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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2018

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16 DE Admin. Code 2027
Delaware Health and Social Services ("Department") / Division of Social Services initiated proceedings to amend the Division of Social Services Manual (DSSM) regarding Disqualification of Individuals Convicted of Drug Related Offenses specifically, to remove the restriction against receipt of Cash Assistance from persons convicted of a drug felony. 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 December 2017 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by January 2, 2018 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
31 Del.C. §524 - Eligibility for Temporary Assistance for Needy Families
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 (DHSS)/Division of Social Services (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 were to have been received by 4:30 p.m. on January 2, 1018.
Agency Response: DSS appreciates the Councils' perspective on the fiscal note, but the fiscal note is not inaccurate; it is for the TANF and General Assistance Cash Assistance Programs. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 disqualifies individuals who were convicted of a drug felony on or after August 22, 1996 from TANF cash assistance. In 1996, DSS included General Assistance in its policy for consistency with the cash assistance programs it administered. DSS has decided to remove the ban from clients receiving General Assistance, since it was removed for TANF clients.
THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Services Manual (DSSM) regarding Disqualification of Individuals Convicted of Drug Related Offenses specifically, to remove the restriction against receipt of Cash Assistance from persons convicted of a drug felony, is adopted and shall be final effective March 11, 2018.
Last Updated: December 31 1969 19:00:00.
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