CHAPTER 11. WORKFARE AS CONDITION FOR RECEIPT OF TOWNSHIP ASSISTANCE

IC 12-20-11
     Chapter 11. Workfare as Condition for Receipt of Township Assistance

IC 12-20-11-1
Public projects work requirement for township assistance recipients; exceptions; determination of suitability; value of performance; furnished equipment; supervision; insurance; displacement of employees; failure to comply
    
Sec. 1. (a) The township trustee shall obligate any adult member of a recipient household to do any work needed to be done within the county or an adjoining township in any other county for any nonprofit agency or governmental unit, including the state, having jurisdiction in those townships, unless:
        (1) the obligated individual is not physically able to perform the proposed work;
        (2) the obligated individual is a minor or is at least sixty-five (65) years of age;
        (3) the obligated individual has full-time employment at the time the recipient receives township assistance;
        (4) the obligated individual is needed to care for an individual as a result of the individual's age or physical condition;
        (5) the township trustee determines that there is no work available for any adult member of the recipient household; or
        (6) the individual obligated to perform the work is, at the direction of the township trustee, attending:
            (A) courses under section 3 of this chapter; or
            (B) a job training program under IC 12-20-12-1 or another job training program approved by the township trustee.
    (b) The township trustee shall determine a township assistance applicant's suitability to perform available work under this section. The township trustee may provide for medical examinations necessary to make the determination.
    (c) A township assistance recipient shall perform an amount of work that equals the value of assistance received by the township assistance recipient or the recipient's household. The township assistance recipient shall receive credit for the work performed, as assigned by the township trustee, at a rate not less than the federal minimum wage.
    (d) The unit of government or nonprofit agency for which work is performed under this section shall furnish the necessary tools, materials, or transportation, unless the trustee agrees in writing to furnish the necessary tools, materials, or transportation.
    (e) Supervision of the work of a township assistance recipient under this section is the responsibility of the governmental unit or nonprofit agency for which the work is performed.
    (f) The township trustee shall see that a township assistance recipient performing work under this section is covered by adequate liability insurance for injuries or damages suffered by or caused by the township assistance recipient.     (g) A township assistance recipient may not be assigned to work that would result in the displacement of governmental employees or in the reduction of hours worked by governmental employees.
    (h) The failure of a township assistance recipient to perform work assigned by the township trustee within a reasonable period required by the township trustee is a basis for denying further assistance to the recipient or the recipient's household for not more than one hundred eighty (180) days, unless the recipient shows good cause for not performing the work.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.41; P.L.73-2005, SEC.55.

IC 12-20-11-2
Nonprofit human services agency employment; suitability; value of performance; furnished equipment; supervision; insurance; displacement of employees
    
Sec. 2. (a) The township trustee may require the recipient to perform work for nonprofit human services agencies located within the county or an adjoining township in another county unless the recipient attends courses under section 3 of this chapter.
    (b) The township trustee shall determine a township assistance applicant's suitability to perform available work under this section. The township trustee may provide for medical examinations necessary to make the determination.
    (c) A township assistance recipient shall perform an amount of work that equals the value of assistance received by the township assistance recipient or the recipient's household. The township assistance recipient shall work off the assistance at a rate not less than the federal minimum wage.
    (d) The nonprofit agency for which work is performed under this section shall furnish the necessary tools, materials, or transportation, unless the trustee agrees in writing to furnish the necessary tools, materials, or transportation to and from the work site from the trustee's office.
    (e) Supervision of the work of a township assistance recipient under this section is the responsibility of the nonprofit agency for which the work is performed.
    (f) The township trustee shall ensure that a township assistance recipient performing work under this section is covered by adequate liability insurance for injuries or damages suffered by or caused by the township assistance recipient.
    (g) A township assistance recipient may not be assigned to work that would result in the displacement of employees of the nonprofit agency or in the reduction of hours worked by those employees.
As added by P.L.2-1992, SEC.14. Amended by P.L.73-2005, SEC.56.

IC 12-20-11-3
Work exemption and tuition reimbursement for education courses
    
Sec. 3. (a) If a township assistance recipient, after referral by the township trustee, is accepted and attends adult education courses

under IC 20-30-6-1 or courses at Ivy Tech Community College, the township assistance recipient is exempt from performing work or searching for work for not more than one hundred eighty (180) days.
    (b) The township trustee may reimburse a township assistance recipient for tuition expenses incurred in attending the courses described in subsection (a) if the recipient:
        (1) has a proven aptitude for the courses being studied;
        (2) was referred by the trustee;
        (3) does not qualify for other tax supported educational programs;
        (4) maintains a passing grade in each course; and
        (5) maintains the minimum attendance requirements specified by the educational institution.
As added by P.L.2-1992, SEC.14. Amended by P.L.5-1995, SEC.7; P.L.51-1996, SEC.42; P.L.1-2005, SEC.138; P.L.127-2005, SEC.6; P.L.1-2006, SEC.196; P.L.2-2007, SEC.161.

IC 12-20-11-4
Satisfaction of prior township obligations prerequisite to additional township assistance; hardship temporary assistance; confirming documentation
    
Sec. 4. (a) The township trustee may require a township assistance applicant or an adult member of the applicant's household to satisfy all obligations to perform work incurred in another township before additional township assistance is granted. However, in case of an emergency, the trustee may temporarily waive the work obligation incurred from another township and provide temporary assistance to an applicant or a household in order to relieve need or immediate suffering.
    (b) The township trustee may request from another township trustee documentation necessary to confirm that a township assistance applicant or an adult member of the applicant's household performed or did not perform work in another township.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.43; P.L.73-2005, SEC.57.

IC 12-20-11-5
Application of worker's compensation laws; repayment of assistance
    
Sec. 5. (a) Work performed under this chapter is considered as satisfaction of a condition for township assistance and is not considered as services performed for remuneration or as repayment for township assistance. However, a township assistance recipient performing work under this chapter and the governmental unit or nonprofit agency for which the recipient works are covered by the medical treatment and burial expense provisions of IC 22-3-2 through IC 22-3-6 with regard to the work performed.
    (b) A township trustee may not seek federal or state reimbursement, foreclose a lien, or otherwise seek repayment of assistance for which a recipient or an adult member of the recipient's

household has satisfactorily completed a workfare requirement.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.44; P.L.73-2005, SEC.58.