Section 75-02-01.2-02.1 - DiversionDiversion may be provided to a family experiencing a specific crisis situation or episode of need. Diversion is not assistance under title 45, Code of Federal Regulations, part 260.31, and is not a benefit for purposes of North Dakota Century Code section 50-09-06.1. Diversion may be provided to a family that meets all factors of eligibility for assistance under the temporary assistance for needy families program except as provided in this section.
1. A family may not receive diversion and a temporary assistance for needy families grant in the same month. A family may receive diversion for up to four months within a twelve-month period beginning in the month diversion is provided. A family that includes a caretaker who is not a legally responsible relative of a child member of the family may not receive diversion.2. Diversion may be provided to defray expenses necessary to retain or obtain employment. Within the limits described by the department, additional funds may be made available to a participant who would be unable to enter into or remain in a work activity without the use of those funds. Necessary expenses incurred in retaining or obtaining employment must be verified.3. Cooperation in obtaining support or establishing paternity for any child member of the family is permitted but not required.4. An applicant may appeal a denial, limitation, or termination of diversion, and a recipient of diversion may appeal termination or reduction of diversion, by making a written request for a hearing within thirty days from the date of the notice of adverse action. If diversion is denied or the case is close, diversion may not be provided pending completion of the fair hearing process. If diversion is reduced, benefits may be continued only based on the reduced level, pending completion of the fair hearing process.5. A month in which diversion is received does not count toward the temporary assistance for needy families sixty-month lifetime limit provided under section 75-02-01.2-35.1.6. When a diversion household is determined to have a recurrent or ongoing need, the diversion case must be closed and the household may reapply under temporary assistance for needy families to meet the recurrent or ongoing needs.N.D. Admin Code 75-02-01.2-02.1
Effective June 1, 2005; amended effective January 1, 2009; January 1, 2011.General Authority: NDCC 50-09-02, 50-09-25
Law Implemented: NDCC 50-09-02