RULES AND REGULATIONS
Title 55—PUBLIC WELFARE
DEPARTMENT OF PUBLIC WELFARE
[ 55 PA. CODE CHS. 108 AND 187 ]
Family Violence and TANF and GA; Support from Relatives Not Living With the Client
[40 Pa.B. 2762]
[Saturday, May 29, 2010]The Department of Public Welfare (Department), under the authority of sections 402(a)(7) and 408(a)(7)(C) of the Social Security Act (act) (42 U.S.C.A. §§ 602(a)(7) and 608(a)(7)(C)), 45 CFR 264.1(c) (relating to what restrictions apply to the length of time Federal TANF assistance may be provided), sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. §§ 201(2) and 403(b)) and 23 Pa.C.S. §§ 4371—4381, 7312 and 8309, amends §§ 187.22 and 187.27 (relating to definitions; and waiver of cooperation for good cause) and adds Chapter 108 (relating to family violence and TANF and GA) to read as set forth in Annex A. Notice of proposed rulemaking was published at 38 Pa.B. 4514 (August 16, 2008).
Purpose of Final-Form Rulemaking
The purpose of this final-form rulemaking is to add Chapter 108. This final-form rulemaking codifies requirements regarding victims of domestic violence who apply for or receive benefits under the Temporary Assistance for Needy Families (TANF) or General Assistance (GA) cash assistance programs.
The final-form rulemaking also amends §§ 187.22 and 187.27 by deleting language regarding domestic violence that is incorporated into Chapter 108.
The Department will apply the policies in this final-form rulemaking to help identify victims of domestic violence, refer them to appropriate services, waive certain TANF or GA program requirements, when appropriate, and protect the confidentiality of domestic violence victims.
Affected Individuals and Organizations
This final-form rulemaking affects applicants and recipients who are victims of domestic violence. This final-form rulemaking also affects community agencies such as counseling agencies, shelters and other domestic violence service providers.
Accomplishments and Benefits
This final-form rulemaking will benefit TANF and GA applicants and recipients who are victims, have been victims or are at risk of further victimization due to domestic violence.
Individuals who disclose domestic violence will be referred to appropriate voluntary counseling and supportive services. Individuals who request and receive a waiver of TANF or GA program requirements may be temporarily excused from those requirements when compliance could jeopardize their safety, make it more difficult for them to escape domestic violence or place them at risk of further violence. Individuals who receive waivers of the 60-month time limit on receipt of TANF benefits will have more time to avail themselves of programs and supportive services that promote self-sufficiency. Approximately 3,909 individuals currently receiving cash assistance have good cause waivers for child support or work requirements.
According to the study ''A Review of the Research on Welfare and Domestic Violence'' by Richard Tolman and Jody Raphael in the Journal of Social Issue and Sharmila Lawrence's issue brief titled ''Domestic Violence and Welfare Policy: Research Findings That Can Inform Policies on Marriage and Child Well-Being'' from the Research Forum on Children, Families, and the New Federalism National Center for Children in Poverty, approximately 25% of current welfare recipients have a history of domestic violence. With the current cash assistance population, this final-form rulemaking could benefit approximately 30,000 individuals and families.
Fiscal Impact
There are no costs or savings associated with this final-form rulemaking.
Paperwork Requirements
A new written consent form allows the Department to release information to a third party as provided under § 108.14 (relating to safeguarding information). This form will be developed by the Department.
Public Comment
Written comments, suggestions and objections were solicited within a 30-day comment period. The Department received ten public comments. The commentators expressed enthusiastic support for the adoption of this final-form rulemaking. Commentators included the Community Justice Project, Women's Law Project, Community Legal Services of Philadelphia, the Pennsylvania Coalition against Domestic Violence, the Pennsylvania Welfare Coalition, Pathways Pa, Pennsylvania Hunger Action Center, Pennsylvania Coalition Against Rape, Public Citizens for Children and Youth, JEVS Human Services and Mid Penn Legal Services. The Department also received comments from the Independent Regulatory Review Commission (IRRC).
The Department carefully reviewed and considered each suggestion and comment and thanks the organizations that commented on this final-form rulemaking.
Discussion of Comments and Major Changes
Following is a summary of the comments received during the public comment period following publication of the proposed rulemaking and the Department's response to the comments. A summary of changes from the proposed rulemaking is also included.
Statutory Authority
IRRC noted that the Department cited the following as its authority for promulgating this proposed rulemaking: two sections of the Public Welfare Code (62 P. S. §§ 101—1417), two full titles of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) and the majority of three full chapters of 23 Pa.C.S. (relating to Domestic Relations Code). IRRC commented that the statutory authority included in the proposed rulemaking was too vague to adequately explain the Department's authority to promulgate this final-form rulemaking. IRRC proposed two solutions. The Department could more specifically identify the Department's statutory authority, as required under section 5.1(a)(1.1) of the Regulatory Review Act (71 P. S. § 745.5a(a)(1.1)) or it could include a brief narrative explaining how the provisions of law, as originally proposed, relate to each other to create the necessary statutory authority.
Response
The Department revised the statutory authority to more specifically identify the Department's authority.
§ 108.2 (relating to definitions)
IRRC commented that the definition of ''FVO—Family violence option'' should include a cross-reference to the Federal law mentioned in the definition.
Response
The Department agrees that the definition of ''FVO—Family violence option'' should include a cross-reference to Federal law and revised the definition accordingly.
IRRC also commented that although the Department defined the term ''work requirements,'' the Department use of phrases ''work or work-related activities'' and ''work program or other work activity'' appear to mean the same thing. IRRC suggested that the term ''work requirements'' be used consistently throughout the final-form rulemaking.
Response
To clarify, the Department added the definition of ''work and work-related activities'' to § 108.2 and revised the definition of ''work requirements'' to ''work and work-related activity requirements.'' A ''work or work-related requirement'' refers to the requirements in Chapter 165 (relating to Road to Economic Self-Sufficient through Employment and Training (RESET) Program), such as hours an individual must meet; ''work and work-related activities'' refer to the actual activities in Chapter 165.
§ 108.3 (relating to universal notification)
Commentators and IRRC asserted that § 108.3(3)(iii) should include the phrase ''education and training'' and have a cross reference to the Pennsylvania Code for eligibility for supportive services.
Response
The Department agrees and incorporated the phrase ''including education and training'' in renumbered paragraph (6) and added a cross reference to Chapter 165 for eligibility for supportive services.
§ 108.5 (relating to individual notification)
Commentators recommended that the Department revise § 108.5(b)(3) by replacing the phrase ''reducing benefits'' with the phrase ''imposing a sanction.'' They state that while the Department's current method of child support sanction is the reduction of benefits, this may not always be the case. Use of the term ''imposing a sanction'' will ensure the regulation will not become obsolete if the sanction changes in the future.
Response
The Department agrees with this comment and revised § 108.5(b)(3) accordingly.
Commentators suggested that the Department revise § 108.5(c) to clarify that the Department will provide written notification of the right to claim a good cause based on domestic violence to individuals who formerly disclosed domestic violence unless the recipient notifies the Department in writing that written notification may place the recipient at risk of further domestic violence.
Response
The Department agrees with this comment and revised § 108.5(c) accordingly.
Commentators recommended that the Department revise § 108.5(d)(2) by adding the phrase ''and procedure for requesting'' to ensure that individuals understand not only the availability of good cause waivers but also how to obtain a waiver.
Response
The Department agrees with this comment and revised § 108.5(d)(2) accordingly.
Commentators suggested that the Department revise § 108.5(e) to clarify that the Department will provide oral notification of the right to claim good cause based on domestic violence at application and renewal interviews.
Response
The Department agrees with this comment and revised § 108.5(e) accordingly.
§ 108.10 (relating to verification)
IRRC asked that the final-form rulemaking specify how an individual can obtain the verification form provided by the Department.
Response
The Department provides forms at applicable times—in person, by mail and at the client's request. The Department revised § 108.10 to include how the individual can obtain a verification form.
IRRC also asked the Department to delete § 108.10(b)(6) since subsection (b) implies that the list that follows is not complete.
Response
The Department agrees and deleted paragraph (6) and renumbered the section accordingly.
§ 108.11 (relating to time frames for good cause waiver determinations based on domestic violence)
IRRC questioned how the Department determined that 15 calendar days is an appropriate time frame to determine whether to grant a good cause waiver.
Response
The Department conferred with the Domestic Violence/TANF Task Force, which includes victims of domestic violence, advocates and Department staff, and jointly agreed that 15 calendar days is a reasonable time frame to decide whether to grant a good cause waiver.
§ 108.12 (relating to notice of good cause determinations based on domestic violence)
IRRC commented that § 108.12(a) is unclear as to when the Department will provide written notice of the determination regarding a good cause request and suggested that the final-form rulemaking state when this notice will be provided.
Response
The Department did not adopt this recommendation. During the Department's review of a request for a good cause waiver, an individual's status remains the same. Therefore, individuals are not disadvantaged while the Department reviews good cause claims. No adverse action is taken until the appeal period ends. Because the Department is already held to a 30-day time frame for making decisions in accordance with § 125.24(c) (relating to procedures), it is unnecessary to add an additional time frame to notify the individual about the decision. Further, it is standard policy and procedure to send a notice of eligibility determination as soon as possible after a decision is made.
Commentators noted that § 108.12(b)(2) contains a confusing clause suggesting that the Department may not be certain of the duration of a good cause waiver. They recommended that the Department delete the clause ''If the Department is uncertain of the duration'' or revise the clause to say ''If the Department is uncertain of the duration of the need for the waiver.''
Response
The Department agrees with the commentators and revised the clause in § 108.12(b)(2).
Commentators recommended that the Department add subsection (d) to include cross references to regulations that identify the specific notices that should be used.
Response
The Department revised § 108.12, as requested, by adding subsection (d) with cross references pertaining to notices under §§ 125.1 and 133.4 (relating to policy; and procedures).
§ 108.13 (relating to review of waivers)
IRRC commented that § 108.13(4) refers to an ''approval process'' and stated it is unclear what this ''approval process'' is or how it will be administered. IRRC recommended that the Department add the ''approval process'' to the final-form rulemaking.
Response
The Department agrees that the phrase ''approval process'' is unclear and, therefore, deleted this language. For clarity, this language was replaced with the ''Department's decision.''
§ 108.14 (relating to safeguarding information)
IRRC asked that the final-form rulemaking specify how an individual can obtain the release of information form provided by the Department.
Response
The Department revised § 108.14 to include instructions on how the form can be obtained.
§ 108.16 (relating to DRS responsibility for the FVI)
Commentators suggested that the Department revise § 108.16(a) to clarify the following: (1) that an individual who is in contact with the Domestic Relations Section (DRS) may personally request a family violence indicator (FVI) be placed on the file; and (2) that the Department will electronically instruct the DRS to place an FVI on a file in those counties where a personal appearance at the DRS is waived.
Response
The Department agrees with the commentators' suggested revision to § 108.16(a). The Department electronically informs the DRS that a family violence code has been placed in the Client Information System, which automatically places an FVI ''behind the scenes'' in the case record in the DRS Pennsylvania Automated Child Support Enforcement System.
IRRC commented that § 108.16(b)(2) stated that the DRS and other Department staff will not access a DRS file unless authorized to do so. IRRC asked who has the authority to grant these authorizations and when would they permit authorizations.
Response
The Department and its staff are obligated to obey State laws and procedures regarding safeguarding information. Under section 404 of the Public Welfare Code (62 P. S. § 404), the Department has the authority to make and enforce regulations to protect confidential information that is in its possession. Only employees properly concerned may use the records and files in performing their duties in accordance with Chapter 105 (relating to safeguarding information). In addition, the DRS employees are under the jurisdiction of the courts of common pleas and must adhere to State law regarding safeguarding domestic violence information in accordance with 23 Pa.C.S. §§ 4305 and 6112 (relating to general administration of support matters; and disclosure of addresses) and 23 Pa.C.S. Chapter 67 (relating to domestic and sexual violence victim address confidentiality). The Department revised subsection (b)(2) to clarify that the DRS and other Department staff will not access a DRS file unless access to the file is needed in the performance of their job duties.
§ 108.17 (relating to Agreement of Mutual Responsibility (AMR))
Commentators suggested that this section also include language to ensure that good cause waivers based on domestic violence are Federally recognized waivers. They asked the Department to add subsection (c) to state that the AMR serves as the services plan according to 45 CFR 260.55 (relating to what are the additional requirements for Federal recognition of good cause domestic violence waivers?).
Response
The Department agrees and revised subsection (b) to clarify that the AMR will identify the program requirement that is being waived. Additionally, the Department agreed to add subsection (c) to clarify that the AMR serves as the domestic violence services plan under 45 CFR 260.55.
In addition to the summarized changes and responses to comments, minor editorial changes were made for clarity in §§ 108.3, 108.5, 108.12, 108.13 and 108.15.
Regulatory Review Act
Under section 5.1(a) of the Regulatory Review Act (71 P. S. § 745.5a(a)), on March 11, 2010, the Department submitted a copy of the final-form rulemaking, to IRRC and to the House Committee on Health and Human Services and the Senate Committee on Public Health and Welfare (Committees) for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the Committees and the public.
Under section 5.1(j.1) and (j.2) of the Regulatory Review Act, on April 21, 2010, the final-form rulemaking was deemed approved by the Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on April 22, 2010, and approved the final-form rulemaking.
Finding
The Department finds that:
(a) The public notice of intention to adopt the administrative regulations by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(b) The adoption of the final-form rulemaking in the manner provided by this order is necessary and appropriate for the administration and enforcement of the Public Welfare Code.
Order
The Department, acting under the authority of sections 201(2) and 403(b) of the Public Welfare Code, orders that:
(a) The regulations of the Department, 55 Pa. Code Chapters 108 and 187, are amended by amending §§ 187.22 and 187.27 and by adding §§ 108.1—108.18 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Offices of General Counsel and Attorney General for approval as to legality and form as required by law.
(c) The Secretary of the Department shall certify and deposit this order and Annex A with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon final publication in the Pennsylvania Bulletin.
HARRIET DICHTER,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 2493 (May 8, 2010).)
Fiscal Note: Fiscal Note 14-513 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 55. PUBLIC WELFARE
PART II. PUBLIC ASSISTANCE MANUAL
Subpart A. ASSISTANCE POLICIES AND PROCEDURES
CHAPTER 108. FAMILY VIOLENCE
AND TANF AND GA
GENERAL PROVISIONS Sec.
108.1. Purpose. 108.2. Definitions. 108.3. Universal notification. 108.4. Written notification. 108.5. Individual notification. 108.6. Policy for applicants or recipients in immediate danger. 108.7. Requirements subject to waiver. 108.8. Claiming good cause based on domestic violence. 108.9. Time limits. 108.10. Verification. 108.11. Time frames for good cause waiver determinations based on domestic violence. 108.12. Notice of good cause waiver determinations based on domestic violence. 108.13. Review of waivers. 108.14. Safeguarding information. 108.15. Alternate address. 108.16. DRS responsibility for the FVI. 108.17. Agreement of Mutual Responsibility (AMR). 108.18. Referral for services. § 108.1. Purpose.
This chapter establishes rules and policies that apply to victims of domestic violence who are applicants for or recipients of TANF or GA cash assistance. These policies reflect the Department's commitment to address domestic violence among welfare recipients and are based on the Department's election of the FVO, authorized under Federal law.
§ 108.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
DRS—Domestic Relations Section—The section of a court of common pleas responsible for establishing and enforcing support orders.
Domestic violence—One or more of the following:
(i) Physical acts that resulted in, or threatened to result in, physical injury to the individual.
(ii) Sexual abuse.
(iii) Sexual activity involving a dependent child.
(iv) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities.
(v) Threats or attempts of physical or sexual abuse.
(vi) Mental abuse.
(vii) Neglect or deprivation of medical care.
FVI—Family violence indicator—A marker placed on Department and DRS records to indicate one or more individuals in the file are victims of domestic violence.
FVO—Family violence option—An optional provision in section 402(a)(7) of the Social Security Act (42 U.S.C.A. § 602(a)(7)), regarding eligible states; State plan, under which a state may elect to identify individuals with a history of domestic violence, refer them for counseling and supportive services and, upon a showing of good cause, waive one or more program requirements for these individuals.
Federal parent locator database—A National computer location system operated by the Federal Office of Child Support Enforcement, to assist states in locating noncustodial parents, putative fathers and custodial parties for the establishment of paternity and child support obligations, as well as the enforcement and modification of orders for child support, custody and visitation.
PACSES—Pennsylvania Automated Child Support Enforcement System—Pennsylvania's single Statewide automated data processing and information retrieval system for child support enforcement under Title IV-D of the Social Security Act (42 U.S.C.A. §§ 651—669b).
Work and work-related activities—Activities set forth in Chapter 165 (relating to Road to Economic Self-Sufficiency through Employment and Training (RESET) Program).
Work and work-related activity requirements—Requirements set forth in Chapter 165.
§ 108.3. Universal notification.
The Department will provide applicants and recipients with information about:
(1) Policies and procedures relating to domestic violence.
(2) Referrals to domestic violence services.
(3) Good cause waivers of certain TANF and GA program requirements.
(4) Specific information about program requirements if a waiver is not requested.
(5) Safeguards that may help the individual safely comply with program requirements, including placement of an FVI as defined in § 108.2 (relating to definitions) on Department and DRS files and other confidentiality protections.
(6) Opportunities to participate as a volunteer in work or work-related activities, including education and training, and to receive supportive services, under §§ 165.31 and 165.41 (relating to RESET participation requirements; and eligibility for special allowances for supportive services) if the individual receives a good cause waiver.
§ 108.4. Written notification.
The Department will provide applicants and recipients with written notification of the information described in § 108.3 (relating to universal notification).
§ 108.5. Individual notification.
(a) The Department will provide applicants with written notification of the right to claim good cause based on domestic violence.
(b) The Department will provide recipients who have not previously disclosed domestic violence with written notification of the right to claim good cause based on domestic violence as follows:
(1) Prior to referral to the DRS.
(2) When the Department has reason to believe a family or household member has been subjected to or is at risk of further domestic violence.
(3) Prior to imposing a sanction for noncooperation with child support requirements according to § 187.26 (relating to noncooperation).
(4) When compliance with work requirements as defined in § 108.2 (relating to definitions) is discussed according to § 165.51 (relating to compliance review) and prior to imposing a sanction for noncooperation with work requirements according to § 165.61 (relating to sanctions).
(5) Prior to denying, terminating, reducing or suspending benefits due to failure to comply with a TANF or GA program requirement.
(c) The Department will provide a recipient who has previously disclosed domestic violence with written notification of the right to claim good cause based on domestic violence according to subsection (b)(1)—(5), unless the recipient notifies the Department in writing that written notification of this right would place the recipient at risk of further domestic violence.
(d) Written notification must include an explanation of:
(1) The availability of referrals for assistance for victims of domestic violence.
(2) The availability of and procedures for requesting a good cause waiver of certain TANF or GA program requirements based on domestic violence.
(3) The confidentiality protections.
(e) The Department will provide oral notification to applicants and recipients of the right to claim good cause based on domestic violence as follows:
(1) At the application and renewal interviews.
(2) Prior to a referral to the DRS.
(3) When the Department has reason to believe a family or household member has been subjected to or is at risk of further domestic violence.
(4) At a compliance review under § 165.51 in which the recipient participates.
§ 108.6. Policy for applicants or recipients in immediate danger.
If an applicant or recipient is in immediate danger, the Department will:
(1) Provide a private space to allow the applicant or recipient to call a domestic violence hotline, if requested.
(2) Offer the applicant or recipient help in making arrangements for emergency shelter, medical care, transportation, child care and work.
§ 108.7. Requirements subject to waiver.
(a) The policies set forth in §§ 108.8—108.13 apply to good cause waivers of requirements for support cooperation, work, time limits, teen parents, verification and other TANF and GA program requirements, based on domestic violence.
(b) The Department may not waive the following TANF or GA program requirements except as provided in subsection (c):
(1) Minor child under § 145.41 (relating to policy).
(2) Specified relative under § 151.41 (relating to policy).
(3) Income under § 183.5 (relating to income verification).
(4) Resources under § 177.1 (relating to general requirements).
(5) Citizenship under § 149.23 (relating to requirements).
(6) Deprivation under § 153.41 (relating to policy).
(7) Enumeration under § 155.2 (relating to general).
(8) Identity under § 125.1 (relating to policy).
(9) Criminal status under sections 432(9) and 481.1 of the Public Welfare Code (62 P. S. §§ 432(9) and 481.1) regarding eligibility; false statements; investigations; and penalty.
(10) Residency under § 147.23 (relating to requirements).
(11) GA categorical eligibility requirement under § 141.61 (relating to policy).
(12) Signature on required forms, such as the application for benefits and authorization for release of information form under § 125.1.
(13) Permanent sanction under § 165.61 (relating to sanctions).
(14) Application for and cooperation in establishing eligibility for potential income under section 432.21(a) of the Public Welfare Code (62 P. S. § 432.21(a)) regarding requirement that certain Federal benefits be the primary source of assistance.
(c) The Department will determine whether to approve a request to waive one or more requirements in subsection (b)(3)—(14) on a case-by-case basis.
§ 108.8. Claiming good cause based on domestic violence.
(a) An individual may request a good cause waiver of a TANF or GA program requirement based on past, present or risk of further domestic violence, as defined in § 108.2 (relating to definitions).
(b) The Department will grant a good cause waiver of a TANF or GA program requirement if compliance with the program requirement would result in one of the following:
(1) Making it more difficult for the individual or family member to escape domestic violence.
(2) Placing the individual or family member at risk of further domestic violence.
(3) Unfairly penalizing the individual or family member because of domestic violence.
(c) The Department may grant a good cause waiver regardless of whether the alleged abuser is in the household.
§ 108.9. Time limits.
(a) An applicant or recipient may receive up to 12 months of TANF cash assistance that do not count towards the 60-month TANF time limit according to § 141.41(d) (relating to policy) based on past, present or risk of further domestic violence to the individual or family member. The months need not be sequential.
(b) Individuals may receive Extended TANF, as defined in § 141.52 (relating to definitions), if the individual or family member is or has been a victim of domestic violence or is at risk of further domestic violence according to § 141.53 (relating to eligibility based on domestic violence).
(c) Individuals may be eligible for cash assistance under this section regardless of whether the alleged abuser is in the household.
§ 108.10. Verification.
(a) An individual who requests a good cause waiver of a TANF or GA program requirement based on domestic violence shall complete the verification form provided by the Department.
(b) The Department will provide the verification form, in person or by mail, to an individual who requests the form and will instruct the individual to provide verification that may include one of the following:
(1) Law enforcement records.
(2) Court records.
(3) Medical or treatment records, or both.
(4) Social services records.
(5) Child protective services records.
(6) Third party verification from a public or private organization or an individual with knowledge of the circumstances including:
(i) A domestic violence service provider.
(ii) A medical, psychological or social services provider.
(iii) A law enforcement professional.
(iv) A legal representative.
(v) An acquaintance, friend, relative, or neighbor of the claimant, or other individual.
(c) If the individual cannot safely obtain verification described in subsection (b), the individual may affirm on the verification form provided by the Department that the individual cannot safely comply with a TANF or GA program requirement due to domestic violence.
(d) When an individual claims good cause based on domestic violence, the Department may not:
(1) Contact the alleged abuser.
(2) Require the individual to obtain a Protection from Abuse Order.
§ 108.11. Time frames for good cause waiver determinations based on domestic violence.
The Department will make a good cause waiver determination within 15 calendar days from the date the claim was initiated by the applicant or recipient.
§ 108.12. Notice of good cause waiver determinations based on domestic violence.
(a) The Department will provide written notice to the individual of its determination regarding the good cause waiver request.
(b) If the Department grants the waiver request, the notice will:
(1) State the program requirement being waived.
(2) Explain the duration of the waiver. If the Department is uncertain of the duration of the need for the waiver, the notice will explain that the waiver will remain in effect as long as necessary, subject to review every 6 months.
(c) If the Department denies the waiver request, the notice will:
(1) State which program requirements are not waived and the basis for the determination.
(2) State the legal authority for the denial.
(3) Explain the right to appeal.
(4) State what additional verification or information is needed to substantiate good cause and the time frame in which the information shall be provided.
(5) Explain that the individual shall comply with the program requirement for which the waiver was requested.
(d) The Department will follow the notice requirements in §§ 125.1 and 133.4 (relating to policy; and procedures).
§ 108.13. Review of waivers.
When the Department determines that a waiver of a TANF or GA program requirement based on domestic violence is appropriate, it will grant the waiver for as long as necessary, subject to review every 6 months as follows:
(1) An individual who verified domestic violence under § 108.10(b) (relating to verification) need not provide new or additional verification at the 6-month review if circumstances have not changed since the waiver was initially granted or since the last 6-month review.
(2) An individual who affirmed domestic violence under § 108.10(c) may provide verification under § 108.10(b) for the waiver to continue.
(3) An individual who affirmed domestic violence but remains unable to provide verification under § 108.10(b) may again affirm domestic violence on the verification form provided by the Department under § 108.10(c). The individual may receive a waiver for an additional 6 months.
(4) An individual who remains unable to provide verification under § 108.10(b) after 12 months may have the waiver continue by affirming domestic violence under § 108.10(c), subject to approval by the Department on a case-by-case basis. The individual's waiver and benefits will continue pending the Department's decision. If the waiver is approved, the individual may, if necessary, continue to affirm at each subsequent 6-month redetermination.
§ 108.14. Safeguarding information.
(a) Unless required by law or pursuant to the individual's written authorization, the Department may not disclose or release the following information about an applicant, recipient or family member who has disclosed domestic violence, has a Protection from Abuse Order or is at risk of further domestic violence by the disclosure of information:
(1) The residential address, the name and address of the individual's employer, education, training, or work program or other work activity, the name and address of the children's school and the identity and location of child care or medical providers.
(2) Whether the individual or family member is living in a domestic violence shelter and location of the shelter.
(3) The amount of benefits received by the individual or family member.
(b) The individual's written authorization must be provided on a form approved by the Department. The form may be provided to the individual in person or by mail. The form must include the name of the requestor, the information requested and the purpose of the request.
(c) The Department will place an FVI, as defined in § 108.2 (relating to definitions), on the electronic and paper files of an individual or family member who has disclosed domestic violence, has a Protection from Abuse Order or is at risk of further physical or emotional harm by the disclosure of confidential information.
§ 108.15. Alternate address.
(a) A victim of domestic violence may use an alternate mailing address if one of the following applies:
(1) The individual has applied for or received a good cause waiver based on domestic violence.
(2) The individual is at risk of further domestic violence.
(3) The individual is a participant in the Address Confidentiality Program administered by the Pennsylvania Office of Victim Advocate, under 37 Pa. Code Chapter 802 (relating to The Domestic and Sexual Violence Address Confidentiality Program).
(b) The Department will ask an individual who discloses domestic violence, has applied for or received a good cause waiver or is at risk of domestic violence, whether it is safe to send mail to the home address or whether it would be safer to send mail to an alternate address.
§ 108.16. DRS responsibility for the FVI.
(a) The Department will instruct the DRS to place an FVI in PACSES, as defined in § 108.2 (relating to definitions), for an individual who receives cash assistance and discloses domestic violence.
(1) For individuals who make a personal appearance at the DRS and request an FVI be placed in their files, the DRS shall place the FVI in PACSES.
(2) For individuals in counties in which a personal appearance at the DRS is waived, the Department will electronically inform the DRS that a FVI was placed on the automated client information system and directs DRS to place the FVI on PACSES.
(b) If the FVI is placed on the file:
(1) The DRS will not disclose information according to § 108.14 (relating to safeguarding information).
(2) The DRS and other Department staff will not access a DRS file unless access to the file is needed in the performance of their duties.
(3) The DRS will transmit the FVI to the Federal parent locator database as defined in § 108.2.
§ 108.17. Agreement of Mutual Responsibility (AMR).
(a) To ensure confidentiality, the Department will not record information about domestic violence on the AMR, as defined in § 123.22 (relating to definitions).
(b) If the Department has waived a TANF or GA program requirement based on domestic violence, the Department will identify the specific requirement that is being waived on the AMR. The AMR will not include the basis for the waiver.
(c) The AMR serves as the domestic violence service plan in accordance with 45 CFR 260.55 (relating to what are the additional requirements for Federal recognition of good cause domestic violence waivers).
§ 108.18. Referral for services.
When an applicant or recipient discloses domestic violence or requests a referral to domestic violence services, the Department will provide the individual with names, phone numbers and information about the services of local domestic violence agencies, which may include shelter, safety planning and counseling.
Subpart D. DETERMINATION OF NEED AND AMOUNT OF ASSISTANCE
CHAPTER 187. SUPPORT FROM RELATIVES NOT LIVING WITH THE CLIENT
SUPPORT PROVISIONS FOR CASH ASSISTANCE § 187.22. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Arrears—Past due and unpaid support.
BCSE—Bureau of Child Support Enforcement—The organizational unit in this Commonwealth responsible for supervising the State Plan for Child Support Enforcement under Title IV-D of the Social Security Act (42 U.S.C.A. §§ 651—669b).
Budget group—One or more related or unrelated individuals who occupy a common residence or would occupy a common residence if they were not homeless and whose needs and eligibility are considered together in determining eligibility for cash assistance under one category of assistance.
CAO—County assistance office—The local office of the Department responsible for the determination of eligibility for cash, Food Stamps and MA Programs.
Cash assistance allowance—The monthly family size allowance, reduced by the net income of the budget group. The family size allowance is described under § 175.23(a) (relating to requirements).
DRS—Domestic Relations Section—The division of a court of common pleas responsible for establishing and enforcing support orders.
Establishing paternity—The process that determines the legal father of a child.
LRR—Legally responsible relative—The spouse, including common-law, of the applicant or recipient of cash assistance, or the biological or adoptive parent of an unemancipated minor child for whom cash assistance is sought or received.
Obtaining support—Establishing, modifying or enforcing a support order.
Support—A judgment, decree or order whether temporary, final or subject to modification, imposed or imposable by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child or spouse, or both, which provides for monetary support, health care, arrears or reimbursement, and which may include other relief.
Unemancipated minor child—An individual who is under 18 years of age, or an individual 18 years of age or older but under 21 years of age, who has not graduated from high school, is not married and is in the care and control of a parent or caretaker.
§ 187.27. Waiver of cooperation for good cause.
(a) Good cause circumstances. Cooperation requirements may be waived for good cause. Requirements for granting a good cause waiver based on a claim of domestic violence, as defined in § 108.2 (relating to definitions), may be provided under §§ 108.7 and 108.8 (relating to requirements subject to waiver; and claiming good cause based on domestic violence). Other good cause circumstances include the following:
(1) The child was conceived as a result of incest or rape.
(2) Legal proceedings for the adoption of the child are pending before a court.
(3) The applicant or recipient of cash assistance is currently being assisted by a public or licensed private social agency to resolve the issue of whether to keep the child or relinquish the child for adoption and the discussions have not progressed for more than 3 months.
(b) Proving the good cause claim. The applicant or recipient of cash assistance shall provide relevant verification.
(1) A good cause claim may be verified with the following types of evidence:
(i) A birth certificate or medical or law enforcement records which indicate that the child was conceived as the result of incest or rape.
(ii) Court documents or other records which indicate that legal proceedings for adoption are pending.
(iii) A written statement from a public or licensed private social agency that the applicant or recipient is being assisted by the agency to resolve the issue of whether to relinquish the child for adoption.
(iv) Medical records which indicate emotional health history and present emotional health status of the applicant or recipient or the child for whom support would be sought; or, written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the applicant or recipient or the child for whom support would be sought. Supportive evidence submitted from a mental health professional will be defined as statements written by individuals who have obtained licensure or certification, if applicable, or have received a degree in defined areas of mental health including psychiatry, social work, psychology, nursing, occupational therapy or recreational therapy.
(v) Court, medical, criminal, child protective services, social services, psychological or law enforcement records.
(vi) Statements from individuals other than the applicant or recipient with knowledge of the good cause circumstances, including a domestic violence service provider, a medical, psychological or social service provider, a law enforcement professional, a legal representative, an acquaintance, friend, relative or neighbor of the claimant or other individual.
(2) When the applicant or recipient initiates a claim of good cause, the Department, court or the DRS may provide help with obtaining verification. If requested by the applicant or recipient, the Department, court or DRS will provide help in securing the needed evidence by advising how to obtain specific documents that may be available and by undertaking to obtain specific documents the applicant or recipient is not able to obtain.
(3) An applicant or recipient shall provide verification of the good cause claim, as specified under paragraph (1)(iv)—(vi), within 30 days from the date the claim is made, except when the applicant or recipient cannot otherwise provide verification of the good cause claim as specified in paragraph (1)(vii)(C).
(i) In the case of an applicant, assistance will be authorized no later than 30 days following application when the applicant is claiming good cause and verification is not readily available or pending from a third party.
(ii) In the case of a recipient, the CAO will continue assistance if verification is not provided within 30 days and the delay is due to a third party.
(c) Good cause determination. The court or the DRS will make a determination within 45 days from the day the claim was initiated by the applicant or recipient of cash assistance. The Department will make a determination within 15-calendar days from the date the claim was initiated by the applicant or recipient. The Department, court or the DRS may approve additional days for the determination to be completed.
(1) If the CAO makes a determination on a good cause claim, the CAO will notify the applicant or recipient of cash assistance in writing of the final determination regarding the claim of good cause and the basis therefor and of the right to appeal under Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings). If the good cause claim is denied, neither the Department nor the Bureau of Child Support Enforcement will attempt to establish paternity or obtain support for at least 30 days after the individual has been informed orally and in writing of the denial of the good cause claim.
(2) If the court of common pleas or DRS makes a determination on a good cause claim, the DRS will notify the applicant or recipient of cash assistance and the CAO of the final determination and the basis therefor and of the right to appeal under Chapter 275.
(3) When the CAO, court of common pleas or the DRS approve a waiver of the cooperation requirement based on a claim of good cause, the DRS will not attempt to establish paternity or obtain support.
(4) When good cause is determined to exist, the Department will review the circumstances upon which the good cause determination is based, at least every 6 months. If the good cause waiver was granted based on verification, no additional verification is required if circumstances have not changed since approval of the initial waiver.
[Pa.B. Doc. No. 10-986. Filed for public inspection May 28, 2010, 9:00 a.m.]
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