Delaware's Temporary Assistance for Needy Families (TANF) welfare reform effort is based on the idea that TANF is a transitional benefit and should not become a way of life. The Division maintains that the way for persons to avoid TANF dependency is for them to find and maintain employment.

(45 CFR §261.2 (n)(2)(i))

All adult caretakers and other adults in the assistance unit who are not exempt must participate in Employment and Training related activities. The four possible exemptions are:

A. A single custodial parent caring for a child under 12 months of age. This exemption has a lifetime limit of 12 months.

B. An individual determined unemployable by a health care professional.

C. On a case-by-case basis, clients who are victims of Domestic Violence. [see DSSM 3010.2.1 through DSSM 3010.2.5]

D. A parent caring for a disabled family member* who lives in the home.

* A parent or spouse can be excluded to care for a child or a spouse as long as the following conditions apply:

1. The parent is biological, adoptive or step.

2. The parent or spouse lives in the home with the child.

3. The need for such care is supported by medical documentation.

4. The spouse of a parent can use the caring for exemption even though the marriage is terminated by death or divorce.

Children age 16 or older who are not attending school must participate in work or other alternative activities, e.g., GED.

Individuals who are exempt from Employment and Training requirements can volunteer to participate in the Employment and Training Program. Individuals with disabilities will be afforded the same access, supports and opportunities including reasonable accommodations to participate in the Employment and Training programs.

Under the Temporary Assistance For Needy Families Block Grant, DSS is required to meet the following work participation rates with respect to all families that include an adult or minor child head of household receiving assistance:

DSS may face a lower work participation rate if it experiences a net caseload reduction compared to FY 2005.

Example: If it is determined that DSS' average monthly caseload in FY 2006 was 4 percentage points lower than average monthly caseloads in FY 2005, then, rather than having to meet a 50% work participation rate requirement in FY 2006, the rate would be lowered by 4 percentage points to 46%.

To be counted toward meeting the work participation rate, each individual must meet the required number of hours each week.

Single parents who are not working 30 hours a week or making an equivalent of 30 hours a week times minimum wage are required to participate in work and/or work related activities. Participation in work and work related activities must equal at least a minimum average of 30 hours a week; and, at least 20 of the hours per week must come from participation in federally defined core activities.

Single parent/caretaker TANF recipients with a child in the TANF household under six are deemed to be engaged in work for a month if the recipient is engaged in federally defined core work activities for an average of at least 20 hours per week during the month.

Two-parent families where one parent is not working at least 35 hours a week or making the equivalent of 35 hours a week times minimum wage are required to participate in work and/or work related activities. Participation in work and work related activities must equal an average of at least 35 hours a week; and, at least 30 of the hours per week must come from participation in federally defined core activities.

Two parent families who receive federally funded Purchase of Care services who are not working at least 55 hours a week or making the equivalent of 55 hours a week times minimum wage are required to participate in work and/ or work related activities. Participation in work and work related activities for one parent must equal 35 hours a week. Combined hours of participation in work and work related activities must equal an average of at least 55 hours a week. Of the average 55 hours a week the participants must average at least 50 hours a week of federally defined core activities.

Teen parents are required to attend school, work, or participate in the employment and training activities. Secondary, post-secondary, vocational, training school, and participation in a GED program meets participation requirements for the month and is the equivalent to work. If they are not attending one of the above types of school or working for 30 hours a week they must participate in employment and training activities for 20 or 30 hours a week.

Single custodial parents with a child under 12 months of age are able to receive an exemption from Employment and Training requirements for a total of 12 months in their lifetime. These 12 months can be used any time the parent has a child less than 12 months of age. Once the youngest child reaches 12 months of age the parents are required to participate in Employment and Training. If they are already working the equivalent of their required Employment and Training Hours (20, 30, 35, 55), the DCIS II system will code them as volunteers for Employment and Training.

The monthly participation rate is calculated as follows:

Numerator: # of TANF families with a work-eligible-individual who meet the participation requirement for the month

divided by

Denominator: # of TANF families that include a work-eligible individual, less # of families sanctioned in that month for failure to participate in work (for up to 3 months in preceding 12 month period), less the number of non-needy caretaker households less the number of single custodial parents opting to use one of the 12 months allowable exemptions for caring for a child under one year of age. A parent can only use this exemption for a total of 12 months in their lifetime.

8 DE Reg. 1618 (5/01/05)

10 DE Reg. 706 (10/01/06)

11 DE Reg. 1241 (03/01/08)

The following individuals must participate in work related activities and are included in the denominator for calculating the Federal participation rates.

• Work-eligible individuals as defined in DSS TANF policy;

• Work-eligible adults in the Time-Limited Temporary program;

• Work-eligible adults for whom the Contract of Mutual Responsibility specifies the employment-related activities that will be required;

• Work-eligible adults who are not exempt because they are medically unable to participate; and

• Work-eligible adults who are not exempt because they used their 12 month limit of child care for a child under one year of age.

10 DE Reg. 706 (10/01/06)

The Division of Social Services, in conjunction with the Delaware Department of Labor and the Delaware Economic Development Office, has developed employment and training programs to move TANF clients to economic independence. These agencies will conduct initial and ongoing assessments of client employability and appropriateness of employment and training related activities. For individuals deemed unable to work because they are physically or mentally disabled a referral is made to the Division of Vocational Rehabilitation. Use Form 134.

The Division has agreements with the Delaware Department of Labor and the Delaware Economic Development Office to offer employment and training activities.

The goal is to place the adult recipient in an unsubsidized job in as timely a manner as possible. The Department of Labor will have the option of recycling through job search those adult recipients who are unsuccessful in finding work, and/or placing the adult recipient in an alternative work experience, OJT, remediation, or a skills training program. Also, both the Division and the Department of Labor are jointly responsible for the development of an Employability Development Plan.

Although the Department of Labor assumes primary responsibility for assigning adult recipients to employment-related activities for this age group, the Division retains responsibility for sanctions, federal reporting and other TANF requirements.

10 DE Reg. 706 (10/01/06)

The following are employment-related activities that count as participation:

• Unsubsidized employment - means full- or part-time employment in the public or private sector where the employer in not subsidized by TANF or any other public program. (A subsidy does not include employer tax credits for hiring economically disadvantaged workers.)

• Subsidized private sector employment - means employment in the private sector for which the employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a recipient.]

• Subsidized public sector employment - means employment in the private sector for which the employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a recipient.

• The goal of subsidized employment is to move participants into unsubsidized employment, so duration should be limited.

• Unlike work experience, a participant is paid wages and receives the same benefits as a non-subsidized employee.

• Preamble outlines 3 subsidized models:

1. Work supplementation where TANF funds that would otherwise be paid as assistance is paid to employer;

2. Third party contractor, like a temporary staffing agency, serves as employer of record and is paid a fee to cover salary, expenses and success in placing employees; and

3. Supported work for individuals with disabilities in an integrated setting.

• Work experience (including work associated with refurbishing of publicly assisted housing) if sufficient private sector employment is not available - means a work activity, performed in return for welfare, that provides an individual with an opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain employment. The purpose of work experience is to improve the employability of those who cannot find unsubsidized employment. This activity must be supervised by an employer, work site sponsor, or other responsible party on an ongoing basis no less frequently than daily.

• Participants receive TANF assistance/benefits, not wages.

• May be considered an “employee” under Fair Labor Standards Act (FLSA) broad definition. If so, participants must be compensated at the minimum wage and overtime rules apply. (See §§ 261.31-32 below for new flexibility in counting hours subject to FLSA.)

• TANF assistance/benefits that work experience participants receive are not considered wages for Social Security purposes, or taxable income for purposes of the Federal income tax, or the Federal Earned Income Tax Credit.

• A State may consider a work-experience participant to be an “employee” for purposes of worker’s compensation.

• On the job training - means training in the public or private sector given to a paid employee while he or she is engaged in productive work and that provides knowledge and skills essential to the full and adequate performance of the job.

• States may subsidize the employer to offset training costs.

• OJT must be supervised daily.

• Supported employment may be counted as OJT, if it includes significant on-site training in the skills and knowledge essential to job performance.

• Job search and job search readiness (six week limit) - means the act of seeking or obtaining employment, preparation to seek employment, including life skills training, and substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable. Such treatment or therapy must be determined to be necessary and certified by a qualified medical or mental health professional. Job search and job readiness activities must be supervised by the TANF agency or other responsible party on an ongoing basis no less than daily.

• The “job search” aspect includes looking for suitable job openings, making contact with potential employers, applying for vacancies and interviewing for jobs.

• Job readiness assistance comprises of two activities:

1. Preparing an individual to obtain employment, such as preparing a resume or job application, interviewing skills, instruction in work place expectations and life skills; and

2. Substance abuse treatment, mental health treatment, or rehabilitation activities for those who are otherwise employable.

• A State may only count an individual’s actual hours of participation in treatment or rehabilitation activities.

• If a portion of the treatment or rehabilitation service meets a common-sense definition of another work activity, then the hours associated with that activity may count under the appropriate category, such as work experience.

• For purposes of the 6-week limitation (no more than 4 consecutive weeks), a week consists of 7 consecutive days.

• Community service programs - means structured programs and embedded activities in which TANF recipients perform work for the direct benefit of the community under the auspices of public or nonprofit organizations. Community service programs must be limited to projects that serve a useful community purpose in fields such as health, social service, environmental protection, education, urban and rural redevelopment, welfare, recreation, public facilities, public safety, and child care. Community service programs are designed to improve the employability or recipients not otherwise able to obtain employment and must be supervised on an ongoing basis no less than daily. A State agency shall take into account, to the extent possible, the prior training, experience, and skills of a recipient in making appropriate community service assignments.

• Family- and self-improvement activities that do not provide a direct benefit to the community may not be counted as community service, including substance abuse treatment, mental health and family violence counseling, life skills and parenting classes, job readiness instruction and caring for a disabled household family member.

• Community service programs may not include activities that meet the definition of another allowable TANF work activity.

• Programs must include structured activities that both provide a community service and also improve the employability of participants.

• Excluded are unstructured and unsupervised activities such as helping a neighbor or friend, and foster parenting.

Participants may be considered an “employee” under the Fair Labor Standards Act (FLSA) broad definition. If so, participants must be compensated at the minimum wage and overtime rules apply

• Vocational educational programs (not to exceed 12 months); - means organized educational programs that are directly related to the preparation of individuals for employment in current or emerging occupations requiring training other than a baccalaureate or advanced degree.

• Vocational educational training must be supervised on an ongoing basis no less than daily. Vocational education does not include basis and remedial education, education in English proficiency, and postsecondary education.

• Unsupervised homework time may not count; however structured and monitored study sessions which can be documented may be counted.

• Vocational education must be provided by education or training organizations, such as vocational-technical schools, community colleges, postsecondary institutions and proprietary schools, etc.

• Job skills training directly related to employment - means training or education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace. Job skills training directly related to employment must be supervised on an ongoing basis no less frequently than daily.

• Barrier removal activities, such as substance abuse counseling and treatment, may not be included.

• Education directly related to employment for a recipient who has not received a high school diploma or equivalent - means education related to a specific occupations, job, or job offer. Education directly related to employment must be supervised on an ongoing basis no less frequently than daily.

• May also include adult basic education and ESL, and where required as a prerequisite for employment education leading to a General Educational Development (GED) or high school equivalency diploma.

• Participants should make “good or satisfactory progress” in terms of grades and completion timeframes under the standards of the institution.

• Satisfactory school attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate - means regular attendance, in accordance with the requirements of the secondary school or course of study, at a secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate. This activity must be supervised on an ongoing basis no less frequently than daily.

• To count, participants should make “good or satisfactory progress” in terms of grades and timeframes under the standards of the institution.

• May not include other related educational activities, such as adult basic education or language instruction.

• Unsupervised homework time may not count.

• Providing child care services to an individual who is participating in a community service program - means providing child care to enable another TANF recipient to participate in a community service program. This activity must be supervised on an ongoing basis no less frequently than daily.

• Regular school attendance or appropriate alternative activity (e.g., training or employment) for dependent children and minor parents.

• Participation in Vocational Rehabilitation program for eligible recipients.

Education and Training

Students who do not meet the Blevins Bill requirements in section 3006.6 can receive 1.5 hours of study time for each credit hour if the education or training class requires homework and study time to be completed outside of class time. A 3-credit course would equal 7.5 hours of participation. (3 + (3 x 1.5) = 7.5. Study hours must be supervised to count towards participation.

If a recipient is attending training or a program that does not have a designated credit hour, a determination of the amount of study time required for this training will have to be determined independently. This will be reported on the General Activity Screen in the DCIS II Employment and Training sub-system. A question will ask if this activity requires study time, if it is answered yes, then a mandatory screen will appear to enter the amount of weekly study hours. The amount of study hours necessary will be determined by the contractor.

The student must be in good standing as it relates to attendance and achievement as defined by the program the student is attending.

Example: A participant who is working 15 hours a week and taking 2 three-credit classes will have a participation rate of 30 hours. (15 hours of work + 6 credit hours of class + 9 hours of study time.

9 DE Reg. 1372 (03/01/06)

10 DE Reg. 706 (10/01/06)

8 DE Reg. 1618 (05/01/05)

9 DE Reg. 798 (11/01/05)

Repealed 10 DE Reg. 706 (10/01/06)

Under Senate Bill 101-1999, persons who must participate in Delaware's Temporary Assistance to Needy Families, can qualify for participation purposes if they are engaged in secondary education, post-secondary education up to the baccalaureate level, adult basic education or vocational training. Participants must meet the following Senate Bill 101-1999 requirements in order to meet participation rates.

(a) Persons who qualify for assistance under Delaware's Temporary Assistance To Needy Families shall be eligible to participate in adult basic education, secondary education, post-secondary education up to the baccalaureate level, adult basic education or vocational training as an approved work activity provided each of the following requirements are met:

1. The person does not hold a baccalaureate degree.

2. The secondary, post-secondary education up to the baccalaureate level, or vocational training is pursued through an accredited or approved school program.

3. The person is enrolled with enough credit hours to have full-time student status and is in good standing as it relates to attendance and achievement as defined by the program the person is attending.

4. If the person attending school would otherwise be subject to a work requirement in order to receive assistance under TANF, the combination of credit hours and work hours shall equal at least 20 hours per week while the program is in session. This work requirement may be met through work-study, internships, externships, or through work as a research assistant. If possible, during scheduled breaks, the work requirement will be the same as for other program participants, with work experience related to the field of study. However, if the student is enrolled full-time for the next semester and work activity placement cannot be arranged for the duration of the break in classes, it may be excused.

For every 1 credit hour count 1.5 hours of study as part of the fulfillment of the required work participation hours. Therefore, if a persons full-time status is 12 credit hours count the 12 hours plus an additional 18 hours (12 x 1.5 = 18) for a total of 30 hours of weekly participation.

(b) Loans, scholarships, grants and work-study received by the recipient to pay for tuition and materials are excluded in determination of eligibility for assistance under TANF or the amount of assistance received by the recipient

(c) The Department of Health and Social Services shall advise all persons of this section at application interviews and, at a minimum, at each recertification appointment.

(d) Persons attending education and training programs under this section shall receive support services, such as assistance with transportation and child care, while they attend the educational or vocational training program on the same basis as support services are provided other persons who are receiving assistance under TANF.

(e) If program completion will occur within one semester or quarter after the time limit expires, an extension may be granted for that semester or quarter.

(f) Persons sanctioned while attending educational or vocational programs shall be afforded the same due process as provided other persons under TANF.

8 DE Reg. 1618 (5/1/05)

9 DE Reg. 798 (11/01/05)