Loading...
HomeMy WebLinkAboutbocc.con.095.2005 MEMORANDUM OF UNDERSTANDING The State of Colorado Department of Human Services and The Board of County Commissioners of ?IT~<IN County, Colorado This Memorandum of Understanding (or "MOU") is made this 2nd day of November , between the State of Colorado Department of Human Services (the "Department") and the Board of County Commissioners of PITKIN County, Colorado (the "County"). WHEREAS, the Department is the sole state agency having the responsibility to administer or supervise the administration of the human services programs set forth in CRS 26-1-201; and WHEREAS, the Colorado General Assembly enacted Senate Bill 97-120 in response to the passage of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" and thereby adopted the Colorado Works Program (the "Works Program") and the Colorado Child Care Assistance Program (the "Child Care Program"); and WHEREAS, CRS 26-2-715 requires the Department and the County to enter into an annual performance contract identifying the County's duties and responsibilities in implementing the Works Program and the Child Care Program; and WHEREAS, nothing in this MOU shall create a legal entitlement in any person to assistance provided pursuant to the Works Program or the child care assistance provided pursuant to the Child Care Program; and WHEREAS, the parties understand and agree that the services and assistance contemplated in this MOU are subject to available appropriations by the General Assembly and the County, and neither party shall be obligated to provide services or assistance if adequate appropriations have not been made; and WHEREAS, the State Controller has approved execution of this MOU without State Controller examination pursuant to the State fiscal roles. NOW, THEREFORE, it is agreed that: 1. MOU MEETS PERFORMANCE CONTRACT REQUIREMENT. The parties hereto specifically agree that the provisions of this MOU in their entirety constitute compliance with the provisions of CRS 26-2-715. 2. TERM. The term of this MOU will be from July 1, 2005 to and including June 30, 2006. 3. DUTIES OF THE COUNTY. Subject to the other limitations set forth herein, including without limitation those contained in subsections 4(b.5) and 4(d): a) The County shall administer and implement the Works Program and the Child Care Program using fair and objective criteria and in compliance with federal law; and b) The County shall not reduce the basic assistance grant administered pursuant to CRS 26-2-709, except as otherwise provided by law; and c) The County shall not restrict eligibility or the provisions of services, nor shall it impose sanctions, in a manner inconsistent with Part 7 of Article 2 of Title 26, C.R.S., or the State Plan submitted by the Department to the federal government pursuant to CRS 26-2-712; and d) For the term of this MOU from July 1, 2005, to June 30, 2006, the County shall achieve work participation rates equal to the federally required participation rate minus any employment credit, caseload reduction credit, or other credit against such rate for a fiscal year that may be subsequently adopted by the federal government under federal reauthorization, and the County will also achieve a participation rate for two-parent families that is equal to the required federal participation rate minus any employment credit, caseload reduction credit, or other credit against such rate for a fiscal year that may be subsequently adopted by the federal government under federal reauthorization. The percentages contained in this paragraph (d) represent the maximum work participation rates to which the County may be held during the term of this MOU. By agreeing to these rates, the Department acknowledges that, to the best of its knowledge or ability to know at the time this MOU is executed, achievement of these rates will allow the Department to meet any work participation rates imposed on the Department by the federal government; and e) The parties acknowledge that the work participation rate is, as of the signing of this MOU, the only performance goal identified pursuant to CRS 26-2-712(4); and f) The County shall maintain the records, and shall pc,mit the Department, its duly designated agents and/or appropriate representatives of the federal govermnent, to inspect the records and shall make such records available to the Department as specified in CRS 26-2-717. The County shall also continue to report to the Department as required by CRS 26-2-716, 717, and shall report to the Department in the future as required by law; and g) The County agrees to provide the Department with written infosmation as specified herein. The County may, in its sole discretion, change the way in which it implements the Works and Child Care Programs in any manner consistent with state and federal law. The County agrees to provide the Department with updated written information, when or if changes to these Programs are made. At a minimum, the County agrees to provide information to the Department as requested in the County Plan, and the County agrees to provide the County policies adopted by the County as required by CRS 26-2-716 (2.5). The County agrees to provide the information and policies specified in this paragraph (g) to the Department within thirty (30) days of their adoption by the County, and agrees to submit amendments to its plan in accordance with this paragraph (g); and h) The parties expressly agree and understand that information and policies provided by the County to the Department as set forth in paragraph (g) above are for informational purposes and are provided to assist the Department in discharging its responsibilities with respect to these Programs. Nothing in this MOU gives the Department the authority to approve, deny or require any County policies. The County acknowledges the Department's right to review, comment upon or request reasonable additional information or clarification of any such County policies or records. Such requests shall be made in writing and directed to the County department of social services director. The County asserts that it will consider such comments in its implementation of these Programs without being obligated to incorporate in its Programs any Department comments or suggestions. DUTIES OF THE DEPARTMENT. a) The Department shall oversee the implementation of the Works Program statewide, and in connection therewith, shall develop, in consultation with the ~es, standardized forms that shall streamline the application process, aet~very of services, and tracking of participants; and The Department will monitor the County's provision of basic assistance grants, and if necessary, perform those duties set forth in CRS 26-2-712(5)(e); and b.5) The Department shall oversee and is responsible for the development, implementation, maintenance, and enhancement of the Colorado Benefits Management System (CBMS) and its application relative to the Colorado Works Program. As CBMS is a "smart system" utilizing decision tables run by a rules engine for determining eligibility and amount of benefits the counties shall be held has-c~iless for erroneous decisions made by CBMS. Without limitation, this applies to erroneous eligibility decisions, erroneous dete~s~iinations of amount of benefits, erroneous decisions resulting in overpayments and subsequent claims, and erroneous decisions resulting in underpayments and subsequent supplemental payments or restorative benefits. This hold harmless also applies to any legal or recovery actions resulting from erroneous, inaccurate, or inadequate CBMS controlled noticing to Colorado Works households. This hold harmless does not apply to errors caused by the entry of inaccurate data into the system or failure to follow program rules formally adopted by the Board of b) (ii) Human Services. This hold harmless does apply to CBMS training and data entry rules and/or any rules that are part of the CBMS rules engine. c) The Department shall develop and provide training for Works Program staff as required by CRS 26-2-712(7); and d)(i) Actions subject to sanction or remediation. Subject to the other limitations set forth herein, including those contained in subsection 4(b.5) of this section, the Department may impose sanctions or develop a remediation plan as provided in this MOU if the actions of the County result in the County: (A) Failing to maintain the minimum cash assistance grant to a family in which the single caretaker of a child under six years of age has not complied with work requirements due to an inability to obtain needed child care as determined by the County or in violation of federal law. (B) Misusing federal or state Works Program or Child Care Program funds, including receipts or recoveries that are not reported, where a federal or state law or regulation enacted before the use of the funds requires the funds to be spent in a different way. County Works Program and Child Care Program funds that are misused will not qualify toward meeting the County maintenance of effort or County share requirements. (C) Failing to satisfy work participation rates as contained in this MOU. (D) In violation of state or federal law, reducing the basic assistance grant, restricting eligibility or the provision of services, or imposing sanctions in a manner inconsistent with state law or a state plan, which is in compliance with federal law. (E) Failing to comply with any other provision of the Colorado Works Program if such failure causes the Department to incur a federal fiscal sanction. Limitations on Sanctions for Failure to Meet Work Participation Rate. (A) If the Department is sanctioned by the federal government for failing to meet the state work participation rate, the Department may impose a sanction on the County as provided in paragraph 4(d)(iii) of this MOU. However, if the federal government does not sanction the Department and the County fails to achieve the negotiated work participation rate for the County, then the provisions for a remediation plan contained in paragraph 4(d)(iv) apply. In any case in which the Department is considering a sanction or remediation plan for the County due to the County's failure to achieve its work participation rate, the Department shall first follow the procedures for determining whether the County made a good faith effort to achieve its work participation rate as outlined in paragraph (B) of this paragraph (ii). (B) The Department shall not impose a sanction on the County for the County's failure to meet its work participation rate if the Department determines that the County made a reasonable and good faith effort towards meeting its work participation rate. In making this detcmdnation, the Department, without limitation, shall consider documentation of the following: Implementation of a County defined and approved process for moving clients through the welfare to work system using the full range of countable federal work activities, implementation of a County procedure for encouraging participation at the required number of hours, such as incentives for meeting individual responsibility contract (IRC) hour commitments, an assessment and an IRC for all Works Program participants, accurate and timely data entry in CBMS for all Works program participants, including proper coding and work participation data tracking, any other documentation which may demonstrate good faith effort, and County identification of problems in perfo,mance and implementation of an action plan to improve performance. In detemdning whether the County made a reasonable and good faith effort toward meeting its work participation rate, the Department shall also consider the operational capacity of CBMS. The County shall be held harmless for any CBMS programming irregularities, missing or incomplete functionality necessary to support work programs and work participation documentation and/or implementation problems attributed to the Department that affects documentation for work participation. The Department shall investigate and make a determination as to whether the County has made such a reasonable and good faith effort prior to imposing any sanction or remediation plan for this reason. The Department shall not sanction or develop a remediation plan for the County's failure to meet its work participation rate unless (iii) the Department has found that the County did not make a reasonable and good faith effort towards meeting its work participation rate. Sanction Procedures when Department has been Sanctioned. In any instance where the Department determines that the County has failed in an obligation specified in paragraph 4(d)(i) of this MOU, causing the Department to incur a fiscal sanction and the Department is considering a fiscal sanction against the County, the Department shall proceed as follows: (A) The Department shall provide the County thirty (30) days written notice of the proposed sanction before imposing any fiscal sanction. Such written notice shall include: 1) All of the reasons for the imposition of the sanction; 2) Documentation specifying how the sanction was calculated, and documentation supporting the amount of the sanction; 3) A specific indication of what constitutes a remedy or correction that will allow the County to avert the sanction, if any remedy or correction is possible; and 4) An acknowledgement that if the County remedies or corrects the sancfionable action as set forth in the notice, a sanction will not be imposed by the Department. The corrective action contained in the notice shall be specific to the action giving rise to the sanction, and shall not extend beyond such violation. Upon receiving such notice, the County shall have the opportunity within thirty (30) days to contest, explain, offer evidence of mitigating factors, and/or submit a plan to correct the alleged failure before the Department imposes the sanction. (B) If the County corrective action plan has not eliminated the performance problem, the Department shall negotiate a County remediation corrective action plan (RCAP) with the board of County commissioners for the County. The RCAP shall be designed not as a punitive measure, but, instead, as an effort to further the mutual goal of the Department and the County to achieve successful operation of MOU-related programs. The negotiated RCAP shall include a sufficient deployment of resources, which may include fiscal resources, over a specified period of time agreed to between the Department and the County to meaningfully attempt to correct the performance problem. If the agreement includes deployment of fiscal resources, the County shall determine the source of (iv) such fiscal resources. Such fiscal resources expended by the County shall not be considered a "financial sanction" as contemplated by CRS 26-2-716(4)(b). The amount of the resources committed shall be: Mutually agreed upon, adequate to meaningfully attempt to correct the performance problem, and shall not exceed the amount for a fiscal sanction calculated by the Department in paragraph 4d(iii)(A). The RCAP shall be agreed to within thirty (30) days of failure of the corrective action plan specified in paragraph 4d(iii)(A). In the event the Department and County cannot agree to a RCAP, the Department shall be authorized to proceed with the sanction against the County as identified in paragraph 4d(iii)(A). (C) If the County fails to correct the action, and a sanction is imposed, the Department may impose a sanction for the failure of the County in an amount no greater than the fiscal sanction imposed by the federal government against the Department. Additionally, the amount of said sanction cannot exceed the funds spent by the Department for a sanction incurred because of the County's failure to meet its obligation. If the Department has incurred a sanction due to the failure of more than one County to meet its obligations, the County shall only be sanctioned for its share of the sanction incurred by the Department. (D) The Department agrees to provide the County with all documents received from the federal government related to any proposed or imposed federal sanction within twenty (20) days of receipt by the Department, together with all Deparhnent documents related to the actions giving rise to that federal sanction, or which relate to the sanction process. Remediation Procedure. In any instance where the Department determines that the County has failed in an obligation specified in paragraph 4(d)(i) of this MOU, the Department has not incurred a fiscal sanction and the Department is considering a corrective action for the County, the Department shall proceed as follows: (A) The Department shall provide the County thirty (30) days written notice of the proposed corrective action. Such written notice shall include: 1) All of the reasons for the corrective action; 2) Documentation specifying how the corrective action was determined, and documentation supporting the justification of the corrective action; 3) A specific indication of what constitutes a remedy or correction that will allow the County to avert the corrective action, if any remedy or correction is possible; and 4) An acknowledgment that if the County remedies or corrects the performance problem identified in the notice, a corrective action will not be imposed by the Department. The corrective action contained in the notice shall be specific to the performance problem giving rise to the corrective action, and shall not extend beyond such performance problem. Upon receiving such notice, the County shall have the opportunity within thirty (30) days to contest, explain, offer evidence of mitigating factors, and/or submit a plan to correct the alleged failure before the Department imposes the corrective action. (B) If the County corrective action plan has not eliminated the performance problem, the Department shall negotiate a County remediation corrective action plan (RCAP) with the board of county commissioners for the County. The RCAP shall be designed not as a punitive measure, but, instead, as an effort to further the mutual goal of the Department and the County to achieve successful operation of MOU-related programs. The negotiated RCAP shall include a sufficient deployment of resources, which may include fiscal resources, over a specified period of time agreed to between the Department and the County to meaningfully attempt to correct the performance problem. If the agreement includes deployment of fiscal resources, the County shall determine the source of such fiscal resources. Such fiscal resources expended by the County shall not be considered a "financial sanction" as contemplated by CRS 26-2-716(4)(b). The amount of the resources committed shall be: Mutually agreed upon, adequate to meaningfully attempt to correct the performance problem, and shall not exceed the amount of resources identified in the corrective action notice specified in paragraph 4d(iv) (A). The RCAP shall be agreed to within thirty (30) days of failure of the corrective action plan specified in paragraph 4d(iv)(A). In the event the Department and County cannot agree to a RCAP, the Department shall be authorized to proceed with the corrective action for the County as identified in paragraph 4d(iv)(A). (C) The Department agrees to provide the County with all documents received from the federal government related to any performance problem within twenty (20) days of receipt by the Department, together with all Department documents related to the actions giving rise to the performance problem, or which relate to the remediation process. e) The Department (or its duly designated agent) may assume the County's administration and implementation of the Works Program and the Child Care Program if the County deliberately or consistently fails to meet its obligations under this MOU or under federal or state law pertinent to the Works Program or the Child Care Program. The Department shall provide the County thirty (30) days written notice before assuming these duties. Upon receiving such notice, the County shall have the opportunity to contest, explain, offer evidence of mitigating factors, or to correct the failure before the Department assumes the duties; and f) The Department shall allocate the amount of moneys that are provided to the County as part of the County's block grant for the purpose of its administration and implementation of the Works Program pursuant to the fo~xxlulas described in CRS 26-2-714. Payment of all money so allocated shall be made to the County in accordance with CRS 26-1-122(3)(b); and g) The Department will, in consultation and in conjunction with the County, develop or modify automated systems to meet the reporting requirements of CRS 26-2- 717. However, if any automated system developed by the Department is incompatible with any existing County system, and a reporting error or discrepancy results, the Department shall not, for that reason, impose sanctions on the County. 5. DISCRETIONARY MATTERS REMAIN THE SAME. The parties agree that all portions of Senate Bill 97-120 that grant discretion to either party regarding the administration of the Works or Child Care Programs in the County shall not be affected by the execution of this MOU. 10 /0 6. SEVERABILITY. To the extent that this MOU may be executed and performance of the obligations of the parties may be accomplished within the intent of the MOU, the terms of the MOU are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of tei-fsi hereof shall not be construed as a waiver of any other te~m, or of the same term upon subsequent breach. 7. INTEGRATION OF UNDERSTANDING. This MOU is intended as the complete integration of the understanding between the parties concerning the matters negotiated between them and incorporated in this MOU. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written amendment executed by the parties. The parties, however, recognize the nature of the relationship between the County and the State. This relationship is governed more broadly by pertinent provisions of the Colorado Constitution and of state statutes and rules, including lawful rules promulgated by the State Board of Human Services. The parties further recognize that this MOU is not intended to supersede or change the relationship between the County and the State as established by any legal authority. 8. NO THIRD PARTY BENEFICIARY. Except as herein provided otherwise, this MOU shall inure to the benefit of and be binding upon, the parties and their respective successors and assigns. It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved unto the Department and the County, to the extent permitted by law. Nothing contained in this MOU shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the Department and the County that any such person 11 or entity, other than the Department or the County, receiving services or benefits under this MOU shall be deemed an incidental beneficiary only. 9. DISPUTE RESOLUTION. A. Disputes arising prior to the execution of the MOU If the parties are unable to reach agreement concerning the inclusion of, or wording of, provisions of the MOU, either party may refer the dispute to the State Board of Human Services for resolution pursuant to the provisions of CRS 26-2-715(3). B. Disputes arising after the execution of the MOU The parties shall work in good faith to resolve a dispute arising from any provision of this executed MOU. If the parties are unable to resolve such dispute, any of the following options is available: 1. Either party may ask the Governor to review a disputed issue. Such review must be initiated by notice provided to the Governor and other party by certified mail. Such notice must indicate that the parties are deadlocked on the dispute, and further negotiations between the parties are not likely to be productive. Such notice shall also contain a copy of the executed MOU, an outline of the issue(s) involved and a summary of the parties' respective positions. The Governor may establish a review process, and shall provide a non-binding resolution based on the actions and equities of each situation. The Governor has the discretion to decide whether or not to review the dispute or whether to delegate the review of the dispute to a third party not directly involved with the dispute. The Governor need not state a reason for refusing to review a dispute or for delegating it to a third party. 2. By agreement of both parties, the parties may refer the matter to a dispute resolution panel for non-binding mediation. The dispute resolution panel will consist of three members: One selected by the County, one selected by the Department, and one selected by the other two members of the panel. The parties 12 shall provide the panel with the information necessary to consider the dispute. Each party shall pay for its own costs and attorney fees, and shall share equally in any fees paid to panel members. The panel's decision shall be made by a majority vote of its members. 3. By agreement of both parties, the parties may request that the State Board of Human Services mediate a dispute arising following the execution of the MOU. If the State Board agrees to such non-binding mediation, the provisions of CRS 26-2-715(3) concerning time limits and final effect of the State Board's decision shall not apply. None of these options shall be a jurisdictional prerequisite to legal action by either party. MARVA LIVINGSTON HAMMONS STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES I'F"'~'I~"!~ '~ I'-" ' -v ~ Exectltive Dire{ tor COUNTY OF PITKIN COLORADO, n~d through/the BOARD OF COUNTY COMMISSIONERS A.~ ST: / /A'~ t~J~ ~/~ ~//i/.~ County Clerk to the Board 13 /3 Colorado Works Program Plan, 2005 PITKIN County Section 1 - Eligibility Criteria and Benefit Limits For each type of benefit or service that applies to your county (except for basic cash assistance), please list the maximum income levels for eligibility; the maximum payment amounts for each type of benefit or service; and any other criteria that apply for the receipt of each type of benefit or service. Please be as detailed as possible and attach additional pages as necessary. Type of Benefit or Maximum Maximum Service, if applicable Income Payment Level for Amount Other Eligibility Criteria Eligibility Other Assistance · Employment Same as $1000 per · Participants may not receive more than 24 months of Transportation Basic year other assistance. · Medical not Cash Asst. · Only participants who receive basic cash or lump sum covered by benefits will be eligible for Other Assistance. Medicaid · CWP staff will determine the barriers the A/P has to · Work Clothes overcome to be self-sufficient and gain sustainable · Dental Work employment. · Counseling · The self and needs assessment will take into account the · Licensing exams A/P's resources, employability, education, attitude, · Relocation ambition and ability to enter, maintain employment or expenses(on a demonstrate the ability to achieve self-sufficiency. confirmed job) · An IRC is required for other assistance. · Self-improvement courses · Tools, dues, tuition, etc. · Purchased Services Services may be purchased that will connect Works clients with under Title IVA- Same as other community resources through vendor payments when they EA Basic are not available under Medicaid or in the community without Cash Asst. additional cost to the family or the agency. These services will parallel the Title IV-A Emergency Assistance and Family Preservation Guidelines. State Diversion · Transportation Same as $1000 · The grant shall be based on the A/P's ONE time need to assistance for Basic maintain, acquire or seek sustained employment and self- employment Cash Asst. sufficiency. purposes · All A/P's shall provide a family budget for the next six (6) · Medical Assistance months to verify that the family unit can be expected to meet · Shelter Costs their obligation. · Work Clothes · The A/P shall agree in writing NOT to apply for basic cash and/or tools, dues assistance or other diversion grants for a period of not less and fees than 6 months, but no more then 12 months. $1-499 will be a 6 month exclusion, $500-1000 will be a 12 month exclusion. · The maximum number of diversion grants is 5 in a lifetime. · An IRC is required for State Diversion. County Diversion · Transportation 200% of $1000 per · County grants will be on a ONE time specific need and · Medical the year based on the need to maintain, acquire or seek employment. · Shelter Federal · The IRC and Assessment must support the grant. · Household supplies poverty · The A/P may not apply for any other diversion or cash · Home Repairs level assistance for 6 months. · Work Clothes and · Lifetime maximum shall not exceed 5. tools · An IRC is required for County Diversion. · Dues and fees · Tests and course fees Section 2 - Description of Benefits Provided Type of Benefit or Service, if applicable Description of Benefit or Service Basic Cash Assistance · Basic Cash Assistance is a monthly payment to eligible families in accordance with statewide eligibility criteria and that is provided on a monthly basis or as vouchers, protective payments or as lump sum payment. · Vendor payments will be used as a part of the lump sum payment or when vendor payments are requested by the participant. Vendor payments will be based on the IRC. · Lump sum payments will be authorized when the AlP is at imminent risk of homelessness or loss of employment. A/P shall agree in writing to submit receipts for lump sum payments to DSS within 30 days of lump sum payment. A/P must demonstrate that a lump sum payment shall not interfere with their ability to meet basic family needs. Maximum lump sum payment shall not exceed six months of basic cash. · Relative Care: The County may provide up to $500, the amount of a foster home payment, for Relative Care based on the individual child's special needs. Documentation from a Physician or Mental Health professional is required. · County will close cases for failure to cooperate with the program requirement. Recipient shall be notified in writing of their failure to comply within 10 days. (Please see Sanctions section) · An IRC is required for Basic Cash Assistance. Other Assistance · See Eligibility Criteria State Diversion · See Eligibility Criteria · In- kind services that may be provided in lieu of cash based on participant request; Translation services, Child Support Enforcement, Information and Referral services. County Diversion · See Eligibility Criteria Eligibility and Benefits determination for Pitkin County Social Services employees will be done by Eagle County Health and Human Services. Per 26-2-716 (2.5) C.R.S., please attach all county policies related to basic cash, other assistance, state diversion and county diversion. Please use additional pages as necessary. Section 3 - Sanctions Sanction Level Minimum Number of Months First 1 Second 3 Third 6 Please list the good cause reasons for which you do not impose sanctions, and describe your process for determining when to impose sanctions. Reasons for good cause or not imposing sanctions: Incarceration · Inability to obtain child care · Domestic Violence · Jury Duty · Time limited family emergencies such as death in the immediate family, illness in the immediate family - documented by a physician. · A family disaster such as fire, flood, or major crime victimization, eviction, or other such situations when reviewed by the Director as meeting the definition of time-limited emergency. Participants must contact their worker within 48 hours of any emergency unless they are incapable of doing so. A request for good cause exemption must be accompanied by written documentation or signed releases for the agency to obtain documents. The matter will be reviewed within 2 working days, sanctions will not be imposed during the review period. If the good cause determination in not approved, the participant will be notified in writing of the imposition of sanctions. Sanctions on Other Assistance and purchased services will be applied in the same proportions as the basic cash grant. Sanctions on Statewide Diversion, a one-time authorized payment plan, other than the agreement not to reapply for not more then 6 months but no more then 12 months, will not be imposed. County Diversion is a one-time authorized payment plan, sanctions other than not to reapply for six months will not be imposed. Participants who misrepresent their need, income, resources and situation will be prosecuted for fraud. Good cause exemptions: · Death ora caretaker · Disability of a caretaker as documented by a physician · The disability of a child that requires full time care in the home by a parent as documented by a physician. · Dissolution of marriage · Inability to obtain child care · Domestic Violence · Seperation due to domestic violence or child abuse · Layoff from a reduction in work force · Incarceration of the primary wage earner · Family disaster, such as fire, flood, major crime victimization, eviction through no fault of the families or other situations when reviewed by the County Director as meeting the definition of a family disaster. Dispute Resolution: Participants may request a meeting, in writing, with the County Director or designee to review the factors of their individual situation and the basis for the county decision regarding cash benefits, services or sanctions. Meetings will occur within 5 working days. Benefits will continue during the period of county dispute resolution. Participants who disagree with the Director's review will be provided with their right to appeal the county's decision. Pitkin County will not provide interim relief when the participant appeals an agency decision after the prior notice has expired. Per 26-2-716 (2.5) C.R.S., please attach all county policies related to sanctions against basic cash assistance and other assistance. Please use additional pages as necessary. Section 4 - Job Readiness and Work Activities Please describe your county definition of job-ready. An individual is "job ready" when they possess the job skills and experience which meet the requirements of local employers for employment, when jobs are available and consistent with the long term goal of self-sufficiency and child care and transportation are available. If your county automatically exempts participants from work activities based on the age of their youngest child, what is the maximum age of the child (in months) that will result in the exemption. NO Exemption The following 12 work activities may be used to meet work participation rates as established by the federal government, as well as satisfy the 24 month requirement. Please indicate which ones your county uses. X x x X X x X X X X X X Unsubsidized employment Subsidized private sector employment Subsidized public sector employment Work experience __ On-the-Job Training Job Search/Job Readiness Community Service Programs __ Vocational Educational Training __ Provision of Child Care for a Participant in a Community Service Program __ Job Skills Training Directly Related to Employment __ Education Directly Related to Employment __ Satisfactory Attendance at Secondary School or GED If Community Service Programs is indicated above, please define the activities which will be included in your county's community service programs in addition to those listed in Volume III at 3.626.2 (G). No additional programs In addition to those activities listed above, please describe what other work activities your county uses in order for individuals to meet the 24 month requirement. NONE Per 26-2-716 (2.5) C.R.S., please attach all official written county policies related to work activities in your county. Please use additional pages as necessary. Section 5 - Child Care Availability Appropriate and affordable formal child care arrangements are defined as unavailable when the following conditions exist: When the agency or client is unable to locate a facility where the child can be given care during hours needed. When the client is unable to locate a relative who will care for the child. Child Care is extremely expensive in Pitkin County, it would unaffordable if the cost reached over $50 a day. Informal child care by a relative or under other arrangements are defined as unavailable or unsuitable when the following conditions exist: Pitkin County does not contract with non-relative providers. When the client has no relative in the area or is unable to locate a relative within a reasonable distance from their home or work. When the client is unable to locate a child care slot. Il:gat is the definition of a reasonable distance from an individual's home or work site for which appropriate child care would be considered unavailable? When there are no available childcare vacancies or caregivers within 10 miles of the individual's home or work site. Hazardous road conditions and winter driving could also be reasonable. Per 26-2-716 (2.5) C.R.S., please attach all official written county policies related to child care availability in your county. Please use additional pages as necessary. Section 6 - Domestic Violence and the Family Violence Option Please answer the following questions about the Domestic Violence and the Family Violence Option. Please use additional pages as necessary. How will your county create an environment that ensures that victims of domestic violence are able to voluntarily disclose abuse in a confidential manner? The office environment is a reasonable and safe place for the client to speak with staffregarding domestic violence. Individual offices have separate doors and the client is in a totally confidential area. How will your county assure that appropriate domestic violence services are available to participants of the Colorado YForks Program? We have an excellent organization called Response, Help for Battered Women. We also have excellent counseling services available to our clients. How will your county assure that appropriate referrals are made to appropriate domestic violence services for Colorado Works participants? Clients who have disclosed or alluded to any type of domestic violence will be immediately referred to the Aspen Counseling Center or Response. }Khat procedures are in place to provide State approved domestic violence training to county staff and to any entity with which the county has a contract for service? How often is the training provided? How will your county verify that contractors receive domestic violence training? YFhat qualifications and/or credentials are required for the individual(s) providing domestic violence training for your county? Domestic Violence will be referred to outside agencies that specialize in these services. Staff attended the State required training. How will your county assure domestic violence training is provided to county staff and contractors? (check one) XX State provided training __ State approved training provided by our county __ Contract for training Will your county be implementing the Family Violence Option? Yes No Section 7 - Earned Income Tax Credit Per Section 26-2-709 (2) (b) C.R.S., please describe how you help participants apply for and receive the federal earned income tax credit. Please use additional pages as necessary. Clients will be given information and direction as to how to apply for and received the federal earned income tax credit. Clients will be given information at the time of their interview or upon their request. Information given to clients will be that provided by the State of Colorado Dept. of Human Services and the IRS Section 8 - Individual Development Accounts Per Section 26-2-716 (2) (g) C.R.S., please describe how you make available opportunities for Individual Development Accounts (IDAs). Please use additional pages as necessary. Pitkin County will provide the clients with education, information and referrals for opportunities to establish and participate in IDA's. Section 9 - Statutory Rape Prevention The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) requires each state to "conduct a program designed to reach State and local law enforcement officials, the education system, and relevant counseling services, that provides education and training on the problem of statutory rape so that teenage pregnancy prevention programs may be expanded in scope to include men." While not required by state statute, please provide us any information you have about any programs in your county designed to implement this federal requirement. Please use additional pages as necessary. Pitkin County will not be implementing this option. Section 10- Out-of-Wedlock Birth Prevention The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) requires each state to "establish goals and take action to prevent and reduce the incidence of out-of-wedlock pregnancies, with special emphasis on teenage pregnancies, and establish numerical goals for reducing the illegitimacy ratio of the State (as defined in section 403(a)(2)(B)) for calendar years 1996 through 2005." While not required by state statute, please provide us any information you have about any programs in your county designed to reduce the incidence of out-of-wedlock births, and particularly those programs that emphasize reducing the incidence of teen-age out-of-wedlock births. Please use additional pages as necessary. Pitkin County will not be implementing this option Section 11 - Grandparent Guardianship Per C.R.S. 26-2-709(1)(a.5), which of the following need standards do you use to determine eligibility for an assistance unit containing a grandchild who was in foster care and who exited foster care into the legal custody or legal guardianship of a grandparent? Pitkin County also uses this option for relative care with special needs children. The need standard available for counties to determine eligibility under the Colorado Works program for all applicants and participants The average foster care home payment Section 12 -60 Month Hardship Extensions Per C.R.S. 26-2-716(5)(a), please describe any additional county-defined hardship criteria that you accept as basis to provide hardship extensions to pay cash assistance to units that have received 60 months of federal TANF assistance. There will be no additional funding beyond 60 months. Section 13 - Mental Health/Substance Abuse Per C.R.S. 26-2-724, please describe the method you use to screen applicants for mental health and substance abuse issues. Pitkin County will use either the North Carolina Behavioral Observation Checklist II or. the Drug Abuse Screening Test (Dast-10). Clients through either self-declaration or observation shall be referred to Colorado West Mental Health, Aspen Counseling Center or a Detoxification Facility. Section 14 - Community Resource Investment Assistance Per C.R.S. 26-2-707.5(2), please submit policies regarding: 1. the types of community resources in which you invest 2. the purpose of such community resource investment 3. the income eligibility standards 4. the process used to determine eligibility 5. the county's dispute resolution processes Pitkin County will not be implementing this option. Section 15- Segregated Funding Per C.R.S. 26-2-714(5.5)(b)(II), please describe your policies in each of the following areas in which you use segregated funding: Pitkin County will not be using Segregated Funding. Capital Construction Cash assistance without counting towards the 60-month limit for federal TANF assistance Non-citizens Medical services Purposes 3 (reducing the incidence of out-of-wedlock pregnancies) and 4 (encourage the formation and maintenance of two-parent families) of TANF to people who would not otherwise meet TANF eligibility criteria Other Program Descriptions If not already addressed previously, for each of the categories listed below, please describe in as much detail as you would like, the benefits or services provided. Details to consider in your description(s) could include the purpose(s) of the program; amounts, frequency and duration of any subsidies; eligibility criteria for receipt of benefits or services; the types of expenditures covered with TANF funds; additional funding source(s) used, e.g. WtW, WIA, etc. Attach any program descriptions or other information as appropriate, and any related county policies. Please use additional pages as necessary. Subsidized Employment N/A Work Incentives N/A Education Incentives N/A Housing N/A Transportation N/A Postsecondary Education N/A Noncustodial Parents N/A Controlled Substance Abuse Policy N/A Additional Types of Benefits or Services N/A PITKIN COUNTY CHILD CARE ASSISTANCE PLAN FOR THE PERIOD: State Fiscal Years 2006-2007 County: Pitkin County I Date Originally Submitted: June 15, 2005 I Person Completing This Form: Name: Kate Jangula, Director State Contact For the Child Care Assistance Program (If same, indicate) Name: Winona Hoffrnan Address: 100 Elk Run Dr., Suite 122 Address: same Basalt, CO 81621 Phone: 970-429-2040 Phone: 970-429-2043 Fax: 970-927-1612 Fax: same Email Address: kate.jangula~state.co.us Email Address: winona.hoffman~state.co.us Security CHATS Business Contact Person Contact Person Contact Liaison Office with access to with access to MI 5 M60, M40 Name: Winona Same Same Same Same Hoffman Phone: 970-429-2043 User ID: Eh40012 Email: Winona.ho ffman ~state.co.us *If multiple users with access to security screens, please attach list with access information and user ID. Directions: Describe your county's child care assistance program completely for each question/box. Please be brief but include as much information as needed to give the State DHS a full picture of your program. Answers may occupy more space than listed on this template. Feel free to attach policies or documents as needed. Amendments to the County Plan are to be tracked and submitted using the Amendments Log, page t~vo of this document. Service Area 1: Colorado Works Families Low- Income Families Special Circumstance Families Application/ Redetermination 1.1 How are families Colorado Works families are Low-income families are Families are informed of the informed of the informed of the availability of informed of the availability of availability of child care and availability of Child child care and of available child child care and of available of available child care options Care? care options at the intake child care options at the intake by the Child Welfare Staff. interview, during subsequent interview, food stamp assessments and during the interview, LEAP discussion or creation of the IRC. other conversation with Case Manager, Child Welfare Worker or Kids First R&R. 1.2 How does a family Applications are received either in same same apply for services? person or by mail. Telephone requests for applications are responded to quickly and applications mailed to requesting family. 1.3 Does your county We do not prescreen applicants Same same prescreen applicants? If yes, what is the prescreening process? 1.4 What is the process Interviews are conducted by the Same After referral from for eligibility Case Manager. Caseworker, Case Manager determination will process within five including: Applicants can usually get an working days. · Interview policy appointment for eligibility · Length of time for determination within two working eligibility days. determination · Length of time Applicants will receive a notice before the family and certificate of eligibility within receives notice of ten working days of completed eligibility, application if all verification is provided at the time of application. Otherwise it will be within ten working days of providing verification. 1.5 Does Your County No No accept the Head Start Application? If yes, ~lease describe how this process differs from your normal application process. 1.6 Does your county No No use the option to redetermine based on the Head Start School schedule? If yes, what is the process and how does this differ from your normal redit, process? Service Area 2: Colorado Works Families Low- Income Families Special Circumstance Families Parental Educationl Resource Referral 2.1 Describe in Same Same detail the process forWe do make referrals to the families to identify resource and referral agency. child care options 2.2 Typically, when During interview, or anytime Same Same do families receive they request information from information on child any staff. care choices? 2.3 Describe the During interview, or anytime Same Same process for sharing they request information from information on any staff. health care coverage for children; when does this occur? 2.4 What is your Staff will make determination Same Same process for and seek approval from determining, Director. approving and denying a parental fee hardship? Service Area 3: County Options 3.1 County's Income Family size $ Eligibility level % of 2003 FPL Eligibility Guideline, date approved. 2 1869 185 3 2353 185 4 2837 185 5 3321 185 6 3804 185 7 4289 185 8 4773 185 Effective 4/1/03 3.2 20% Rule: Does Yes. your county use the Case manager will review household income at the first six month redetermination and subsequent 20% Rule? If yes, redetermination. If the household is found to have income in excess of the standard in 3.904.1.C.4, an please describe interview will be scheduled and the requirement explained to the HH, the HH then can choose to pay a process, hi~her parental fee or the case will be discontinued. 3.3 Training: Is training an approved Yes activity? If yes, how Twenty four months with approved IRC. many months of training are approved? 3.4 Extension of No. Benefits: Does your county apply the option to continue benefits for 6 months? If yes, please answer the next two questions. 3.5 Extension of NA Benefits: How do you ensure that a family does not exceed 85% of State Median Income 3.6 Extension of NA Benefits: What is your process for transitioning the family off of assistance? 3.7 Immunization: The Department collects the records. Indicate whether your county collects immunization records as part of eligibility or if the responsibility of providers. If responsibility of providers, attach copy of county compliance plan (required). Service Area 4: County Payment Options 4.1 Contract for No slots: Does your county utilize the option? If yes, please answer next two questions. 4.2 Contract for NA slots: What is the process for establishing a contract incl. choosing a contractor? 4.3 Contract for NA slots: What is the process for monitoring and determining effectiveness of contracts? 4.4 County Limits Registration: $105 per year limit for: Activity: $80 per year Registration Transportation: $325 per year Activity Transportation 4.5 Number of paid 3 per month absences 4.6 Number of paid Standard -6 holidays: list 4.7 Process for None holding slots, maximum number of days approved 4.8 Maximum No restriction number of Approved days between activities. 4.9 Days of paid 0 notice 4.10 Does your Yes county utilize the pay-the-parent option? Service Area 5: County Reimbursement Rates 5.1 Rate Type: Center Daily Rates Licensed Home Daily Legally Exempt Daily Define Rates if other Rates Rates than basic: (i.e., define RESORT Alternative rate) Rate Name; ALL $40 $40 $40 Rate Name; OVER 2 RURAL UNDER 2 OVER 2 5.2 How often are rates No revisions are currently being considered due to budget constraints. revised? Policy will be reviewed upon request by provider. 5.3 Provide justification that ensures county Pitkin County pays the Market Rate. negotiated rates provide CCCAP families with the same access to ctdld care that private pay families have. Include the resources and process used to determine your reimbursement rates. Service Area 6: TANF Transition 6.1 What percentage of none families are transitioned from TANF to Low Income Child Care? 6.2 Describe your The case manager would handle both caseloads. county's transition Currently we have no TANF Families. process 6.3 How do you obtain See above. the needed information? 6.4 What is your process An interview would be scheduled, the form would be filled out, and the signature would be witnessed. for obtaining the client responsibility form?