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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2014

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Delaware Health and Social Services (“Department”) / Division of Social Services initiated proceedings to amend the Division of Social Services Manual (DSSM) regarding Delaware TANF Employment and Training Program requirements, specifically, Sanctions and Curing Sanctions. The Department’s proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the March 2014 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by March 31, 2014 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
45 CFR 261.13, May an individual be penalized for not following an individual responsibility plan?
45 CFR 261.14, What is the penalty if an individual refuses to engage in work?
45 CFR 261.15, Can a family be penalized if a parent refuses to work because he or she cannot find child care?
45 CFR 261.56, What happens if a parent cannot obtain needed child care?
DSSM 3100, Employment and Training and Work Requiring Employment and Training Participation
DSSM 3011.2, Sanctions for Failing to Comply with Requirements Sanctioning for Not Meeting Employment and Training Requirements
NEW DSSM 3011.2.1, Sanctioning When Child Care Is Not Available
DSSM 3011.3, Curing Sanction Penalties Curing a Full Family Sanction
Agency Response: Thank you for your endorsement.
Agency Response: You recommended that DSS reconsider the “one hour drive” standard in regards to determining the availability of child care. DSS agrees that a more objective measure should be used and will amend §3011.2.1, Par. 2 to child care that is available within ten (10) miles of the home or place of employment.
Agency Response: Additionally you noted the following: “Second, §3011.2.1, Par. 5, recites as follows: “While a parent may not be sanctioned as a result of child care being unavailable, the parent is not exempt from TANF work participation requirements or the TANF time limits.” The statement that the parent who proves the unavailability of child care may not sanctioned but “is not exempt from TANF work participation” is odd and ostensibly contradictory. If the parent proves a lack of available child care, the parent should logically be exempt from work participation. DSS may wish to review the accuracy of the recital.” The policy was attempting to relay that a family exempt due to the unavailability of child care would still be reflected in the States federal work participation rate. This fact does not need to be reflected in this policy; therefore the reference to not being exempt from work participation requirements is stricken although the time limit remains in place.
THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Services Manual (DSSM) regarding Delaware TANF Employment and Training Program, specifically, Sanctions and Curing Sanctions, is adopted and shall be final effective August 10, 2014.
3011 Employment and Training and Work Requiring Employment and Training Participation
DSS expects work-eligible adults to participate in either employment or activities related to finding work (e.g. employment and training activities) for the required number of hours 30, 35, or 55 twenty (20), thirty (30), or forty (40) hours a week for two (2) consecutive weeks prior to TANF benefits being authorized. The TANF benefit will continue uninterrupted as long as the participation in work or work activities continues for the required number of hours per week (see sections 3006.2 3006, 3006.1, 30061.1, and 30061.2). DSS also expects caretakers to cooperate as necessary with school and other officials to ensure satisfactory school attendance by dependent children under age 16. The failure of clients to maintain any of these activities represent sanctionable offenses.
3011.2 Sanctions for Failing to Comply With Requirements Sanctioning For Not Meeting Employment and Training Requirements
See Administrative Notice: A-7-99 Child Care Issues
5. Families Are Not Exempt From [TANF Work Requirements Or] Time Limits
3011.3 Curing Sanction Penalties Curing a Full Family Sanction
This policy applies to TANF cases that have been sanctioned as a result of not meeting the TANF requirements for employment and training.
Last Updated: December 31 1969 19:00:00.
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