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HomeMy WebLinkAboutbocc.res.082.2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS APPROVING UPDATES TO THREE TANF/COLORADO W�RKS OPERATING POLICIES INCLUDING COMMUNITY RESOURCE INVESTMENT ASSISTANCE,HARDSHIP EXTENSIONS AND SANCTIONS Resolution# ��`"i2 ' ,°�-� d� � Recitals 1. TANF/Colorado Works Temporary Aid to Needy Families(known in Colorado as Colorado ' Warks) is designed to provide assistance to needy families with or expecting children and to provide parents with job preparation,wark and support services to enable them to leave public assistance programs and become self-sufficient. 2. Pitkin Counry is required to establish operational policies that guide the appropriate distribution of TANF dollars. 3. These policies pravide 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. Since December, 2008, the Board af County Commissioners has reviewed and approved twenty one (21)TANF/Colorado Works operating policies.New state rules require that existing policies be updated to align with SB 1 Q-068,the purpose of which was to modernize eligibility for the Colorado Works program. To comply with these regulatians Pitkin is required to update three policies including Community Resource Investment Assistance, Hardship Extension and Sanctions. Capies of these updated policies 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 update these three policies. NOW THEREFORE BE IT RESOLVED BY THE BOARY�OF COUNTY COMNIISSIONERS OF PITKIN COUNTY,that the updates to TANF/Colorado Warks Operating Policies 1.4(Community Resource Investment Assistance), 1.9(Hardship Extensions),and 1.15 {Sanctions}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 12�DAY OF SEPTEMBER,2012. AT ST: ; BOARD OF COUNTY COMMISSIONERS OF PITKIN,COLTNTY, COL O Vll By: � By. . Je ette Jones,Dep Clerk Michael M. Owsley,Chair Mana�er's Approval / Jon Pe ock, County Manager 3 POLICY TYPE: Health & Human POLICY TITLE: Services - Operating Community Resource Investment Assistance Policy(CRIA) POLICY 1.4 EFFECTIVE DATE: Colorado Works (September 12,2012) Reference Colorado Revised Statute 26-2-707.5 CDHS Volume 3.637.1 Purpose In accordance with Pitkin County's Procurement Policies and Procedures and CDHS Agency Letter TCW-02-06-I, the Department of Health&Human Services sha11 negotiate and enter into formal, written contracts for specific services to Colorado Works participants and other Temporary Assistance to Needy Families (TANF)-eligible residents of Pitkin County. The following policy describes guidelines that are in effect in Pitkin County and are consistent with state statutes and regulations. Policy Eligibility The Pitkin County Department of Health and Human Services shall refer TANF-eligible individuals to contracted community resource providers for services. Case managers shall determine eligibility based upon its pre-existing intake procedures. However, such contracts may be utilized by TANF eligible people who simply show up for services—without any specific referral from DHS. To be eligible for services, a participant must meet the following criteria: • Verified lawful presence � Status of dependent child living in the home of a specified caretaker • Household income must be $75,000 or less, annually Use of Funds Pitkin County shall contract with community resources providers to provide the following services for TANF-eligible participants: • Mental Health-- individual therapy, family therapy • Substance Abuse -- screening,treatment, aftercare, case management • Housing costs until a HUD section 8 voucher is available G 0 1 • Job Development, intensive case management, life skills,job readiness classes. • After School child care • Chi1d Care information and referral, quality assurance • Domestic Violence support services • Teen Pregnancy Prevention All services provided shall meet one of the four purposes of TANF. Contractual arrangements Pitkin County will enter into contracts with community resource providers to perform specific services to Colorado Works participants and other TANF-eligible residents in Pitkin County. DHS staff shall develop a written Scope of Services with each identified service provider. Appropriate Department staff shall meet with the potential provider to determine services, unit costs,billing method, accountability and reporting requirements, and a not-to-exceed amount. Reporting requirements shall include the numbers of participants served, names of TANF-eligible participants served, documentation of participants' progress, and dates and types of services provided. In addition, supporting documentation(e.g. income guidelines, survey information, and federal or state grant participation) shall be required from each provider to verify that TANF- eligible individuals are being served by the contract. Providers shall agree not to use TANF funds to supplant any dedicated funds for purposes other than Colorado Works. Providers shall agree to cooperate and coordinate with the Pitkin County Department of Health and Human Services to serve TANF-eligible participants. Providers shall file quarterly progress reports for the referred TANF-eligible participants. Reports shall include progress/barriers of individual participants and feedback regarding additional services needed. Billing for services shall occur on a quarterly basis and documentation shall include dates and descriptions of services provided and names of TANF eligible participants served. Pitkin County will contract with community agencies to provide services that address one or more of the four federal TANF goals. The community resources in which Pitkin County will invest include prevention, early intervention, and treatment services which assist youth and families in achieving economic self-sufficiency, stabilizing families to prevent family breakdown, prevention and reduction of out-of-wedlock pregnancies, and promotion of two parent families. For Personal Responsibility and Work Opportunity Reconciliation Act(PRWORA} Goals 1 & 2: Self-sufficiency and Family Stabilization Families may be eligible for services: • Whose children are living at home or with relatives within the Sth degree, and • Who are US citizens or eligible qualified aliens, and • VVhose gross family income is less than$ 75,000/year, and • Who are experiencing an emergency that impacts their ability to care for their children. For PWORA Goals 3 & 4: Reduction of out of wedlock pregnancy and Promotion of two parent families, there are no income eligibility or residency requirements. J 2 Contractors are responsible to obtain information from participants establishing participant eligibility. Contractors maintain eligibility documentation for audit. Pitkin County reimburses contractors only for services to TANF eligible participants. Providers shall agree not to use TANF funds to supplant any dedicated funds for purposes other than Colorado Works. Signed by: _ � � "�� " ( �-- Heal h and Human ervices Director Date � �/� ��G-�.O�L Chairman, Pitkin County Board of unty Commissioners Date 3 � POLICY TYPE: Health & Human POLICY TITLE: Services Hardship Extensions Policy POLICY 1.9 EFFECTIVE DATE: TANF/Colorado Works (September 12, 2012) Reference Colorado Revised Statute 26-2-716(5)(a) CDHS Volume 3.622 � Purpose An assistance unit containing an individual who has received Federal Temporary Assistance to Needy Families (TANF) assistance in Colorado or another state(s) as an adult for sixty(60) months shall not be eligible for Federal TANF assistance unless granted an extension by the county department due to hardship or domestic violence. Policy All participants shall have an opportunity to request an extension when a hardship has been declared. A participant's request for an extension can be made in person, by phane, ar in writing. Extensions may be granted for up to six months; additional extensions may be granted, if circumstances warrant the extension and it is requested prior to the end of the current extension. If a request is not made timely, an extension may be granted by the county department if the participant is able to demonstrate good cause: good cause shall be determined by the county and is not appealable. Eligibility Pitkin County will consider offering a hardship extension if the following criteria exist: • Inadequate, or unavailable: o Childcare o Housing o Transportation o Employment opportunities • Disability of the spouse, immediate relative, specified caretaker or child,verified by a certified professional • Involvement in the judicial system by a member of the assistant unit • Domestic Violence issues • Family Instability The Colorado State Department of Human Sezvices shall notify all participants who are approaching the 60-month time limit on Federal TANF assistance. Pitkin County Department of Human Services shall make all reasonable efforts to contact the participants to explain the extension process. �� 4 The Pitkin County Department of Health& Human Services shall make a decision to grant or deny the extension within 30 days. The department will notify the participant of the decision for the extension request pursuant to Volume 3.830. If the extension is denied the notice shall include the reason for the denial and explain the appeal process. Additional criteria Participants must enter into an Individual Responsibility Contract (IRC). The IRC shall include activities to address the issues of the extension. Additionally, the IRC shall include the timeframe requirements, sanction procedures for failing to comply and appeal rights. Good Cause Good Cause for non-compliance tivith the IRC conditions of the hardship extension shall be: • Total disability of the participant or the participant is needed in the home to provide full- time care for their spouse, immediate relative or disabled child. The disability of the participant, spouse, immediate relative or the child must be verified and documented by a medical statement. • Victims of domestic violence who risk endangering themselves or their children by participating in a Colorado Works activity • Death of an immediate family member • Jury duty Signed by: U ����-� Q _ �o ... c Z Health and Human rvices Director Date �: c��z� ; . ,�� �-�.�.�,� Chairman, Pitkin County Board of C unty Commissioners Date 5 � POLICY TYPE: Health & Human POLICY TITLE: Services - Operating Sanctions Policy POLICY 1.15 EFFECTIVE DATE: TANF/Colorado Works (September 12, 2012) Reference Colorado Revised Statute 26-2-711 GDHS Volume 3.626 Purpose Pitkin County Colorado Works staff shall determine and enforce appropriate levels of sanctions for Temporary Assistance for Needy Families (TANF)participants who have not complied with terms and conditions of the program. Policy Sanction periods Households that are sanctioned will have their Basic Cash Assistance (BCA) and any supportive services cut. • The first sanction shall be a 25%reduction in cash benefits for one month, or until cured. If this sanction is not cured by the notice of action date,the case sha11 progress to the second-level sanction. • The second sanction shall be a 50%reduction in cash benefits for three months, or until cured. Sanctions not cured by the notice of action date shall proceed to a third-level sanction. • The third sanction shall result in the termination of a family's cash assistance and supportive services. A third-level sanction shall remain in place until the cause of the sanction is cured, but not less than six months. Sanctions not cured by the end of the six months shall remain in effect until cured. When the sanction is cured, a new assessment and IRC must be completed prior to receipt of cash assistance. • When a participant has reached a third-level sanction, all subsequent sanctions shall be imposed at a third-level sanction. • Sanction levels are cumulative. Process An appointrnent for conciliation will be provided in the first month after a client has not met the cumulative hourly requirements of work activity or failed to complete a sanctionable item as outlined in their Individual Responsibility Contract(IRC). The conciliation appointment allows the client to explain the mitigating circumstances that interfered with compliance on items within the Individual Responsibility Contract. If the client fails to appear for the conciliation appointment and/or the department determines good cause does not exist,the 3- tier sanction will be implemented. 6 � Reason for Sanction Sanctions will be imposed in accordance with State rules for sanctions and disqualifications. Sanctionable items include: • Refusal or failure to fully participate in one or more training, education or work related activities as outlined in the IRC • Failure to cooperate with Child Support Enforcement Good Cause Good Cause exemptions will be determined by the Deputy Director of Health and Human Services. Reasons for Good Cause for not imposing sanctions or closing case for demonstrable evidence: Failure to cooperate with Child Support Enforcement because of: • Potential physical or emotional harm to children • Potential physical or emotional harm to the parent or specified caretaker • Pregnancy or birth of a child related to incest or farcible rape • Legal adoption by a relative in the fifth degree of kinship, or a parent receiving pre- adoption services • Evidence of failure to immunize child(ren)due to medical or religious reasons. Failure to comply with the terms and conditions of their IRC because of: • Domestic violence,past or present, that interferes with the participant's ability to obtain or maintain work • Physical or mental illness, incapacity, or hospitalization of the participant or dependent child that interferes with the participant's ability to obtain or maintain employment as verified by a physician,professional counselor, therapist or other acceptable form of documentation • Verification of a disability that interferes with the participant's ability to obtain or maintain work, and when appropriate, an application for SSI/SSDI has been made and written in the IRC • Participation in twenty hours, or more,per week in a certified drug/alcohol treatment program • Participant's incarceration of less than thirty days • Required court appearance for the participant or a dependent minor • Breakdown in childcare arrangements or a lack of available and appropriate childcare • Remotely located without transportation and unable to relocate or a breakdown in transportation arrangements with no feasible alternative • Verifiable emergencies or crises involving immediate members of the family • Loss of housing which prevents the client from participating in the requirements of their IRC • Failure to accept or maintain employment when layoffs occur, wages are below applicable federal and state minimum wage standards, working conditions present a risk to health or safety, or Workers' Compensation protection does not exist • Death of an immediate family member 7 � • Jury duty. • Other situations, as determined by the TANF case manager. Process for establishing Good Cause A participant may request conciliation or a Good Cause exception from the imposition of sanctions. Recipients must contact their case worker by phone or e-mail within three business days of any emergency unless that individual is incapable of making such contact. A request for conciliation is a request to explain the mitigating circumstance that interfered with compliance on items within the Individual Responsibility Contract. A request for Good Cause exception must be accompanied by written documentation of domestic violence; inability to obtain child care; incarceration;jury duty; or family emergency or signed releases for the agency to obtain such written documentation of Good Cause. Verification of a family emergency and review by the Deputy Director or designees will be accompiished within two working days of the request. During the period of the review, sanctions will not be imposed. The Deputy Director of Human Services will determine approval of Good Cause. If the Good Cause determination is not approved,the participant will be notified in writing of imposition of sanctions in accordance with the general procedures of the Colorado Works program. Appeals The appeal period for proposed sanctions for Colorado Works begins with the mailing of a notice of proposed action, listing the proposed action and the participant's appeal rights. A notice of proposed action shall not be issued by the county department for proposed Colorado Works sanctions until good cause, as determined by county policy for non-cooperation with the Individual Responsibility Contract, has been determined. Sign d by: � ���O C v � Health and Human ervice irector Date / �. q ,�f/ � �It'1�4j�/' t r � V\! -''�� ����.- V// l C airman,Pitkin Countq Board of Cou ty Commissioners Date 8 �