Title 28 — PUBLIC WELFARE AND ASSISTANCE

The implementation of assistance under this chapter does not establish a personal or family entitlement to assistance. Source: SL 1997, ch 166 , § 1.

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 p…

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 a…

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,…

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 t…

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.

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.

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 affecti…

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. So…

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 pur…

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 amendi…

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) "Departm…

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 …

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…

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 mi…

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.

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, eligibilit…

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 ser…

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.

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 …

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…

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. So…

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…

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.

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.