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HomeMy WebLinkAboutBOCC Packet 10262011 Work PoliciesREGULAR MEETING DATE: AGENDA ITEM TITLE: STAFF RESPONSIBLE: AGENDA ITEM SUMMARY October 26, 2011 Resolution to Approve the Non -Custodial Parent Services and Fraud Prevention TANF/Colorado Works Operating Policies Nan Sundeen ISSUE STATEMENT: Temporary Aid to Needy Families (TANF, known in Colorado as Colorado WORKS) is designed to provide assistance to needy families with or expecting children and to provide parents with job preparation, work and support services to enable them to leave public assistance programs and become self-sufficient. In 2007 the State of Colorado required all counties to submit their Colorado Works policies instead of a plan. In 2008, Pitkin County submitted nineteen mandated TANF policies to the Colorado Depailiuent of Human Services that guide the operations of the program. Today, the BOCC are asked to approve two other mandated policies on Non -Custodial Parent Services and Fraud Prevention. BACKGROUND: In 2006 the State of Colorado discovered approximately $136 million in unspent TANF/ Colorado Works reserves. This sparked a revitalization effort statewide to better utilize the TANF allocations. The Omnibus Bill SB 08-177 was approved in 2007 capping county reserves at 30% within 4 years. Counties with less than a $200,000 allocation (including Pitkin) were capped at $100,000. The State stopped requiring tri-annual TANF plans and, instead, required TANF operating policies. The TANF policies approved in 2008 by the BOCC allowed Pitkin County greater flexibility in the types of services (beyond basic cash assistance) that could be provided through the TANF/Colorado Works program. Where we used to spend only 30% of our TANF/Colorado Works allocation, we now spend 95-100% to support needy families. These two new (and mandated policies) continue to guide us in this program. Per Colorado Revised Statutes 26-2-706, a county may provide services under the TANF/Colorado Works program to a non -custodial parent in order to promote sustainable employment and enable such parent to pay child support. The non -custodial parent must meet certain criteria to qualify for TANF support services including: be a resident of Colorado, be the parent of a minor child who he/she does not live with, and have an income of less than $75,000 (which is the income limit for TANF). The parent seeking non -custodial support services must request services and must participate in an assessment by the TANF worker to determine his/her needs and eligibility. We do not expect many non -custodial parents to request these support services, but given the right set of circumstances, this policy will allow us to better support single woman and their children by enabling the non -custodial spouse to keep paying child support, maintain a healthy connection with the children and achieve sustainable employment. Colorado Department of Human Services policy number 1-2.7 outlines effective fraud prevention and detection measures to be utilized within the CDHS and its human services system and community partners. Pitkin's proposed policy involves the standard format and content outlined in policy number 1- 2.7. BUDGETARY IMPACT: None anticipated at this time. We intend to utilize our existing TANF allocation to provide Non -Custodial Parent Services. 1 RECOMMENDED BOCC ACTION: Approve the two additional Pitkin County TANF/Colorado Works Policies. ATTACHMENTS: A) Resolution to Approve the Non -Custodial Parent Services and Fraud Prevention TANF/Colorado Works Operating Policies. B) Non -Custodial Parent Services (1.20) and Fraud Prevention (1.21) policies 2 (Attachment A) A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS APPROVING THE NON -CUSTODIAL PARENT SERVICES AND FRAUD PREVENTION TANF/COLORADO WORKS OPERATING POLICIES Resolution # Recitals 1. TANF/Colorado Works Temporary Aid to Needy Families (known in Colorado as Colorado Works) is designed to provide assistance to needy families with or expecting children and to provide parents with job preparation, work and support services to enable them to leave public assistance programs and become self-sufficient. 2. Pitkin County is required to establish operational policies that guide the appropriate distribution of TANF dollars. 3. These policies provide direction to Pitkin County Human Services staff, and their designees, on the distribution of these funds to qualified individuals and families in Pitkin County to strive to alleviate barriers to self sufficiency. 4. On December 17, 2008, the Board of County Commissioners reviewed and approved 19 TANF/Colorado Works operating policies. State rules require two additional policies (Non - Custodial Parent Services and Fraud Prevention), copies of which are attached and incorporated by this reference. 5. The Board of County Commissioners finds that it is appropriate and in the best interest of Pitkin County to adopt these two new policies. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, that TANF/Colorado Works Operating Policies 1.20 and 1.21. are hereby approved. The Health and Human Services Director shall be responsible to maintain adherence to these policies and to maintain these records as well as a written log of exceptions. INTRODUCED, READ AND ADOPTED ON THE 26TH DAY OF OCTOBER, 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN, COUNTY, COLORADO By: By: Jeannette Jones, Deputy Clerk Rachel E. Richards, Chair Manager's Approval Jon Peacock, County Manager 3 POLICY TYPE: Health & Human Services - Operating POLICY 1.20 TANF/Colorado Works (Attachment B) POLICY TITLE: Non -Custodial Parent Services EFFECTIVE DATE: (October 26, 2011) Reference C.R.S. 26-2-703(13.5), 26-2-706(1)(d) CDHS Volume 3.605, 3.638 Purpose To set forth the services provided to noncustodial parents through the Colorado Works program with the purpose of promoting sustainable employment of the non -custodial parent to enable such parent to pay child support and, if appropriate, attain or maintain a healthy connection with the child(ren). DEFINITIONS Per 3.605, a Noncustodial parent means an individual who, at the time s/he requests and receives TANF program services: A. is a parent of a minor child; and, B. is a resident of Colorado; and, C. Does not live in the same household as the minor child. POLICY Pitkin County provides services to non -custodial parents according to CDHS Volume 3.638. • Services provided to the noncustodial parent are intended to promote sustainable employment of the noncustodial parent and enable such parent to pay child support. Services include, but are not limited to: o Parenting skills, o Mediation, o Workforce development, o Job training activities, o Job search, and o County diversion. • Provision of services to a noncustodial parent shall not negatively impact the eligibility for benefits or services of the custodial parent. • All monies for services will be paid directly to contractors, vendors and/or providers of services Eligibility • The non -custodial parent shall be a resident of Pitkin County at the time of services rendered and shall not have income greater than $75,000 per year. • Non -custodial parents receiving services under this program are not eligible to receive cash assistance. • Services provided to a noncustodial parent are based on the noncustodial parent's request for services and an assessment of the noncustodial parent's needs. All services shall be outlined in an 4 Individual Responsibility Contract entered into between the noncustodial parent and Eagle County. Signed by: Director, Health and Human Services Date Chairman, Pitkin County Board of Commissioners Date 5 POLICY TYPE: Health & Human Services - Operating POLICY TITLE: Fraud Prevention and Detection POLICY 1.21 EFFECTIVE DATE: TANF/Colorado Works (October 26, 2011) Reference CDHS Policy No. 1-2.7 Fraud Prevention Policy Agency Letter TCW-00-13-A Handbook: Colorado Works: Creating a Fraud Prevention Strategy Manual Purpose To set forth Pitkin County's fraud prevention and detection policies in order to provide accountability for the use of public funds and assure the funds are used to meet the needs of program participants and program goals. DEFINITIONS Fraud is the intentional, false representation, or concealment of a material fact for the purpose of dishonestly obtaining a benefit by deception or other means. Actions Constituting Fraud 1. Fraud includes acts committed by both clients and employees. It may include theft or misuse or misrepresentation of data for use in determining eligibility and grant amounts. 2. Some common methods and types of internal fraud include, but are not limited to: a. Deliberate overpayment of benefits to clients with a requested payback b. Creating false persons and applications c. Reporting false information on behalf of a client d. Transactions (expenses, income, etc) recorded for incorrect sums e. Altering amounts and details on client documents/cases f. Over-riding denial/fail decisions so as to approve benefits g. Misappropriation of funds h. Unauthorized transactions i. False identification used j. Creating false addresses k. Reversing claims and overpayments without resolving them in CBMS 1. Removing benefits from client accounts m. Falsifying documents n. Forged signatures o. Accessing benefits of deceased clients p. Claiming mileage for destinations not traveled 3. Irregularities concerning an employee's ethical or behavioral conduct should be resolved by departmental management in conjunction with Human Resources rather than the Fraud Policy. 6 POLICY Pitkin County will maintain the following controls for fraud prevention and detection: Internal • Risk assessment- Supervisors will be familiar with the types of improprieties that might occur within his or her area of responsibility, and be alert for any indication of irregularity. • Confidentiality guidelines & practices including an annual renewal of written confidentiality agreement • Client files and information stored in locked file rooms • Electronic client files and information protected by network access security • Declaration of conflict of interest procedures • Guidelines for handling & storage of case file for employee applicants for assistance programs • Separation of Duty practices • Case file reviews • Monitoring of program reports for irregular case actions and/or benefits including but not limited to "Payments over $1,500", "Daily Issuance Participation Report", "Death Match Report", "PARIS", "Duplicate SSN Report" External • Third party verification of eligibility factors • Maintaining client files, computer screens and information so that is not visible to the public • Monitoring of program reports for irregular case actions and/or benefits • Supervisor authorization of all State and County Diversion payments Reporting Procedures 1. The State Fraud Hotline can be reached at 303-866-7332 2. Client Fraud a. An employee who discovers or suspects fraudulent activity will: i. Establish a recovery for the over issuance period if sufficient verification is available to establish the facts ii. Document the recovery in case comments iii. Complete the investigation referral form iv. Attach the investigation referral form to case record and submit to supervisor for review v. Program Supervisors review and approve the referral for investigation vi. A record of all fraud referrals is maintained by the Manager 3. Employee Fraud a. The employee who discovers or suspects fraudulent activities will contact their supervisor or Director immediately b. The supervisor will inform the HHS Director within 24 hours of the report c. The Director will determine who will coordinate the initial review and analysis of the potential fraud. This also includes; i. Determining what immediate action should be taken ii. What information should be reviewed 7 iii. Who should be involved including reporting and coordination with the State Department and other affected areas as required iv. Developing the initial report of information v. Whether any personnel actions are required vi. Modifications in automated systems security access vii. Modifications in building access d. The employee or other complainant may remain anonymous e. All inquiries concerning the activity under investigation from the suspected individual, his or her attorney or representative, or any other inquirer should be directed to the HHS Director. f. No information concerning the status of an investigation will be given out. g. The reporting individual should be advised to not contact the suspected individual in an effort to gather facts or discuss their suspicions with anyone Investigation Responsibilities 1. Any investigative activity required will be conducted without regard to the suspected wrongdoer's length of service, position/title, or relationship with the department 2. Great care must be taken in the investigation of suspected improprieties or irregularities to avoid mistaken accusations or alerting suspected individuals that an investigation is under way. 3. The HHS Director or his/her designee has the primary responsibility for the investigation of all suspected fraudulent acts committed by clients. a. The investigator must validate the allegations with factual data b. The investigator must have a working knowledge of federal, state and county policies and procedures c. The investigator should have the ability to organize, communicate orally and in writing, gather evidence, listen, interview witnesses, confront witnesses with the facts and analyze data. 4. If the investigation substantiates that fraudulent activities have occurred, the Investigator will issue reports to appropriate designated personnel and, if appropriate, to the Supervisors. a. An investigation report should answer all allegations, provide factual information, use exhibits to support the report and include a summary of factual findings. 5. Decisions to prosecute or refer the results to the appropriate law enforcement or other agencies for independent investigation will be made in conjunction with county legal counsel and the HHS Director, as will final decisions on the disposition of the case. Confidentiality 1. The Investigator and others involved in the process must treat all information received as confidential. 2. Investigation results will not be disclosed or discussed with anyone other than those who have legitimate need to know. Staff Training 1. New staff should be trained at the time of hiring about the department's values and code of conduct. This training should explicitly cover "fraud awareness" with a tone of which should be positive but nonetheless stresses the expectations on all employees regarding: a. Their duty to communicate certain matters b. Specific examples of suspected fraud c. How to report 8 2. Employee training and fraud identification materials will be provided to human services staff through staff meetings on an annual basis. Signed by: Director, Health and Human Services Date Chairman, Pitkin County Board of Commissioners Date 9