# Mont. Code Ann. § 53-4-212: 53-4-212 Department to adopt rules > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-212 ## Section - **Citation:** Mont. Code Ann. § 53-4-212 - **Heading:** 53-4-212 Department to adopt rules - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 53 / Chapter 4 / Part 2 / Section 53-4-212 ## Text 53-4-212 . Department to adopt rules. (1) The department shall adopt rules and take action as necessary or desirable for the administration of public assistance programs. (2) Subject to subsection (3), the department shall adopt rules that may include but are not limited to rules concerning: (a) eligibility requirements, including gross and net income limitations, resource limitations, and income and resource exclusions; (b) amounts of assistance, methods for computing benefit amounts, and the length of time for which benefits may be granted; (c) the degree of kinship required for a person to qualify as a specified caretaker relative in order to be eligible for assistance; (d) procedures and policies for employment and training programs, requirements for participation in employment and training programs, and exemptions, if any, from participation requirements; (e) requirements for specified caretaker relatives, including cooperation with assessments, the number of hours of participation required for each month, specific activities required to address employment barriers, and other terms of performance; (f) eligibility for and terms and conditions of child-care assistance for cash assistance recipients, including maximum amounts of assistance payable and amounts of copayments required by specified caretaker relatives; (g) eligibility criteria and participation requirements for nonfinancial assistance recipients; (h) terms of ineligibility or sanctions against a specified caretaker relative or other family member who fails to enter into an individual responsibility plan or to comply with the individual's obligations under the plan; (i) requirements, if any, for participation in a temporary assistance to needy families employment and training program; (j) reporting requirements; (k) sanctions, disqualification, or other penalties for failure or refusal to comply with the rules or requirements of a public assistance program; (l) exemptions from the 60-month limitation on assistance provided in 53-4-231 based on hardship or for families that include an individual who has been battered or subjected to extreme cruelty, as defined in section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 608, including but not limited to the duration of the exemption; (m) individuals who must be included as members of an assistance unit; (n) categories of aliens who may receive assistance, if any; (o) requirements relating to the assignment of child support rights and cooperation in establishing paternity and obtaining child support; (p) requirements for eligibility and other terms and conditions of other programs to strengthen and preserve families; (q) special eligibility or participation requirements applicable to teenage parents, if any; (r) conditions under which assistance may be continued when an adult or a dependent child is temporarily absent from the home and the length of time for which assistance may be continued; (s) any random drug testing or reporting requirements for persons who are required to comply with the conditions provided under 53-4-231 (3) and graduated sanctions that may include terms of ineligibility for violations of conditions of supervision or treatment requirements. The department may enter into agreements with the department of corrections regarding testing and reporting on offenders under the supervision of the department of corrections. s for persons who are required to comply with the conditions provided under 53-4-231 (3) and graduated sanctions that may include terms of ineligibility for violations of conditions of supervision or treatment requirements. The department may enter into agreements with the department of corrections regarding testing and reporting on offenders under the supervision of the department of corrections. (t) approved educational programs, appropriate educational courses of study, employee assessment instruments, and administration of the Montana parents as scholars program provided for in 53-4-209 . (3) The department shall adopt rules establishing a net income limit of 250% of the current federal poverty level for federal funds or state general fund money used for participating families in the child care for working caretaker relatives program. The department may incorporate an earned income work disregard of $200 and an additional 25% disregard from the household's gross income to determine the household's net income. ## Nearby sections - [Mont. Code Ann. § 53-4-201 53-4-201 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-201.md) - [Mont. Code Ann. § 53-4-202 53-4-202 Cash assistance to be in effect in all counties](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-202.md) - [Mont. Code Ann. § 53-4-209 53-4-209 Montana parents as scholars program -- department duties](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-209.md) - [Mont. Code Ann. § 53-4-210 53-4-210 Tribal family assistance plan](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-210.md) - [Mont. Code Ann. § 53-4-211 53-4-211 Administration of programs funded under temporary assistance for needy families block grant](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-211.md) - [Mont. Code Ann. § 53-4-212 53-4-212 Department to adopt rules](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-212.md) - [Mont. Code Ann. § 53-4-213 53-4-213 Department rules binding](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-213.md) - [Mont. Code Ann. § 53-4-214 53-4-214 Distribution of copies of law and forms by department](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-214.md) - [Mont. Code Ann. § 53-4-215 53-4-215 Cooperation with federal government](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-215.md) - [Mont. Code Ann. § 53-4-221 53-4-221 State administration](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-221.md) - [Mont. Code Ann. § 53-4-222 53-4-222 County administration subject to rules prescribed by department](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-222.md) - [Mont. Code Ann. § 53-4-231 53-4-231 Eligibility](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-231.md) - [Mont. Code Ann. § 53-4-232 53-4-232 Application for assistance](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-232.md) - [Mont. Code Ann. § 53-4-233 53-4-233 Eligibility determination for applications](https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-233.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T53_C4_P2_S53-4-212. Check the current official text before relying on it. Not legal advice.