[32 Pa.B. 6401]

[Continued from previous Web Page]

[  ]  Sanctions for Failure to Comply with RESET Requirements

   A mandatory RESET participant who willfully 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, shall be disqualified from receiving cash assistance.

   The period of the sanction is:

First occurrence  -  30 days or until the individual is willing to comply with RESET, whichever is longer.

Second occurrence  -  60 days or until the individual is willing to comply with RESET, 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 budget 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 individual 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 entire budget group is subject to durational sanctions.

   The Department has opted not to impose a sanction on Medicaid benefits for recipients who fail to comply with work and work-related activity requirements.

   12.  Supporting Employment with Child Care

   The Department 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 recognizes the need to strengthen the existing line of communication between the local CAOs and the local County Children and Youth Agencies (CCYAs). A workgroup developed a set of inter-agency protocols to coordinate efforts to serve mutual clients. The process eliminates development of conflicting service plans and eliminates the possibility of conflicting program requirements. The protocols require that the activities outlined on the AMR, prepared in the CAOs, should be coordinated with the Family Service Plan that is prepared at the CCYA. All 67 CAOs and CCYAs implemented 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, CAOs are required to contact CCYAs 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 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 Department will furnish the current address of a recipient to a Federal, State or local law enforcement officer who certifies that the location or the apprehension of the recipient is within his official capacity.

   However, the Department will furnish the address only on the request of the officer and only if the officer furnishes the Department with the name of the recipient and states that the recipient is fleeing to avoid prosecution, or custody, or confinement after conviction for a felony or high misdemeanor under State law, or the recipient has information that is necessary for the officer to conduct his 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.

   16.  Reductions of Out-of-Wedlock Births

   The Department, through its Office of Social Programs, is the agency responsible for services that can reduce out-of-wedlock births. This reduction is being addressed from two perspectives:

*  Provision of family planning services for low-income families without regard to income for those who are 16 and 17 years old; within Department of Health under Federal funding through Title V of the Maternal and Child Health (MCH) Block Grant to teens under age 16.

*  Abstinence education for adolescents with family incomes less than 185 percent of the FPIGs. The 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. The primary target populations are youth, males and females, 9-14 years of age.

In Federal Fiscal Year 2003-2004, the Department intends to provide funding to implement up to 28 new community-based AERS projects and up to ten new AERS Planning Projects. These projects will be selected through a statewide competitive bid process. The projects will provide abstinence education and related services to children and adolescents in a variety of settings. When appropriate, related services include: mentoring, adult supervision and counseling. Community-based AERS projects that address at least one of the following subcategories will be given greater funding consideration: 1) the disparities in pregnancy and birth rates experienced by black and Hispanic youth or 2) children with special health care needs.

In addition, the Department proposes, through the use of TANF dollars, to 1) fund three regional Health Trainings for Physicians and other health professionals, 2) plan and implement an annual youth development event and, 3) continue to implement an abstinence education curriculum, that is culturally and linguistically sensitive to Hispanic youth, at eight Bi-lingual Learning Centers located in areas of the State with large populations of Hispanic youth who are at risk for premature sexual activity, early teen pregnancy and other high-risk behaviors. The Department will also use MCH Block Grant to promote parent education by offering child and adolescent development training sessions.

A statewide media campaign continues to raise public awareness of the benefits of abstinence, the potentially negative consequences of early teen pregnancies and the central role of parents as the primary educators of their children regarding sexual matters. The Department solicited the input of youth focus groups to assist in the design and development of a media campaign aimed at youth in the primary target population. The youth focused ''W8'' (WAIT) media campaign resulted from this effort. Incentives such as a strobe light key chain, tee shirt and CD cases are currently being distributed to encourage youth to choose to wait to have sex.

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. In 1998, there were 47,803 out-of-wedlock births, of which 13,454, or 28.1 percent, were to women 19 years of age or younger. In 1999, there were 47,596 out-of-wedlock births, of which 13,311, or 28 percent, were to women 19 years of age or younger. In 2000, there were 47,593 out-of-wedlock births, of which 12,925, or 27.2 percent, were to women 19 years of age or younger. In 1998, Pennsylvania reduced its number of out-of-wedlock births by 28.1 percent, exceeding its set goal of a 28.15 percent reduction in out-of-wedlock births.

   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 Department 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. In fiscal year 2001-2002 Prevention Education Programs were presented in 67 of Pennsylvania's counties. 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 video about issues of sexual violence awareness and prevention, 4) a brochure to provide hands-on information to teens on sexual violence, 5) a music CD of songs about teens in various relationship situations and 6) 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 exercised the Federal TANF option to certify that it will screen for and identify victims of domestic violence. Since 1997, the Department 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 individual 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 CAOs. These items may be dispensed by the caseworker or placed in areas of the CAO such as the women's restroom for discreet access. Four different domestic violence awareness posters are also available for posting in the CAOs. One of the posters specifically explains that the requirements for work, child support and minor parents may be waived temporarily for those who are or have been victims of domestic violence. In addition, the Common Application Form includes a tear-out sheet explaining domestic violence, good cause and the possibility of being temporarily excused from certain program requirements.

   The Department has also revised 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.

   19.  Link with Medicaid

   TANF eliminated the automatic granting of Medicaid 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, TANF cash recipients will continue to receive Medicaid 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 has instructed caseworkers to: 1) determine Medicaid eligibility when closing a cash case; 2) authorize extended Medicaid as appropriate; 3) issue a notice of Medicaid eligibility when closing a cash case; and 4) determine Medicaid eligibility when rejecting a cash application. Also, computer enhancements have been developed to: 1) flash warning messages to remind caseworkers to review Medicaid when rejecting or closing a cash case; and 2) open automatically cases for extended Medicaid based on closing codes. These enhancements are supported by supervisory review and management monitoring of every cash case closing when an immediate opening of Medicaid does not occur.

   The Department works with the Pennsylvania Department of Insurance to develop and maintain a joint application for the Children's Health Insurance Program, the AdultBasic Program and the Medicaid Program, which streamlines the application process for individuals and families.

   Pennsylvania also has engaged in several outreach efforts to support the aforementioned operational initiatives. For example, stuffers including the Healthy Babies/Healthy Kids Hotline number, are included with every system-generated closing or application rejection.

   Pennsylvania has a continuing commitment to provide families with the Medicaid coverage to which they are eligible.

   20.  Food Stamp Outreach

   Pennsylvania recently agreed to join with the United States Department of Agriculture 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. The Department also plans to work with the Nutrition Education Network to tap their expertise in the development of a comprehensive outreach plan.

B.  SPECIAL PROVISIONS

1.  Time-Out Initiative

   The Department incorporated a segregated State-funded program in the FY 2001-2002 budget, known as the Time-Out Initiative. This initiative encourages early participation in work and/or other employment-related activities by providing incentives for families that exceed minimum work participation requirements. In addition, the Time-Out Initiative provides incentives to families who are addressing barriers to self-sufficiency by working towards goals for self-sufficiency that are tailored to their individual needs and situations. By segregating State funds from Federal TANF funds, individuals who otherwise qualify for TANF may receive cash assistance under the segregated state-funded program that does not count towards the 60-month lifetime limit (42 U.S.C.A. § 609(a)(7)(B)(i)).

   In accordance with 42 U.S.C.A. § 609(a)(7)(B)(i) and subject to the availability of resources, the Department intends to provide funding included in the FY 2002-2003 budget for the Time-Out initiative.

   Time-Out from the 60-month time limit may be granted to individuals in the following groups if all other TANF eligibility criteria are met:

Working

*  A recipient who is working 30 hours per week in paid subsidized or unsubsidized employment;

OR

*  A two-parent family, working in paid employment a combined total of 55 hours per week;

OR

*  A self-employed recipient working at least 30 hours per week, (self-employed individuals must demonstrate they are working the functional equivalent of 30 hours per week at minimum wage);

OR

*  A recipient who is working at least 20 hours per week in paid subsidized or unsubsidized employment or paid work experience and is also engaged in approved employment and training activities so that the total work plus education/training hours per week equals or exceeds 30;

OR

*  A two-parent family in which one parent is incapacitated and the other parent is working at least 30 hours per week or is working at least 20 hours per week and engaged in employment and training activities as defined above.

NOTE:  The approved employment and training activities may include GED, English-as-a-Second-Language (ESL) and post-secondary education.

Early Engager

*  To be considered an early engager, a recipient must have completed the required eight-week initial job search, unless the recipient is excused from completing an initial job search because he has been granted good cause or is an exempt volunteer;

AND

*  Begins a contracted or otherwise Department-approved Employment and Training program for at least 30 hours per week in the first 12 months of cash assistance;

OR

*  Is enrolled in a post-secondary educational activity defined as full-time by the college, university, or institution in the first 12 months of cash assistance.

NOTE:  The employment and training activity may include GED or ESL classes. However, participation in GED or ESL services alone is not sufficient to qualify under this criterion.

Exempt Volunteer

*  A recipient who is exempt from participating in work or work-related activities due to a verified physical or mental disability;

AND

*  Who participates in the Maximizing Participation Project (MPP). The MPP is an initiative that is designed to assist TANF recipients reach their potential through intensive case management and the provision of services that are deemed necessary to improve their lives and the lives of their children. This project employs a team-centered approach to developing a services plan that fosters self-sufficiency in clients who experience or have experienced physical or mental illnesses. Members of this team, in addition to the CAO caseworker, may include knowledgeable professionals from partnering agencies and offices.

Kinship Caregiver

*  A non-parental caretaker who has received 24 months or more of cash assistance for himself/herself and a related minor dependent child, or has care and control of a related minor dependent child as a result of court-ordered placement by Children and Youth Services;

AND

*  Is not receiving cash assistance for children of his/her own;

AND

*  Is meeting the minimum 20-hour weekly work requirement, is exempt or has good cause for not meeting work requirements.

Victim of Domestic Violence

*  An individual who has been identified as a victim of domestic violence.

   Eligibility for participation in the Time-Out initiative is limited to those families who meet the income, resource, and non-financial eligibility factors associated with the TANF program. Individuals eligible for Time-Out under the Working, Early Engager, or Exempt Volunteer criteria may qualify for 12 months of Time-Out in a life time.

   Victims of domestic violence may receive a Time-Out for six months with an additional six months if the need still exists. Victims of domestic violence may receive up to 12 months of Time-Out under this criterion and an additional 12 months of Time-Out under the Working, Early Engager or Exempt Volunteer criteria if they qualify. Kinship caregivers may receive Time-Out indefinitely as long as they meet the criteria specified above under the ''Kinship Caregiver'' heading. The limit on the number of months a person may receive Time-Out applies regardless of whether the months are consecutive.

   An individual may receive Time-Out under one criterion and later receive Time-Out under another criterion, as long as the combined periods do not exceed the 12-month lifetime limit (excluding kinship caregivers and victims of domestic violence). For example, an individual may receive Time-Out for four months while participating in a contracted employment and training program. He/she begins unsubsidized employment for 30 hours per week and continues to receive Time-Out for eight months, the balance of the 12-month period.

   This initiative meets TANF purpose number one--provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives, and TANF purpose number two--end dependence of needy parents on government benefits by promoting job preparation, work and marriage.

   2.  Extended TANF Cash Assistance

   Pennsylvania's provision for receipt of TANF beyond the 60-month Federal time limit is known as Extended TANF. Regulations at 42 U.S.C.A. § 608(a)(7)(C) and 45 CFR § 264.1(c) give states the option to extend TANF beyond the 60-month limit to families that have a hardship as defined by the State or include an individual who has been battered or subjected to extreme cruelty (domestic violence). The number of families that may receive Extended TANF is limited to 20 percent of the average monthly number of families receiving TANF during the current or preceding fiscal year. Pennsylvania is exercising this option.

   Anyone who has exhausted 60 months of TANF may qualify for Extended TANF if they meet applicable eligibility requirements. The Department allowed for an Extended TANF contingency period from March 2002 through October 2002, because the final Extended TANF regulations were not published until October 12, 2002 (32 Pa.B. 5048). During the contingency period, TANF families who exhausted the 60-month time limit automatically continued to receive cash assistance, if otherwise eligible, without having to apply for Extended TANF. The number of families eligible for Extended TANF during the contingency period did not exceed the 20 percent average monthly caseload.

   The Extended TANF program was implemented on October 28, 2002. TANF families who exhaust the 60-month time limit or who were granted Extended TANF during the contingency period are required to apply for Extended TANF cash assistance and meet eligibility requirements, as defined below. Among those who may qualify for Extended TANF are:

*  Recipients who are exempt or have good cause for not meeting the work requirements;

*  Recipients who are required to meet the work requirements and are not working or working less than 30 hours per week; and

*  Recipients who are victims of domestic violence.

   Families who exhaust the TANF time limit and have their cash assistance discontinued may apply for and receive Extended TANF at a future time, if they are otherwise eligible.

   3.  Families Entering Pennsylvania from Another State

   In light of the decisions below, no regulation will be promulgated to implement 62 P. S. § 432(5)(ii).

   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 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 Court denied Pennsylvania's Petition for Certiorari seeking review of the Third Circuit's decision in Maldonado.

   4.  Treatment of Noncitizens

   Pennsylvania is exercising the options available in Title IV of PRWORA to continue or to authorize TANF benefits for non-citizens who are ''qualified aliens,'' as defined by PRWORA, and who meet all other eligibility requirements.

   5.  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 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 and point-of-sale devices to electronically deliver cash assistance and food stamp benefits throughout the Commonwealth.

   6.  Right to Appeal

   Pennsylvania will continue to follow the appeal and fair hearing regulations and procedures consistent with 55 Pa. Code Chapter 275.

   7.  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.

VII  OFFICE OF CHILDREN YOUTH AND FAMILIES AMENDMENT

A.  Other State Programs and Services Designed to Meet the Purposes of TANF

   1.  General Relationship to TANF Purposes

   TANF provides states the flexibility to develop and implement innovative approaches to address TANF purposes. Therefore, effective October 1, 1999, the Department, through the Office of Children, Youth and Families (OCYF), county children and youth agencies (CCYAs) and juvenile probation offices (JPOs) has operated a segregated TANF Federally-funded program. The segregated TANF Federally-funded program is reasonably related to the TANF goals of providing assistance to needy families so that children may be cared for in their own homes or in the homes of relatives, preventing and reducing the incidence of out-of-wedlock pregnancies, and encouraging the formation and maintenance of two-parent families. These goals will be promoted through the provision of services described under sections 2 and 3 below. Services are also provided in any manner that Pennsylvania was authorized to use funds received under Title IV-A or Title IV-F of the Social Security Act, as such titles were in effect on September 30, 1995, including as specified in Section V.

   2.  Family Preservation, Reunification and Support Services Designed to Promote TANF Purposes.

   The services listed in this section are provided as non-assistance services to needy families. The services listed in this section are reasonably related to the goals of assisting needy families so that children may be cared for in their own homes or homes of relatives including children placed in the homes of relatives, encouraging the formation and maintenance of two-parent families and preventing and reducing the incidence of out-of-wedlock pregnancies, i.e., TANF purposes 1, 3 and 4. These services are intended to break the cycle of social, emotional and economic dependency by providing the necessary interventions, supports and services to families experiencing various forms of crises and dysfunction, e.g. substance abuse, lack of parenting skills, marital/relationship problems. The provision of services identified in this section will enable families and children to develop the skills and supports necessary to overcome their problems in functioning, thereby providing them with a stable foundation upon which additional competencies related to permanent and stable relationships and responsible parenting can be built. Stable relationships and responsible parenting skills are essential for creating an environment in which two-parent families can continue to exist or come into existence. The existence of stable relationships and responsible parenting skills is also essential to breaking the cycle of out-of-wedlock pregnancies.

   The following family preservation, reunification and support services are provided or arranged for families and for children residing in their homes (and for children who are temporarily in foster care and who are expected to return to the home within the temporary absence period established by the State) by OCYF, CCYAs or JPOs, as determined necessary and appropriate. The services are provided as non-assistance services to assist needy families. For purposes of this section, ''needy'' is defined as having a household income of less than 400 percent of the Federal poverty level.

*  Parent/Child Visitation

*  Intensive Family Preservation Services

*  Casework/Case Management Services

*  Diagnostic and Assessment Services

*  Family Support Services including Respite Care

*  Family Centers

*  Counseling Services

*  Parenting and Home Management Services

*  Independent Living Services

*  Preventive Services focused on promoting family stability and responsible behavior of individuals and reducing economic dependence

*  Delinquency Prevention/Remediation Services

*  Day Treatment and Protective Day Care Services

*  Non-Medical Substance Abuse Services

*  Other In-home Services

*  Programs Promoting Responsible Fatherhood

*  Adoption Services

   3.  Services Provided to Dependent and Delinquent Children Who Have been Placed into Residential Care

   TANF funds may be used to pay for services as authorized in the approved Title IV-A State Plan in effect as of September 30, 1995.

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 Mark Schweiker

   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.

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 TANF Program 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 2002 and Future Years

1st	2nd	3rd	4th
Quarter	quarter	quarter	quarter
25%	25%	25%	25%

[Pa.B. Doc. No. 02-2326. Filed for public inspection December 27, 2002, 9:00 a.m.]

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