13 CSR 40-2.450 - 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
(1) The Family Support Division shall require
the assignment of a protective payee any time the Temporary Assistance
head-of-household 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
13 CSR
40-2.420.
(3) The Family Support Division shall require
the assignment of a protective payee any time the Temporary Assistance
head-of-household 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 40-2.430.
(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-of-household 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.
Notes
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