family investment program under this chapter. See Iowa Code 239B.1
  • Assistance: means a family investment program payment. See Iowa Code 239B.1
  • Child: includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252A.2
  • Child: means an unmarried person who is less than eighteen years of age or an unmarried person who is eighteen years of age and is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching nineteen years of age. See Iowa Code 239B.1
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of health and human services. See Iowa Code 249L.2
  • Department: means the department of health and human services. See Iowa Code 239B.1
  • Director: means the director of health and human services. See Iowa Code 239B.1
  • Family: means a family unit that includes at least one child and at least one parent or other specified relative of the child. See Iowa Code 239B.1
  • Family investment agreement: means the agreement developed with a participant in accordance with section 239B. See Iowa Code 239B.1
  • Family investment program: means the family investment program under this chapter. See Iowa Code 239B.1
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • JOBS program: means the promoting independence and self-sufficiency through employment job opportunities and basic skills program created in section 239B. See Iowa Code 239B.1
  • Limited benefit plan: means a period of time in which a participant or member of a participant's family is either eligible for reduced assistance only or ineligible for any assistance under the family investment program, in accordance with section 239B. See Iowa Code 239B.1
  • month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
  • Participant: means a person who is receiving full or partial family investment program assistance. See Iowa Code 239B.1
  • Rule: includes "regulation". See Iowa Code 4.1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • United States: includes all the states. See Iowa Code 4.1
 2.

 Agreement options.

 A family investment agreement shall require an individual who is subject to the agreement to engage in one or more work or training options. An individual’s level of engagement in one or more of the work or training options shall be equivalent to the level of commitment required for full-time employment or shall be significant so as to move the individual’s level of engagement toward that level. The department shall adopt rules defining option requirements and establishing assistance provisions for child care, transportation, and other support services. A leave from engagement in work or training options shall be offered to a participant parent to address the birth of a child or the placement of a child with the participant parent for adoption or foster care. If such a leave is requested by the parent the combined duration of the leave shall not exceed the minimum leave duration, as outlined in the federal Family and Medical Leave Act of 1993, §102(a) and (b)(1), as codified in 29 U.S.C. § 2612(a) and (b)(1). The terms of the leave shall be incorporated into the family investment agreement. The work or training options shall include but are not limited to all of the following:

 a.

 Employment.

 Full-time or part-time employment.

 b.

 Employment search.

 Active job search.

 c.

 JOBS.

 Participation in the JOBS program.

 d.

 Education.

 Participation in other education or training programming.

 e.

 Family development.

 Participation in a family development and self-sufficiency grant program under section 216A.107 or other family development program.

 f.

 Work experience.

 Work experience placement.

 g.

 Community service.

 Unpaid community service.

 h.

 Parenting skills.

 Participation in an arrangement which would strengthen the individual’s ability to be a better parent, including but not limited to participation in a parenting education program.

 i.

 Family or domestic violence.

 Participation in a safety plan to address or prevent family or domestic violence. The safety plan may include a temporary waiver period from required participation in the JOBS program or other employment-related activities, as appropriate for the situation of the applicant or participant. All applicants and participants shall be informed regarding the existence of this option. Participation in this option shall be subject to review in accordance with administrative rule.

 j.

 Incremental family investment agreements.

 If an individual participant or the entire family has an acknowledged barrier, the plan for self-sufficiency may be specified in one or more incremental family investment agreements.

 3.

 Limited benefit plan.

 If a participant fails to comply with the provisions of the participant’s family investment agreement during the period of the agreement, the limited benefit plan provisions of section 239B.9 shall apply.

 4.

 Completion of agreement.
 a. Upon the completion of the terms of the agreement, family investment program assistance to a participant family covered by the agreement shall cease or be reduced in accordance with rules.
 b. However, if the period in which a participant family is without cash assistance is one month or less and the participant family has not become exempt from JOBS program participation at the time the participant family reapplies for cash assistance, the participant family’s family investment agreement shall be reinstated at the time the participant family reapplies. The reinstated agreement may be revised to accommodate changed circumstances present at the time of reapplication.
 c. The department shall adopt rules to administer this subsection and to determine when a family is eligible to reenter the family investment program.
 5.

 Contracts.

 The department may contract with the department of workforce development, economic development authority, or any other entity to provide services relating to a family investment agreement.

 6.

 Confidential information disclosure.

 If approved by the director or the director’s designee pursuant to a written request, the department shall disclose confidential information described in section 217.30, subsection 2, to other state agencies or to any other entity which is not subject to the provisions of chapter 17A and is providing services to a participant family who is subject to a family investment agreement, if necessary in order for the participant family to receive the services. The department shall adopt rules establishing standards for disclosure of confidential information if disclosure is necessary in order for a participant to receive services.

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