DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

PROPOSED

PUBLIC NOTICE

TANF CMR School Attendance Requirement

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services (DSS) is proposing to amend the Division of Social Services Manual regarding Temporary Assistance for Needy Families (TANF), specifically, to update policy regarding the school attendance element of the Contract of Mutual Responsibility (CMR).

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Nicole.M.Cunningham@delaware.gov, or by fax to 302-255-4413 by 4:30 p.m. on September 3, 2019. Please identify in the subject line: TANF CMR School Attendance Requirement.

The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.

SUMMARY OF PROPOSAL

The purpose of this notice is to advise the public that Delaware Health and Social Services/Division of Social Services (DHSS/DSS) is proposing to amend the Division of Social Services Manual regarding TANF, specifically, to update policy regarding the school attendance element of the Contract of Mutual Responsibility (CMR).

Statutory Authority

Background

The Temporary Assistance for Needy Families (TANF) Contract of Mutual Responsibility (CMR) is an agreement between the TANF client and the Division of Social Services that sets obligations and expectations for helping the TANF household achieve self-sufficiency. The CMR lists the responsibilities of the family and the supports the State will provide. The family's responsibilities include, but are not limited to: employment-related activities, school attendance and immunization requirements for children, family planning, parenting education classes, and substance abuse treatment requirements.

Summary of Proposal

Purpose

The proposed rule includes a new section on TANF bonus payments for specific school milestones and incorporates CMR sanction guidelines.

Summary of Proposed Changes

Effective for services provided on and after October 11, 2019, Delaware Health and Social Services/Division of Social Services proposes to amend the Division of Social Service Manual sections 3012 and 3012.1 regarding TANF, specifically, to update policy regarding the school attendance element of the Contract of Mutual Responsibility (CMR).

Public Notice

In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services/Division of Social Services (DHSS/DSS) gives public notice and provides an open comment period for thirty (30) days to allow all stakeholders an opportunity to provide input on the proposed regulation. Comments must be received by 4:30 p.m. on September 3, 2019.

Fiscal Impact

The policy is currently in place and there are no new financial responsibilities.

AMENDED

School attendance requirements exist for both adults and children. Children are expected to maintain satisfactory school attendance. Acceptable school attendance will be defined by the individual school. If the school does not define what is acceptable, use an 85% attendance rate.

Parents are expected to cooperate with school officials and other service providers in helping their child(ren) maintain satisfactory attendance. Penalties can be imposed if parents do not cooperate. These penalties will differ depending upon whether a child is under the age of 16 or is 16 or over.

Ensuring TANF children maintain satisfactory school attendance is a required CMR element for all TANF clients.

1. School attendance requirements exist for both TANF adults and children.

A. TANF adults are required to cooperate with school officials and other service providers when necessary to help their children maintain satisfactory school attendance.

B. TANF children are required to maintain satisfactory school attendance as defined by their individual schools or at an 85% attendance rate.

2. TANF clients will receive one-time bonus payments when their children achieve specific school milestones.

A. DSS will issue a one-time bonus payment for TANF children who graduate from high school by age 19.This bonus payment will be paid directly to the high school graduate.

B. DSS case workers must disregard the bonus payment as income for TANF and Food Benefit cases.

3. Failure to comply (without good cause) with the school attendance element in the CMR will result in a sanction to the TANF case.

A. For children under 16 years old:

i. The sanction will be an initial $50.00 reduction in the household’s TANF benefit amount if

the TANF adult does not comply with the school or other service providers to ensure the

child’s satisfactory school attendance.

ii. This reduction increases each month by $50.00 until there is compliance or the TANF

case is closed.

iii. If the child does not comply, a sanction will not be imposed if the TANF adult is complying

with the school or other service providers.

B. For children over 16 years old:

i. If the child does not comply, the child is removed from the TANF grant and the household

size is reduced.

C. The client will receive written notification of compliance requirements.

D. The sanction will end when DSS receives proof that TANF clients are complying with the school

attendance element.

i. The TANF adult must comply with the school or other service providers for four consecutive weeks for the sanction to end.

ii. TANF children over 16 years old must return to school, participate in employment and training, or work for four consecutive weeks for the sanction to end.

AMENDED

3012.1 Sanctions and Cures for Unsatisfactory School Attendance

CHILDREN UNDER 16 YEARS OLD

The fiscal sanction for noncompliance, without good cause, with school attendance (including dropping out of school) or alternative participation requirements will be:

A $50.00 reduction in the TANF grant each month if the parent does not work with the teen and the school to ensure school attendance. If the parent works with the school and the teen still does not comply with the requirement the sanction is removed.

CHILDREN AGE 16 AND OLDER, INCLUDING TEEN PARENTS WHO ARE DEPENDENT CHILDREN OR HEAD OF HOUSEHOLD

The fiscal sanction for noncompliance, without good cause, with school attendance, including dropping out of school, or alternative participation requirements will be:

The removal of the child from the grant and the subsequent reduction in household size.

To cure the sanction teens over 16 must first serve a full month sanction and either return to school, work, or participate in employment and training for four consecutive weeks whichever is longest.