Assignment of a Protective Payee Over Temporary Assistance Benefits When the Head-of-Household is Declared Ineligible for Temporary Assistance Pursuant to 13 CSR 40-2.400 through 13 CSR 40-2.440

PURPOSE: This rule adds the requirement that all recipients for Temporary Assistance benefits who are age eighteen (18) or older and are the head-of-household and who become ineligible as set forth in 13 CSR 402.400 through 13 CSR 40-2.440 will have a protective payee assigned to administer the Temporary Assistance benefit. (1) The Family Support Division shall require the assignment of a protective payee any time the Temporary Assistance head-ofhousehold refuses to complete the screening process as set forth in 13 CSR 40-2.410. (2) The Family Support Division shall require the assignment of a protective payee any time the Temporary Assistance head-of-household refuses to submit to a drug test for the illegal use of a controlled substance as set forth in (3) The Family Support Division shall require the assignment of a protective payee any time the Temporary Assistance head-ofhousehold tests positive for the illegal use of a controlled substance and does not enter or successfully complete a substance abuse treatment program as set forth in 13 CSR 402.430. (4) The Family Support Division shall designate the protective payee, within forty-five (45) days of the administrative hearing decision that affirms the division as outlined in 13 CSR 40-2.440, or when a new protective payee must be designated. (A) The Temporary Assistance head-ofhousehold may nominate an individual to be their protective payee. (B) A relative, friend, clergy person, or other qualified adult may be designated as the protective payee. (C) The protective payee shall certify to the division he/she meets the following qualifications before being appointed to be a protective payee: 1. Over the age of twenty-one (21); 2. Able to read, write, and willing and able to act in a fiduciary capacity to handle funds on behalf of another person; 3. Has the ability to keep his/her current residence and mailing address on file at all times with the Family Support Division and keep the individual and other household members informed of his/her current address and contact information; 4. Able to maintain records and account for the use of funds as provided in this regulation; 5. The Department of Social Services has not established a claim against him/her for fraud or misuse arising from any program administered by the Department of Social Services; 6. Has not been convicted, pled guilty or nolo contendere, or received a suspended imposition of sentence (regardless of whether incarceration actually occurred) of any felony; 7. Has not been convicted, pled guilty or nolo contendere, or received a suspended imposition of sentence (regardless of whether incarceration actually occurred) of any misdemeanor set forth in Chapter 570, RSMo; 8. Has not been convicted, pled guilty or nolo contendere, or received a suspended imposition of sentence (regardless of whether incarceration actually occurred) of any misdemeanor involving the use and/or possession of controlled substances; 9. Has not been convicted, pled guilty or nolo contendere, or received a suspended imposition of sentence (regardless of whether incarceration actually occurred) of any misdemeanor involving the ineligible individual or a family member that is in the Temporary Assistance household; 10. Has not been placed on the central registry maintained by the Department of Social Services for any actions or inaction involving the ineligible individual or a family member that is in the Temporary Assistance household; and 11. Has no civil or criminal court order that hinders the ability of the protective payee to perform any duties as provided in this regulation. (D) The protective payee has an affirmative obligation to notify the division of any changes in circumstances that would affect his/her qualifications to serve as protective payee as set forth in section (4) including changes in his/her address or contact information within ten (10) days of the change. (5) A person shall not be qualified to serve as a protective payee under the following circumstances: (A) The person does not meet the qualifications set out in section (4) of this regulation; or (B) The person makes any false statements in the certification as set out in section (4) of this regulation. (6) Responsibilities of the protective payee include: (A) Acting in a fiduciary capacity on behalf of the members of the Temporary Assistance household when receiving and using the Temporary Assistance benefits under this regulation; (B) Keeping receipts and other records necessary and appropriate to document how he or she has spent or otherwise utilized the Temporary Assistance benefits paid to the protective payee under this regulation; (C) Providing an accounting to the individual, to other household members, or their legal representative and/or the Family Support Division for the receipt and expenditure of all Temporary Assistance benefits paid under this regulation; and (D) Providing copies of the receipts and other documents to the individual or the division upon request. (7) The protective payee must use the Temporary Assistance benefits as follows: (A) To meet the needs of the Temporary Assistance household. Approved uses may include, but are not limited to, the following examples: clothing, food, household supplies such as cleaning supplies and sanitary supplies, medicine, school supplies for children in the household, utility payments, rent, and activities for the children; (B) Shall not be used to meet the needs of the protective payee or to compensate the protective payee for managing the Temporary Assistance benefits; (C) Shall not be given to or used in any way to benefit the ineligible individual, or an individual or entity that does not provide a need for the Temporary Assistance household; (D) Shall not be utilized to purchase controlled substances without a prescription from a licensed health care professional; and (E) Any payments made to the protective payee that are utilized in violation of this regulation shall be considered a misuse of Temporary Assistance benefits. (8) The Family Support Division may remove and designate a new protective payee when— (A) The protective payee fails to use the benefits as set out in section (7) of this regulation; (B) The protective payee fails to meet the qualifications in section (4); and (C) A protective payee who has been previously removed shall be disqualified from serving as a protective payee under this regulation. (9) The Family Support Division may remove the protective payee at such time when the head-of-household is no longer ineligible for Temporary Assistance benefits as set forth in 13 CSR 40-2.400 through 13 CSR 40-2.440. AUTHORITY: section 208.027, RSMo Supp. 2012.* Original rule filed June 29, 2012, effective Feb. 28, 2013. *Original authority: 208.027, RSMo 2011.