Montana Code Annotated 1995

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     53-4-707. Exemptions. (1) Recipients of aid to families with dependent children must be exempted from participation in the JOBS program as provided by department rule.
     (2) The department shall establish, by rule, categories of individuals who are exempt from participation in the JOBS program in accordance with the requirements of section 201 of the federal Family Support Act of 1988, 43 U.S.C. 602(a)(19)(C)(i) through (a)(19)(C)(vii). In establishing the exemptions, the department shall take into consideration whether the individual:
     (a) is ill, incapacitated, or of advanced age;
     (b) is needed in the home because of the illness or incapacity of another member of the household;
     (c) is the parent or other relative who is personally providing care for a child of a very young age;
     (d) is employed;
     (e) is a child who is under the age of 16 or attends an elementary, secondary, or vocational school on a full-time basis;
     (f) is pregnant;
     (g) resides in an area of the state where the program is not available; or
     (h) is for any other reason exempt from participating in the program pursuant to state or federal regulations.
     (3) If a family is eligible for aid to families with dependent children because of the unemployment of the parent who is the principal wage earner, only one parent may be exempted to provide care for a very young child.
     (4) If waivers of federal law are granted by the secretary of the U.S. department of health and human services, recipients of aid to families with dependent children participating in the FAIM project may not be exempted from participation in the employment and training demonstration project.

     History: En. Sec. 6, Ch. 550, L. 1989; amd. Sec. 2, Ch. 200, L. 1995; amd. Sec. 23, Ch. 491, L. 1995.

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