DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Social Services
PROPOSED
PUBLIC NOTICE
FOOD STAMP PROGRAM
Child Support Cooperation and Sanctions
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) 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 is proposing to amend Food Stamp Program policies in the Division of Social Services Manual (DSSM) regarding the child support provisions.
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 Sharon L. Summers, Policy, Program and Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4425 by January 31, 2008.
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 PROPOSED CHANGES
Statutory Authority
Summary of Proposed Changes
DSSM 9076.2 (Revision), SSN Disqualification, Child Support Sanctions and Ineligible ABAWDs: Currently TANF and Child Care require DSS applicants and recipients to cooperate with DCSE to get benefits. DSS is proposing to require the same cooperation for food stamp clients. The only difference is that only the custodial parent or responsible individual will be sanctioned for non-compliance, not the other household members. The sanctioned individual will have his/her income and deductions prorated like other prorated, sanctioned deemers.
DSSM 9094 (New), Cooperation with the Division of Child Support Enforcement (DCSE): DSS is proposing to take the option to require custodial parents and other individuals responsible for the care of minor dependents to cooperate with the Division of Child Support Enforcement (DCSE) as a condition of eligibility for the Food Stamp Program.
Requiring the cooperation with child support will help facilitate the client towards self-sufficiency by identifying and locating absent parents, establishing paternity, and establishing support payments for the dependent children. Also, requiring cooperation may uncover unreported income. Child support payments may reduce the household’s benefit; however, the household will have more money to spend on household expenses and food.
DSS PROPOSED REGULATION #07-59
REVISION:
9076.2 SSN Disqualification, Child Support Sanctions and Ineligible ABAWDs
Determine as follows the eligibility and benefit level of remaining household members of a household containing individuals determined ineligible due to:
1) Resources ‑ The resources of such ineligible members continue to count in their entirety full to the remaining household members.
2) Income ‑ Count a prorata share of the income of such ineligible members as income to the remaining members. This prorata share is calculated by first subtracting the allowable exclusions from the ineligible member's income and dividing the income evenly among the household members, including the ineligible members. All but the ineligible member's share is counted as income for the remaining household members. To get the prorated share, subtract the allowable income exclusions from the ineligible member’s income, divide the amount by the household size, and use all the income except for the prorated share of the ineligible household member.
3) Deductible expenses - The Allow the earned income deduction applies to for the prorated share of income used by the remaining household members. earned by such ineligible members which is attributed to their households. That portion of Divide the household's allowable child support payment, shelter (except any utility allowances), and dependent care expenses, which are either paid by or billed to the excluded members, will be divided evenly among the household's members including the ineligible members. Allow Aall but the ineligible member's share is counted as a deductible child support payment, shelter (except any utility allowances), or minor care expense for the remaining household members.
4) Eligibility and benefit level - Such iIneligible members will not be included when in determining their household's size for the purposes of when:
a) Assigning a benefit level to the household;
b) Comparing the household's monthly income with the income eligibility standards; or
c) Comparing the household's resources with the resource eligibility limits.
(Break in Continuity of Sections)
9094 Cooperation with the Division of Child Support Enforcement (DCSE)
Cooperation as Condition of Eligibility
In order to get food stamp benefits, all applicants must cooperate with the Division of Child Support Enforcement (DCSE) to receive child support for minor children in their care. Custodial parents/caretakers cannot get food stamps if they fail to cooperate with DCSE. A custodial parent is a natural or adoptive parent who lives with his or her child, or a person who is living with and exercises parental control over a child under the age of 18.
Both applicants and recipients must cooperate, unless they can show good cause, in:
1. Identifying and locating absent parents;
2. Proving paternity for minor children born out of wedlock; and
3. Getting support payments and/or other properties for the minor child(ren).
DCSE is the single State agency that:
Applicants and recipients will be told of this requirement in writing at the time of application and recertification for continued benefits. DSS will refer caretakers to DCSE based on the following:
Cooperation Responsibilities
Clients must cooperate with DCSE to get food stamp benefits. All families are required to provide enough information to permit DCSE to get child support on behalf of the family.
DCSE can make exceptions when the caretaker can prove that trying to get child support would create a danger to the caretaker or the children. This is called a good cause claim. The client is responsible to get proof to verify good cause claims.
DCSE can also determine a caretaker has cooperated when he/she makes a good faith effort to provide all the information he/she can about the non-custodial parent.
To cooperate with DCSE, applicants or recipients of food stamps must participate in the following activities, if required:
Penalties for Non-Cooperation
When a caretaker fails to cooperate with DCSE without good cause or fails to make a good faith effort to cooperate, that person will not get food stamp benefits. The sanction applies only to the caretaker, not the entire household.
Income, Expenses and Resources of Sanctioned Household Member
All resources of the sanctioned caretaker count toward the food stamp benefits. Income and expenses are prorated and count toward the food stamp benefits. See policy under 9076.2.
Curing the Child Support Sanction
To cure the child support sanction, the caretaker will provide enough information to permit DCSE to pursue child support collections on behalf of the minor children in his/her care. Once it is determined that the caretaker has cooperated, DSS will add him/her to the case.
Reopening the Sanctioned Person
Once DCSE provides proof that the caretaker cooperated, DSS will reopen him/her. The caretaker will be added to the case effective the month after the month he/she cooperated. The household’s certification period is not shortened or extended because of the sanction.
Good Faith Effort
If the applicant or recipient cannot provide the minimum information required about the absent parent, DCSE may still determine the person as cooperating if the person completes a Good Faith Affidavit. The Affidavit lists the steps the caretaker took to get the information and what barriers the person faced.
Good Cause Determination
DCSE is responsible to determine if good cause for refusing to cooperate exists. When good cause exists, the person may get food stamp benefits and will not have to cooperate in support collection activities.
Claiming Good Cause for Non-Cooperation
DSS will tell applicants and recipients, at application and recertification, of the right to good cause as an exception to the cooperation requirement. DSS will also tell applicants and recipients about the reasons they have to claim good cause.
Caretakers will not have to cooperate if they believe that their cooperation would not be in the best interest of their child. They must give proof to support their claim.
DCSE may decide that a person has good cause for refusing to cooperate if one or more of the following conditions exist:
Proof of Good Cause Claim
It is the custodial parent’s or responsible persons’ responsibility to provide DCSE with the proof needed to determine whether they have good cause for refusing to cooperate. If the reason for claiming good cause is a fear of physical harm and it is impossible to obtain proof, DCSE may still be able to make a good cause decision after reviewing the claim.
The following are examples of acceptable kinds of proof DCSE can use to decide if good cause exists:
When requested, DCSE will try to help persons obtain necessary documents to support their claim.
Investigations of Good Cause Claim
The caretaker must give the necessary proof to DCSE within 20 days after claiming good cause. DCSE will give the parent or person more time if they decide that more than 20 days are required because of the difficulty in getting the proof.
DCSE may decide on the claim based on the proof which is given, or conduct a review to verify the claim. If DCSE decides they need to review the claim, DCSE may require the person to give information, such as the absent parent’s name and address, to help the review. The DCSE will not contact the absent parent without first telling the person.
Delayed finding of good cause
DSS will not deny, delay, or discontinue assistance when DCSE has not made a decision on the good cause claim as long as the caretaker has given proof and other information needed by DCSE. DSS will follow the normal processing standards for these cases.
Administrative Hearings
Applicants and recipients have the right to request an administrative hearing if they disagree with the decision of non-cooperation made by DCSE. When caretakers request an administrative hearing regarding the decision of non-cooperation or failure by DCSE to accept good cause claims, DCSE will schedule and conduct the administrative hearing.
The caretaker can ask for a hearing by sending in his or her request in writing within 20 days to:
Administrative Hearing Officer – DCSE
P.O. Box 11564
Wilmington, DE 19805
The request should include the caretaker’s name, case number, social security number and daytime telephone number.