Indiana Code
Chapter 2. Temporary Assistance for Needy Families; Granting of Assistance
12-14-2-24. Establishing Paternity Required; Exceptions; Revocation; Good Faith Effort to Cooperate Required; Presumption of Good Faith Effort; Other Considerations

Sec. 24. (a) A dependent child and a parent or an essential person are not eligible for TANF assistance under this chapter unless the mother of the dependent child:
(1) initiates a court proceeding to establish paternity, other than an adoption proceeding, except as provided in IC 31-14-20-2;
(2) executes a paternity affidavit under IC 16-37-2-2.1; or
(3) requests, at the time of application or renewal, that the Title IV-D agency or its agents file a paternity action under IC 31-14-4-3.
(b) A person applying for assistance under this chapter is not required to comply with subsection (a) if:
(1) the father of the dependent child has been charged with an act of rape, incest, or child molesting that occurred against the dependent child's mother within ten (10) months before the birth of the dependent child;
(2) the mother of the dependent child is deceased;
(3) the division determines under rules adopted by the division under IC 4-22-2 that the mother of the dependent child could not know the identity of the child's father;
(4) the mother of the dependent child provides proof, and the division agrees, that the physical health or safety of the mother or the dependent child would be jeopardized if the mother complies with subsection (a); or
(5) the dependent child is living in the family home of a relative other than the mother of the child as described under IC 12-14-1-1(a) and the relative provides proof, and the division agrees, that the physical health or safety of the mother, relative, or dependent child would be jeopardized if the relative complies with subsection (a).
(c) If a dependent child's mother is a party to a paternity action filed under IC 31-14 (or IC 31-6-6.1 before its repeal), a county office shall revoke assistance under this chapter if the mother fails to pursue the paternity action.
(d) The office may not delay payments otherwise owing to a provider if the mother fails to comply with this section.
(e) Except as provided in subsection (b)(1), (b)(3), and (b)(5), if a child is residing with a nonparent guardian or custodian, the nonparent guardian or custodian shall make a good faith effort to cooperate with a prosecuting attorney or the division by providing to the prosecuting attorney or the division any information regarding the potential paternity of the child.
(f) The nonparent custodian or guardian is presumed to make a good faith effort under subsection (e) if the nonparent custodian or guardian does one (1) or more of the following:
(1) Responds to telephone calls from a prosecuting attorney or correspondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone, with a prosecuting attorney.
(3) Appears at a court hearing when requested by a prosecuting attorney.
(4) Does one (1) or more of the following:
(A) Provides information described in IC 12-7-2-43.5(b), to the extent the information is known.
(B) Affirms that the information described in IC 12-7-2-43.5(b) is not known.
(g) Before making a determination that the nonparent custodian or guardian is not making a good faith effort to cooperate, the prosecuting attorney shall consider one (1) or more of the following:
(1) Whether the nonparent custodian or guardian could reasonably be expected to provide the information.
(2) The age of the child for whom child support is being sought.
(3) The circumstances surrounding the conception of the child.
(4) The age and mental capacity of the nonparent custodian or guardian.
(5) The time that has expired since the nonparent custodian or guardian has last had contact with:
(A) the alleged father of the child;
(B) a parent of the child; or
(C) a relative of the persons listed in clause (A) or (B).
(6) Any credible information that demonstrates an inability to provide correct information about an alleged father or a parent of the child because of deception by the alleged father or parent.
(7) Any other credible information obtained by the prosecuting attorney that demonstrates the nonparent custodian or guardian has knowledge of the information sought by the prosecuting attorney.
As added by P.L.46-1995, SEC.24. Amended by P.L.1-1997, SEC.58; P.L.161-2007, SEC.23; P.L.80-2010, SEC.17.

Structure Indiana Code

Indiana Code

Title 12. Human Services

Article 14. Family Assistance Services

Chapter 2. Temporary Assistance for Needy Families; Granting of Assistance

12-14-2-0.5. "Essential Person" Defined

12-14-2-1. Determination of Eligibility; Amount of Assistance and Beginning Date; Exclusions From Consideration in Determining Eligibility

12-14-2-1.5. Income Not Considered for Eligibility

12-14-2-2. Investigations Made by Division

12-14-2-3. Amount of Assistance; Determination

12-14-2-4. Amount of Assistance; Considerations

12-14-2-5. Amount of Need Recognized and Payment Made; Maximum Amounts

12-14-2-5.1. Time Limitations on Receipt of Assistance; Cash Assistance Minimum

12-14-2-5.2. Employment Credit

12-14-2-5.3. Payments for Child Born More Than Ten Months After Family Qualifies for Assistance

12-14-2-5.4. Repealed

12-14-2-6. Need of Child; Age Excluded as Factor

12-14-2-7. Repealed

12-14-2-8. Repealed

12-14-2-9. Application of Percentage Reduction to Total Needs in Computing Benefits Payable

12-14-2-10. Repealed

12-14-2-11. Compliance With Awards

12-14-2-12. Notification of Assistance Decision

12-14-2-13. Reporting of Assistance Decisions

12-14-2-14. Repealed

12-14-2-15. Amount Granted; Justification; Conformance With Article

12-14-2-16. Child Living With Relative Prescribed in Ic 12-7-2-58

12-14-2-17. Mandatory School Attendance

12-14-2-18. Revocation or Suspension of Assistance; Sanctions

12-14-2-19. Release of School Attendance Records

12-14-2-20. Voluntary Leave of Employment or Reduction in Hours

12-14-2-21. Personal Responsibility Agreement

12-14-2-22. Repealed

12-14-2-23. Exemptions

12-14-2-24. Establishing Paternity Required; Exceptions; Revocation; Good Faith Effort to Cooperate Required; Presumption of Good Faith Effort; Other Considerations

12-14-2-25. Information on Receipt of Previous Assistance

12-14-2-26. Registration at Employment and Training Office