PURPOSE: This rule establishes a five (5)- year time limit on receipt of Temporary Assistance.

1. (1) Subject to the exceptions contained in this section, for the purpose of the administration of the Temporary Assistance Program, the Division of Family Services shall not provide or continue to provide assistance to or on behalf of—

   1. (A) A family that includes an adult who has received assistance, whether provided in Missouri or another state or territory, or whether provided before or after the effective date of these rules, for a total of five (5) years (sixty (60) cumulative months, whether or not consecutive); and

   2. (B) For purposes of the administration of subsection (1)(A) of this rule the Division of Family Services shall not count towards the five (5)-year (sixty (60)-month)-limit—

      1. 1. Any month of receipt of assistance by

an individual when—

1. A. The individual is participating in a

wage supplementation program; or

1. B. The individual was a minor and not

the head-of-household nor married to the head-of-household; and

1. 2. Any month in which an adult lived in

Indian country (as defined in section 1151 of Title 18, United States Code) or in a Native Alaskan Village if at least one thousand (1,000) individuals were living on the reservation or in the village and at least fifty percent (50%) of the adults living on the reservation or in the village were not employed.

1. (2) Notwithstanding the provisions of subsection (1)(A) of this rule the Division of Family Services has the option to extend assistance from the Temporary Assistance Program beyond the five (5)-year limit. The division may, but is not required to, extend such additional assistance to a family only on the basis of—

   1. (A) Hardship; or

   2. (B) The fact that the family includes someone who has been battered, or subject to extreme cruelty based on the fact that the individual has been subjected to—

      1. 1. Physical acts that resulted in, or

threatened to result in, physical injury to the individual;

1. 2. Sexual abuse;
2. 3. Sexual activity involving a dependent

child;

1. 4. Being forced as the caretaker relative

of a dependent child to engage in nonconsensual sexual acts or activities;

1. 5. Threats of, or attempts at, physical or

sexual abuse;

1. 6. Mental abuse; or
2. 7. Neglect or deprivation of medical

care.

1. (C) If the division opts to extend assistance to part of its caseload as permitted under this section, it will only determine whether or not the extension applies to a specific family once an adult in the family has received sixty (60) cumulative months of assistance.

AUTHORITY: sections 207.020 and 208.040.5, RSMo 1994.* Emergency rule filed Feb. 18, 1998, effective March 1, 1998, terminated Aug. 10, 1998. Original rule filed Jan. 16, 1998, effective Aug. 1, 1998. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993 and 208.040.5, RSMo 1949, amended 1955, 1969, 1982, 1985.