DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Social Services

PROPOSED

PUBLIC NOTICE

2027 Disqualification of Individuals Convicted of Drug Related Offenses

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) is proposing to amend Division of Social Services Manual 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.

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@state.de.us, or by fax to 302-255-4413 by 4:30 p.m. on January 2, 2018. Please identify in the subject line: Disqualification of Individuals Convicted of Drug Related Offenses.

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 (DHSS) is proposing to amend Division of Social Services Manual 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.

Statutory Authority

Background

Delaware Code, Title 31, Chapter 5, §524 became effective July 28, 2017. This law removes the prohibition against receipt of Temporary Assistance for Needy Families (TANF) funds by persons convicted of a drug felony, so long as that person is otherwise eligible for TANF assistance.

Summary of Proposal

Purpose

The purpose of this proposed regulation is to remove the restriction against receipt of Cash Assistance from persons convicted of a drug felony.

Summary of Proposed Changes

Effective for services provided on and after July 28, 2017 Delaware Health and Social Services/Division of Social Services proposes to amend the Division of Social Services Manual section 2027 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.

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) 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 January 2, 2018.

Fiscal Impact

The following fiscal impact is projected:

For Cash Assistance:

Individuals convicted under Federal or State law of any offense which is classified as a felony that has the element of possession, use or distribution of controlled substances shall not be eligible for cash assistance.

This provision does not apply to individuals convicted of such offenses which occurred prior to August 22, 1996, the date of enactment of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Determine income, resources, and deductions according to DSSM 4003.2 if the individual is a parent payee. Exclude the income and resources of the individual if the person is a non-parent payee.