[29 Pa.B. 5658]
[Continued from previous Web Page] 10. Education in the Work First Environment.
Since the implementation of welfare reform in Pennsylvania, education in the form of literacy initiatives, pursuit of a High School diploma or GED, English as a Second Language, Adult Basic Education, post-secondary schooling and vocational skill training has been a part of the continuum of work-related activities.
Indeed, Pennsylvania law is unusual in that it permits significant flexibility to pursue education or training as the sole work-related activity for a full year, with no minimum work hours required for two years. This opportunity is crucial for those who do not find work during the initial job search. In fact, during the entire five years on welfare, individuals can pursue an education as long as they meet the hourly work requirement upon receiving TANF for 24 months.
National research continues to document the superior effectiveness of models that combine work with education and training. A realistic course of education can be part of an approved plan to reach self-sufficiency regardless of the number of months of assistance the client has received.
Employment always has been the primary goal of our TANF program. We continue to encourage individuals to begin developing a work history early in their welfare experience. However, the role of education will continue to be emphasized for clients who have been successful in finding employment and are now seeking career advancement in order to move to self-sufficiency.
Some of our current and soon-to-be developed refinements include:
* Contracted program designs that currently include various courses of education. We will strive to maintain these and even increase them where appropriate. * Structured outreach efforts that began with post-secondary institutions and will be expanded to include community literacy programs. * Programs and procedures that assist individuals in completing their educational activities while meeting work requirements. * Additionally, development of case management programs that will support and assist individuals enrolled in post-secondary education to stay in school and meet the challenges of parenthood as well as those associated with participation in education while working. Pennsylvania will continue to mesh employment and training efforts designed specifically for welfare recipients into the larger workforce development system at every appropriate point. Collaboration with the One-Stop system mandated by the Workforce Investment Act has been ongoing with partnerships developing at the state and county levels.
11. Noncompliance with the RESET Program
A sanction is imposed on any individual required to participate in RESET who, without good cause:
* Fails to accept a bona fide offer of employment in which the individual is able to engage; * voluntarily terminates employment; * Fails or refuses to accept referral to participate in or continue participation in a work or work-related activity as specified in the AMR; * Fails to accept referral to participate in or continue participation in an available work or work-related activity; * Fails to seek employment; * Fails to maintain employment; * Reduces earnings; * Fails to participate in one of the following work-related activities if not employed at least 20 hours per week during the first 24 months of receiving cash assistance: subsidized employment; work experience; on-the-job training; community service; Workfare; vocational education; general education; English-as-a-second language; job skills training; job search or readiness/preparation activities; * Fails to participate for an average of at least 20 hours per week in one of the following work activities after receiving 24 months of cash assistance: unsubsidized employment; subsidized employment; work experience; community service; on-the-job training or Workfare; * Fails to agree to fulfill the work or work-related activity requirements; or * Fails to apply for work at such time and in such manner as the Department may prescribe. If good cause is not established, the client will receive an Advance Notice advising of the proposed sanction.
The sanctions for failure to comply with employment and work-related activity requirements are required by Section 432.3 of Act 35.
[ ] Sanctions for Failure to Comply with RESET Requirements
A mandatory participant who fails to cooperate with the work or work-related activity requirement, participate in RESET or accept a bona fide offer of employment, or who terminates employment, reduces earnings or fails to apply for work, without good cause, is ineligible for cash assistance. Pennsylvania is exercising the option that allows for reduction in the family's assistance grant by more than the pro rata amount when an individual refuses to engage in work.
The period of the sanction is:
First occurrence - 30 days or until the failure to comply ceases, whichever is longer. Second occurrence - 60 days or until the failure to comply ceases, whichever is longer. Third occurrence - permanently. If the reason for sanction occurs in the first 24 months, the sanction applies only to the individual.
If the reason for the sanction occurs after the first 24 months, the sanction applies to the entire assistance group.
In lieu of the sanctions set forth above, if an employed individual voluntarily, without good cause, reduces his earnings by not fulfilling the 20-hour work requirement during the first 24 months, the cash grant is reduced by the dollar value of the income that would have been earned if the recipient would have fulfilled his 20-hour work requirement, until the 20-hour requirement is met.
NOTE: If an employed individual voluntarily, without good cause, reduces his earnings by not fulfilling the 20-hour work requirement after having received cash assistance for 24 months, the household is ineligible.
The Department of Public Welfare has opted not to impose a sanction on Medical Assistance benefits for recipients who fail to comply with employment and work-related activity requirements.
12. Supporting Employment with Child Care
The Department of Public Welfare has provided information about subsidized child care benefits available under the ''Child Care Works'' program in the Child Care Development Block Grant State Plan submitted in June 1999 for the period October 1, 1999 through September 30, 2001. Support for child care costs for eligible TANF recipients participating in approved work-related activities provides access to a full range of child care opportunities. Consumer education materials and information about minimal health and safety standards are available to all TANF clients and participating providers. Information about day care options, as well as availability and location of care, continues to be available through the Department's contracted Child Care Information Service agencies.
13. Coordination with Child Welfare
The State recognized the need to strengthen the existing line of communication between the local County Assistance Offices and the local County Children and Youth Agencies. A workgroup was organized and charged with responsibility to develop a set of inter-agency protocols to coordinate efforts to serve mutual clients. The workgroup designed a process that eliminates development of conflicting service plans and eliminates the possibility of conflicting program requirements. The protocols require that the activities outlined on the Agreement of Mutual Responsibility, prepared in the County Assistance Offices, should be coordinated with the Family Service Plan that is prepared at the County Children and Youth Agency. In addition, all 67 County Assistance Offices and County Children and Youth Agencies were charged with implementing county protocols to ensure a local service delivery system that enables families to reach self-sufficiency while providing a safe environment for the child. Additionally, prior to the imposition of a sanction for non-compliance with the work requirement, County Assistance Offices are required to contact County Children and Youth Agencies to determine if a family may have good cause for such non-compliance.
14. Safeguarding Information
Pennsylvania continues to operate its welfare program in a manner that safeguards information about individuals and families receiving assistance. The State intends to adhere to the provisions on the safeguarding of information in effect prior to implementation of TANF, with the addition of the following provisions:
* The Department of Public Welfare exchanges information with the Pennsylvania State Police, the Pennsylvania Board of Probation and Parole, the State Department of Corrections, county law enforcement and corrections agencies, and local law enforcement and corrections agencies. This information is used to identify persons who have been sentenced for a felony or misdemeanor and have not satisfied the penalty imposed by law, fugitive felons and persons convicted of drug-related felonies. The Pennsylvania State Police and the Pennsylvania Board of Probation and Parole will have access to the records of the Department of Public Welfare's Assistance Recipient Identification Program (finger-imaging file). * The Department of Public Welfare will furnish the address of an individual to a Federal, state or local law enforcement officer who certifies that the individual has information that is necessary for the officer to conduct his official duties and the location of the recipient is within such official duties. 15. Transfers of TANF Block Grant Funds
Pennsylvania continues to provide supportive and emergency assistance through TANF or other State programs as follows:
* Pennsylvania reserves the option to transfer TANF funds to the Child Care and Social Services Block Grants. * TANF funds will be transferred to support Office of Children, Youth and Families programs which provide emergency assistance and services to children only as authorized in the approved AFDC State Plan in effect as of September 30, 1995. * TANF funds may be transferred to the Department's Office of Social Programs to augment the existing Homeless Assistance Program, thereby creating a single program to respond to emergency shelter needs. 16. Reductions of Out-of-Wedlock Births
The Pennsylvania Department of Public Welfare, through its Office of Social Programs, is the agency responsible for services which can reduce out-of-wedlock births. This reduction is being addressed from two perspectives:
* Provision of family planning services for low-income families and without regard to income for those who are 16 and 17 years old; and within Department of Health under federal funding through Title V of the Maternal and Child Health Block Grant to teens under 16; and without regard to income. * Abstinence education for adolescents with family incomes less than 185 percent of the federal poverty income guidelines. The Pennsylvania Department of Health, through the Abstinence Education and Related Services (AERS) Initiative, and as part of the Governor's Project for Community Building, has implemented a five-year comprehensive statewide plan to promote abstinence as a positive lifestyle decision for young adolescents. There are currently 28 AERS community-based projects serving 35 counties in Pennsylvania. Community projects will deliver abstinence-only education and related services to children and adolescents throughout communities and schools. Related services include mentoring, adult supervision, counseling, and training programs for parents, peers, and health professionals on how to conduct abstinence education. A statewide media campaign was implemented to raise public awareness of the benefits of abstinence, the negative consequences of teen pregnancies outside the context of marriage, and the central role of parents and significant others as the prime educators of their youth. Pennsylvania is exercising the option to provide mentoring, counseling and adult supervision to promote abstinence from sexual activity. For TANF, services are focused on adolescents and provided by current contractors.
In 1994, there were 51,354 out-of-wedlock births, of which 14,843 or 28.9 percent were to women 19 years of age or younger. In 1995, there were 49,042 out-of-wedlock births, of which 14,436, or 29.4 percent, were to women 19 years of age or younger. In 1996, there were 47,828 out-of-wedlock births, of which 13,907 or 29.1 percent were to women 19 years of age or younger. In 1997, there were 47,182 out-of-wedlock births, of which 13,457 or 28.5 percent were to women 19 years of age or younger. Pennsylvania proposes to reduce the number of out-of-wedlock births to teenagers to 28.15 percent in 1998 (one percentage point less than the average for 1994-1995).
17. Education and Training to Reduce Statutory Rape
Pennsylvania convened a Statutory Rape Task Force to address the issue of teen pregnancies that result from relationships with older men. Through a contract with the Pennsylvania Coalition Against Rape (PCAR), the Pennsylvania Department of Public Welfare launched an ad campaign and educational program to increase awareness of the statutory rape laws among middle school, junior high, and high school students and staff. PCAR representatives, along with Equalogy, the company that developed the curriculum, have received a tremendous amount of response from students and staff who were unaware of the legal issues regarding youths that are involved with persons who are significantly older. The ad campaign consists of 1) posters placed on public buses in Philadelphia as well as in school hallways or nurses' offices, 2) a teen magazine geared toward girls, 3) a music CD of songs about teens in various relationship situations and 4) free concerts at underage dance clubs. The artists on the CD and performing at the concerts encourage the teens not to give in to peer pressure.
Although the Task Force's efforts have largely focused on school-aged females, the Task Force will explore means to reach school-age males and young adult males.
18. Identifying Domestic Violence
Pennsylvania is exercising the Federal TANF option to certify that it will screen for and identify victims of domestic violence. Since 1997, the Department of Public Welfare has collaborated with the Pennsylvania Coalition Against Domestic Violence (PCADV), its statewide contractor providing services to victims of this abuse, to develop a program to screen for and identify domestic violence victims among TANF applicants and recipients. This collaboration has taken place under the auspices of the Domestic Violence/TANF Task Force.
The Task Force developed a training program (including a video role play) that provides information on identifying and understanding victims of domestic violence as well as guidance on how a caseworker should use this information to perform his/her job. Victims of domestic violence may qualify for temporary waivers of TANF program requirements such as time limits on receipt of cash assistance, employment and training requirements, and cooperation with child support requirements.
To avoid asking each client specific questions on domestic violence, the Task Force developed several forms of universal notification. A brochure and palm card that explain domestic violence and contain the telephone numbers of local domestic violence agencies are available for distribution in the County Assistance Offices. These items may be dispensed by the caseworker or placed in areas of the County Assistance Office such as the women's restroom for discreet access. The Common Application Form will be revised to include a tear-out sheet explaining domestic violence, good cause and the possibility of being temporarily excused from certain program requirements. In the interim, the tear-out sheet will be printed and provided to all applicants/recipients as part of the application/redetermination interview package.
The Department of Public Welfare also plans to revise its regulations governing good cause for failing to cooperate with child support requirements based on a claim of domestic violence. Applicants/recipients who are unable to safely provide documentation of good cause within the established time frames for providing verification may sign an affirmation of this fact and be granted good cause for a period not to exceed six months.
Revised good cause requirements will be implemented upon publication of a Notice of Rule Change in the Pennsylvania Bulletin.
19. Link with Medicaid
TANF eliminated the automatic granting of Medical Assistance benefits to cash assistance recipients. However, it provided states the opportunity to maintain the link by ensuring that their TANF design is no less restrictive in certain financial and non-financial criteria. Since Pennsylvania's TANF Program does ensure this, all TANF eligibles will continue to receive Medical Assistance benefits.
Additionally, Pennsylvania has implemented several operational changes to ensure that individuals transitioning from TANF receive all Medicaid benefits for which they are eligible. The Department of Public Welfare has instructed caseworkers to: 1) determine Medical Assistance eligibility when closing a cash case; 2) authorize extended Medical Assistance as appropriate; 3) issue a notice of Medical Assistance eligibility when closing a cash case; and 4) determine Medical Assistance eligibility when rejecting a cash application. Also, computer enhancements have been developed to: 1) flash warning messages to remind caseworkers to review Medical Assistance when rejecting or closing a cash case, and 2) open automatically cases for extended Medical Assistance based on closing codes. These enhancements are supported by supervisory review and management monitoring of every cash case closing when an immediate opening of Medical Assistance does not occur.
The Department of Public Welfare also has worked with the Pennsylvania Department of Insurance to develop a joint application for the Children's Health Insurance Program and Medicaid Program, which will streamline the application process for families.
Pennsylvania also has engaged in several outreach efforts to support the aforementioned operational initiatives. For example, stuffers, which have the Healthy Babies/Healthy Kids Hotline number, are included with every system-generated closing or application rejection. The Department of Public Welfare has mailed 101,000 flyers with pertinent Medical Assistance information to families who had their cash case closed since 7/1/97 and did not have subsequent Medical Assistance. This effort was followed by a television media campaign informing audiences that many families losing TANF may still be eligible for Medical Assistance.
These efforts demonstrate Pennsylvania's commitment to provide families with the Medical Assistance coverage to which they are eligible.
20. Food Stamp Outreach
Pennsylvania recently agreed to join with the United States Department of Agriculture (USDA) Food and Nutrition Service (FNS) as partners in a nationwide Food Stamp Public Education Campaign. In addition to distributing the campaign brochures, posters and flyers provided by FNS, the Department recently met with community agencies to solicit their ideas and help in developing strategies for effective food stamp outreach, including the possibility of working with community-based organizations. We also plan to work with the Nutrition Education Network to tap their expertise in the development of a comprehensive outreach plan.
B. SPECIAL PROVISIONS
1. Families Entering Pennsylvania from Another State
Effective March 3, 1997, Pennsylvania implemented 62 P. S. § 432(5)(ii), which requires the Department to provide benefits based on the level provided by a family's former state if the family had resided in the State for less than 12 months. On October 6, 1997, the U. S. District Court for the Eastern District of Pennsylvania preliminarily enjoined the Department of Public Welfare from enforcing this multi-tier durational residency provision in the case of Maldonado et al. v. Houstoun et al. On September 9, 1998, that preliminary injunction was upheld by the U. S. Court of Appeals for the Third Circuit.
On May 24, 1999, following its decision in Saenz v. Roe, 119 S.Ct. 1518 (1999), striking California's two-tier durational residency requirement, the U. S. Supreme Ct. denied Pennsylvania's Petition for Certiorari seeking review of the 3d Circuit's decision in Maldonado. In light of those decisions, no regulation will be promulgated to implement 62 P. S. § 432(5)(ii).
2. Treatment of Noncitizens
Pennsylvania is exercising the options available in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to continue or to authorize TANF benefits for non-citizens who are ''qualified aliens,'' as defined by the Act, and who meet all other eligibility requirements.
3. Delivery of Benefits
Pennsylvania continues to operate the TANF Program based on the rules and regulations for delivery of benefits in effect prior to implementation. Eligible recipients receive continuing benefits in two semi-monthly cash payments delivered primarily through the Electronic Benefits Transfer (EBT) System.
During the fiscal year 1997-1998, Pennsylvania implemented a Statewide EBT system to replace the current paper-based welfare benefits issuance system. EBT is a state-of-the-art means for electronically issuing welfare recipient benefits through a statewide network of automatic teller machines (ATMs) and point-of-sale (POS) devices to electronically deliver cash assistance and food stamp benefits throughout the Commonwealth.
4. Right to Appeal
Pennsylvania will continue to follow the appeal and fair hearing regulations and procedures consistent with Title 55, Chapter 275.
5. Community Service Option
Pennsylvania has opted out of the provision to require a parent or caretaker to participate in community service if that parent or caretaker has received assistance for two months, is not exempt from work participation, and is not engaged in work.
CERTIFICATIONS The State will operate a program to provide Temporary Assistance for Needy Families (TANF) so that children may be cared for in their own homes or in the homes of relatives; to end dependence of needy parents on government benefits by promoting job preparation, work, and marriage; to prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and encourage the formation and maintenance of two-parent families.
This program is known as Temporary Assistance for Needy Families (TANF)
Executive Officer of the State: Governor Tom Ridge
In administering and operating a program which provides Temporary Assistance for Needy Families with minor children under title IV-A of the Social Security Act, the State certifies the following:
CERTIFICATION THAT THE STATE WILL OPERATE A CHILD SUPPORT ENFORCEMENT PROGRAM.
The Department of Public Welfare will operate a child support enforcement program under the approved Title IV-D State Plan.
CERTIFICATION THAT THE STATE WILL OPERATE A FOSTER CARE AND ADOPTION ASSISTANCE PROGRAM.
The Department of Public Welfare will operate, during the fiscal year, a foster care and adoption assistance program under the State plan approved under part E, and the State will take such actions as are necessary to ensure that children receiving assistance under such part are eligible for medical assistance under the State plan under Title XIX of the Social Security Act.
CERTIFICATION OF THE ADMINISTRATION OF THE PROGRAM.
The Department of Public Welfare will administer and supervise the program known as Temporary Assistance for Needy Families for the fiscal year. Local governments and private sector organizations will be consulted regarding the plan and design of welfare services in Pennsylvania so that services are provided in a manner appropriate to local populations; and these same local governments and private sector organizations will have had at least 45 days to submit comments on the plan and the design of such services.
CERTIFICATION THAT THE STATE WILL PROVIDE INDIANS WITH EQUITABLE ACCESS TO ASSISTANCE.
The Commonwealth of Pennsylvania, during the fiscal year, will provide each member of an Indian tribe, who resides in the State and is not eligible for assistance under a tribal family assistance plan approved under section 412, with equitable access to assistance under the State's TANF Program.
CERTIFICATION OF STANDARDS AND PROCEDURES TO ENSURE AGAINST PROGRAM FRAUD AND ABUSE.
The Commonwealth of Pennsylvania has established and is enforcing standards and procedures to ensure against program fraud and abuse, including standards and procedures concerning nepotism, conflicts of interest among individuals responsible for the administration and supervision of the State program, kickbacks, and the use of political patronage.
OPTIONAL CERTIFICATION OF STANDARDS AND PROCEDURES TO ENSURE THAT THE STATE WILL SCREEN FOR AND IDENTIFY DOMESTIC VIOLENCE.
The Department of Public Welfare will establish and enforce standards and procedures to:
* screen and identify individuals receiving assistance under this part with a history of domestic violence while maintaining the confidentiality of such individuals; * refer such individuals to counseling and supportive services; and * waive, pursuant to a determination of good cause, other program requirements such as time limits (for so long as necessary) for individuals receiving assistance, residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with such requirements would make it more difficult for individuals receiving TANF assistance to escape domestic violence or unfairly penalize such individuals who are or have been victimized by such violence, or individuals who are at risk of further domestic violence. CERTIFIED BY THE CHIEF EXECUTIVE OFFICER OF THE STATE:
______
Date Tom Ridge, Governor
FUNDING Section 403(a)(1)(A) provides that each eligible State shall be entitled to receive for each of the fiscal years 1996 through 2002, a grant in an amount equal to the State family assistance grant as defined in section 403(a)(1)(B).
I. Payments to Agency Administering the TANF Program.
Please provide payment for the TANF Program to the same organization administering the AFDC/JOBS programs as of March 3, 1997.
II. State Payments for TANF Program
Payments for the TANF Program are to be made to the Pennsylvania Department of Public Welfare.
The Commonwealth of Pennsylvania's estimate for each quarter of the fiscal year by percentage is:
For FY 1998 and Future Years
1st 2nd 3rd 4th Quarter quarter quarter quarter 25% 25% 25% 25%
[Pa.B. Doc. No. 99-1840. Filed for public inspection October 29, 1999, 9:00 a.m.]
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