DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

FINAL

ORDER

Temporary Assistance for Needy Families (TANF)

NATURE OF THE PROCEEDINGS:

Delaware Health and Social Services (“Department”) / Division of Social Services initiated proceedings to amend Division of Social Service Manual (DSSM) regarding the Temporary Assistance for Needy Families (TANF), specifically, to revise the requirements of the Contract of Mutual Responsibility (CMR). 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 July 2018 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by July 31, 2018 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.

SUMMARY OF PROPOSAL

Effective for services provided on and after March 11, 2019 the Delaware Health and Social Services/Division of Social Services proposes to amend the Division of Social Services Manual sections 3009, 3013, 3013.1, 3013.2, 3014, 3014.1, 3014.2, 3015, 3015.1, 3015.2, 3016, 3016.1, 3016.2, 3017, 3017.2, 3017.2.1, 3017.2.2 regarding the Temporary Assistance for Needy Families (TANF), specifically, to revise the requirements of the Contract of Mutual Responsibility (CMR).

Statutory Authority

Background

The Contract of Mutual Responsibility (CMR) is an agreement between the TANF client and DSS which sets obligations and expectations for helping the client achieve self-sufficiency. The policies define the Temporary Assistance for Needy Families (TANF) as well as the requirements of the contract and the responsibilities of TANF recipients and the Division of Social Services.

Purpose

Purpose

The purpose of this proposed regulation is to enhance the definition, provide clarity to the requirements, increase readability, and add a financial coaching orientation to the 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 (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 July 31, 2018.

Fiscal Impact Statement

There is no anticipated fiscal impact to the agency as a result of this proposed change in program policy.

Summary of Comments Received with Agency Response and Explanation of Changes

Delaware Health and Social Services (DHSS)/Division of Social Services (DSS) received the following summarized observations:

Comment: Several commenters were concerned that some of the changes intended to simplify the language removed obligations of DSS workers. In addition, the substitute of some words, for example "will" to "may”, changed the CMR to discretionary. For example if a family requires a change to the CMR as a reasonable accommodation.

Agency Response: DSS appreciates the perspective of the commenters on the CMR revised regulations; however, the goal of the revision is to give DSS staff clear guidance on how to develop a CMR with the client. Due to the input, DSS will amend the policy to include, “DSS will work with clients to identify barriers that may hinder compliance with the CMR requirements. DSS will provide supportive services to clients to assist in reducing identified barriers.” DSS will continue to make accommodations for any client with barriers to complying with the CMR components. The CMR has always been mandatory and some of the components are discretionary; however, all TANF clients must comply with the CMR. DSS will make accommodations for any client with barriers to complying with the CMR components.

Comment: Several commenters were concerned about reasonable accommodations as there were no proposed changes to Section 3017.1 the Transitional Work Program or TWP, which is designed to allow recipients with disabilities avoid mandatory work requirements under the CMR.

Agency Response: DSS appreciates the commenters perspective regarding addressing barriers for persons with disabilities. The Transitional Work Program policy (DSSM 3017.1) outlines accommodations for compliance for individuals who have been determined unable to work in an unsubsidized employment setting by a health professional. Policy 3017.1 remains valid and was not in the initial group of amended CMR policies. DSS will continue to make accommodations for any client with barriers to complying with the CMR components.

Comment: One commenter expressed concern with the “insufficient emphasis on good cause exceptions.”

Agency Response: Good Cause encapsulates a broad range of issues and circumstances DSS families experience daily. DSS does not limit the scope of good cause due to each family’s unique circumstances. DSS will continue to explore issues with families to determine when barriers exist that prevent compliance. Due to input received, DSS will amend the policy to include, “DSS encourages clients to disclose any difficulties that may create barriers for meeting the CMR requirements. DSS will not impose a sanction if good cause exists.” The policy that speaks to ADA accommodations is DSSM 3017.1 Transitional Work Program has yet to be revised and is still valid.

Comment: One commenter found that Section 3009 did not contain a reference to “good cause” exceptions to CMR requirements.

Agency Response: DSS is modifying 3009 to mention good cause.

Comment: One commenter raised due process and privacy concerns related to Section 3016: Requiring Substance Abuse Assessment and Treatment.

Agency Response: DSS appreciates the commenters concern about due process, and shares the commenters concerns; however, DSS is operating in an environment where there is a current opioid epidemic. The current protocol is to refer clients upon self-disclosure of a substance abuse issue to the Bridge program which provides case management, resources, and referrals to treatment providers. DSS adheres to strict confidentiality and privacy policies. DSS will take the comments under consideration.

Comment: One commenter indicated that Section 3017: Establishing Additional Contract of Mutual Responsibility Elements was vague and stated that, “it is unclear whether DSS or "other agencies" are permitted, or even encouraged, to unilaterally determine that these "other services" "may aid in self-sufficiency" and therefore be required.”

Agency Response: The CMR is an agreement between DSS and the client. If during their discussion, other elements are identified, these can be added to the CMR. This allows DSS and the client to customize the contract.

Comment: One commenter questioned the value of mandatory financial coaching for families.

Agency Response: Delaware was awarded technical assistance from Prosperity Now for integrating financial coaching into the TANF program. This is a federally supported initiative. DSS, Prosperity Now, Administration for Children and Families, Delaware Department of Labor, Stand by Me, and the TANF Employment and Training vendors collaborated in developing this component. This component requires clients to attend a short information session regarding the free financial literacy services that are available to them. The goal of this component is to prepare clients as they obtain employment and may experience the benefit cliff as they transition from DSS benefits towards self-sufficiency.

DSS is pleased to provide the opportunity to receive public comments and greatly appreciates the thoughtful input given.

FINDINGS OF FACT:

The Department finds the proposed changes as set forth in the July 2018 Register of Regulations should be adopted with additions. The Department finds that the proposed does not require further public notice or comment under the APA because the amendments are non-substantive pursuant to 29 Del.C. §10118(c).

THEREFORE, IT IS ORDERED, that the proposed regulation to amend Division of Social Services Manual (DSSM) regarding the Temporary Assistance for Needy Families (TANF), specifically, to revise the requirements of the Contract of Mutual Responsibility (CMR), is adopted and shall be final effective March 11, 2019.

1/24/19

Date of Signature

Kara Odom Walker, MD, MPH, MSHS, Secretary,

DHSS

Temporary Assistance for Needy Families (TANF)

FINAL 3009

The Contract of Mutual Responsibility (CMR) is an agreement between the TANF client and DSS which sets obligations and expectations for helping the client achieve self-sufficiency. The CMR is a requirement for all TANF clients.

1. All TANF clients are required to develop a CMR with their DSS case worker. The CMR outlines the requirements that the client must fulfill to receive TANF benefits.

A. The CMR encompasses three broad categories of requirements:

i. Self-sufficiency,

ii. Enhanced family functioning, and

iii. Teen responsibility.

B. The CMR is individualized to the specific needs and situations of each family.

C. The CMR [may will] be revised as the needs and situations of the family evolve.

2. DSS case workers [shall will] assist clients in developing the CMR when TANF cases are opened and [shall will] monitor clients' compliance with the required CMR elements.

A. DSS case workers [shall will]:

i. Explain to clients the CMR requirements and the penalties for non-compliance.

ii. Give clients the appropriate time frame to comply with each CMR element. Compliance with the CMR elements is not required to initially apply for TANF.

iii. Review the CMR for compliance during TANF redeterminations or during reapplication if the TANF case closed for non-compliance with the CMR.

iv. Identify non-compliance with CMR elements and sanction TANF cases.

v. Address barriers that may impede clients' compliance with CMR elements.

3. DSS will sanction TANF cases when clients fail to comply with the CMR requirements.

A. Sanctions for non-compliance with the CMR are fiscal penalties that reduce or close TANF benefits.

B. The intended result of the sanction process is to motivate clients to cooperate.

C. DSS encourages clients to disclose any difficulties [in that may create barriers for] meeting the CMR requirements. [DSS will not impose a sanction if good cause exists.]

D. A sanction will end when DSS receives proof that the TANF client is complying with the CMR requirements.

4. DSS will ensure that supportive services related to CMR requirements are available to TANF clients.

[A. DSS will work with clients to identify barriers that may hinder compliance with the CMR requirements.

B. DSS will provide supportive services to clients to assist in reducing identified barriers.]

[A.C.] DSS will not sanction clients if supportive services identified in the CMR are not available.

[B.D.] DSS will revise the CMR to reflect when a supportive service is not available to the client.

Related policies:

DSSM [sections 3009, 3010,] 3011, 3012, 3013, 3014, 3015, 3016, 3017[, 3017.1, 3017.2]

FINAL 3013

The Division of Social Services will use the immunization schedule approved by the Advisory Committee on Immunization, the American Academy of Pediatrics, and the American Academy of Family Physicians.

Staff will use the immunization schedule as a guide to inform caretakers which immunizations are needed for their family members and when they are needed. Caretakers will have their child(ren) immunized based on the DSS-approved immunization schedule or their physician's schedule.

Maintaining current immunizations for TANF children is a required CMR element for all TANF clients.

1. TANF children are required to be immunized based on their physicians' immunization schedules.

2. DSS case workers shall verify that TANF children are current on their immunizations.

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

A. The sanction will be an initial $50.00 reduction in the household's TANF benefit amount.

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

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

D. The sanction will end when DSS receives proof that the immunization schedule sequence has begun for all TANF children in the case.

FINAL 3013.1

3013.1 Sanctions for Not Meeting Immunization Requirements

The fiscal sanction for failure, without good cause, to have children immunized will be an initial $50.00 reduction in TANF benefits. This reduction will increase each month by $50.00, either until there is compliance or the case is closed.

FINAL 3013.2

3013.2 Curing Sanction Penalties

FINAL 3014

Adults and minor parent(s) will be required to obtain family planning information from the provider of their choice. The expectation is that the adult caretaker(s) will obtain family planning information for themselves or for minors in their household. Exceptions can be made for individuals who have had surgery such as a vasectomy, hysterectomy, or a tubal ligation.

It is not the intent of DSS to verify that the individual is using family planning, but to confirm that information has been obtained. If family planning is not used and the birth of a baby is the result, the family cap provision will apply. (See section 3022).

Obtaining family planning information is a required CMR element for all TANF adults and minor parents.

1. TANF adults and minor parents are required to obtain family planning information from the provider of their choice.

2. DSS case workers shall verify that TANF adults and minor parents obtain family planning information, but not that a particular method is being used. If family planning is not used and the birth of a baby is the result, the family cap provision will apply.

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

A. The sanction will be an initial $50.00 reduction in the household's TANF benefit amount.

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

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

D. The sanction will end when DSS receives proof that the TANF adults and any minor parents in the case obtained family planning information.

Related policies:

DSSM 3008.2

FINAL 3014.1

3014.1 Sanctions for Not Meeting Family Planning Requirements

FINAL 3014.2

3014.2 Curing Family Planning Sanction Penalties

FINAL 3015

Completing parenting education classes is a required CMR element for all TANF adults and minor parents.

1. TANF adults and minor parents are required to complete DSS approved parenting education classes. Once the client completes this element, it does not have to be repeated.

2. DSS case workers shall verify that TANF adults and minor parents complete parenting education classes.

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

A. The sanction will be an initial $50.00 reduction in the household's TANF benefit amount.

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

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

D. The sanction will end when DSS receives proof that the TANF adults and any minor parents in the case attended parenting education classes.

FINAL 3015.1

3015.1 Sanctions for Not Meeting Parenting Education Requirements

FINAL 3015.2

3015.2 Curing Parenting Education Sanction Penalties

The sanction will end when the adult and/or minor parent(s) attend parenting education classes.

FINAL 3016

See Administrative Notice: A-9-99 Bridge Program

[Attending a substance abuse assessment and treatment may be a required CMR element for TANF clients who exhibit substance abuse symptoms.

1. TANF clients are required to attend a substance abuse assessment, treatment, or both when DSS determines it necessary.

2. DSS case workers who identify a TANF client with potential substance abuse issues may add a substance abuse requirement to the client’s CMR and shall verify that the client attends a substance abuse assessment or treatment.

3. Failure to comply (without good cause) with the substance abuse assessment or treatment element in the CMR will result in a sanction to the TANF case.

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

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

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

D. The sanction will end when DSS receives proof that the TANF client attended the substance abuse assessment or treatment.

The Bridge Program provides services to TANF clients who are experiencing barriers to self-sufficiency.

1. The Bridge Program is a resource for TANF clients to address barriers such as substance abuse, mental health issues, domestic violence, and homelessness.

A. The Bridge Program provides clients with specialized screening, intensive case management,

and assistance with accessing services and treatment for identified barriers.

B. Bridge Program services support clients in meeting their employment goals, reducing or

eliminating barriers to self-sufficiency, and promoting family stability.

2. Referrals for TANF clients to the Bridge Program may be initiated by DSS staff, TANF employment and training vendors, the Bridge Program vendor, or a client self-referral.

A. DSS case workers will complete the Family Development Profile screening instrument with

TANF clients at intake and redetermination to identify potential barriers.

B. DSS case workers may refer TANF clients to the Bridge Program when:

i. A potential barrier is identified by the Family Development Profile;

ii. The DSS case worker suspects barriers exist during any client contact; or

iii. A client discloses the need for assistance with a barrier.

3. The Bridge Program vendor will outreach and screen referred TANF clients and will refer clients for additional services when appropriate.

4. Bridge Program services may be added as a required CMR element for TANF clients who have barriers that cause significant difficulty in complying with the TANF program requirements.

5. Bridge Program activities count toward the required employment and training participation hours for TANF clients.]

FINAL 3016.1

3016.1 [Sanctions for Not Meeting Substance Abuse Requirements Requiring Bridge Program Services

42 USC 608 (b)(2)(A)(v)]

The fiscal sanction for failure, without good cause, to attend substance abuse assessment will be an initial $50.00 reduction in TANF benefits. Increase this reduction each month by $50.00, either until there is compliance or the case is closed.

[Complying with Bridge Program services may be a required CMR element for TANF clients who may have substance abuse issues.

1. TANF clients who may have substance abuse issues may be required to comply with the Bridge

Program.

A. DSS case workers may add the Bridge Program element to a TANF client’s CMR when:

i. A substance abuse issue is identified by the client’s Family Development Profile;

ii. The potential substance abuse barrier is impeding the client’s employment goals, self-sufficiency, or family stabilization; and

iii. The client has refused to voluntarily participate with the Bridge Program.

B. The Bridge Program vendor will complete a specialized screening with the TANF client and

may refer the client to receive an assessment from a licensed treatment provider.

C. Once an assessment has been completed, the TANF client will work with DSS and the TANF

vendor partners to determine if additional Bridge Program services will be a required CMR

element.

2. The Bridge Program vendor will monitor and document TANF clients’ Bridge participation for DSS

and the TANF employment and training vendors.

3. Failure to comply (without good cause) with the Bridge Program element in the CMR will result in a

sanction to the TANF case.

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

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

closed.

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

D. The sanction will end when DSS receives proof that the TANF client is complying with Bridge

Program services.]

FINAL 3016.2

3016.2 Curing Substance Abuse Sanction Penalties

The sanction will end when the individual attends substance abuse assessment.

FINAL 3017

Additional family specific CMR elements will be identified and added to a TANF household's CMR. These elements may be identified by DSS, the family, or other agencies that are involved with the family.

This policy applies when additional Contract of Mutual Responsibility (CMR) elements are identified and added to a TANF client's CMR.

1. Additional CMR elements refer to other services that may aid in self-sufficiency and are specified in a client's CMR.

2. DSS, the family, or other agencies that are involved with the family may identify additional CMR elements.

3. Failure to comply (without good cause) with the DSS identified elements in the CMR will result in a sanction to the TANF case.

A. The sanction will be an initial $50.00 reduction in the household's TANF benefit amount.

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

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

D. The sanction will end when DSS receives proof that the TANF client has met the compliance requirements.

FINAL 3017.2

3017.2 Division of Social Services (DSS) Identified CMR Elements Requiring Financial Coaching Orientation

When staff has reason to believe that the family needs other services to become self-sufficient, these services will be identified and specified in the Contract of Mutual Responsibility.

Completing financial coaching orientation is a required CMR element for all work mandatory TANF clients.

1. Work mandatory TANF clients are required to complete a DSS approved financial coaching orientation.

A. The orientation informs TANF clients of available free financial coaching services.

B. Once the client completes this element, it does not have to be repeated.

2. DSS case workers shall verify that work mandatory TANF clients complete the financial coaching orientation.

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

A. The sanction will be an initial $50.00 reduction in the household's TANF benefit amount.

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

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

D. The sanction will end when DSS receives proof that the TANF client completed the financial coaching orientation.

FINAL 3017.2.1

3017.2.1 Sanctions for Not Meeting Division of Social Services Identified CMR Elements

The sanction for failure, without good cause, to comply with DSS identified elements in the Contract of Mutual Responsibility will be an initial $50.00 reduction in TANF benefits. This reduction increases each month by $50.00, either until there is compliance or the case is closed. The case worker will give the client written notification of what s/he has to do to be in compliance.

FINAL 3017.2.2

3017.2.2 Curing Division of Social Services Identified CMR Sanction Penalties

The sanction will end when the client has met the requirements as listed in the sanction notification.