ALABAMA
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
STATE PLAN RENEWAL
OCTOBER 1, 2011 - SEPTEMBER 30, 2013
STATE DEPARTMENT OF HUMAN RESOURCES
NANCY T. BUCKNER
Commissioner
ROBERT BENTLEY
Governor
Table of Contents
Page
I.
II.
Mission, Vision and Values
1
A. Mission
1
B.
Vision
1-2
C.
Values
2
General Provisions
2
A. Overview
2-3
B.
Time Limited Assistance
3
C.
Noncompliance with Program Requirements
3-4
D. Payment Accuracy and Program Integrity
4-5
E.
Civil Rights Compliance
5
F.
Program Descriptions
5-6
G. Work Program Requirements, Activities, Definitions and Displacement Provisions
1. Requirements and Activities
2. Definitions
3. Displacement Provisions
6-10
6-8
8-10
10
H. Participant Confidentiality
10-11
I.
J.
III.
Programs/Activities to Strengthen Families and Prevent and Reduce the Incidence
of Out of Wedlock Pregnancy
11-12
Education and Training Initiatives on the Problem of Statutory Rape
12-13
Special Provisions
13
A. Treatment of Families Moving to Alabama from Another State
13
B.
13
Citizenship and Noncitizen Eligibility
i
C.
General Guidelines and Stipulations
13
1. Financial Responsibility for Program Benefits
2. Summarized Eligibility Rules
3. Medical Services
13-14
14
14
D. Delivery of Benefits
15
E.
Notice and Timely Action
15
F.
Client Opportunity for Review of Action Taken
15
G. Screening and Identification of Domestic Violence
15
H. Eldercare Workforce Initiative
16
IV.
Public Involvement
16
V.
Certifications
16-18
VI.
Funding
19
VII.
Attachments
A. Organization Chart
B.
Work Participation Deferral Criteria and Special Circumstances Delay Criteria
C.
Good Cause for Noncompliance with JOBS Activities
D. Good Cause for Noncooperation in Child Support Activities
E.
Income and Resource Standards
F.
Time Limit Extension Criteria
G. Alabama Campaign to Prevent Teen Pregnancy
ii
ALABAMA
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
STATE PLAN RENEWAL
I.
MISSION, VISION AND VALUES
A. Mission
The mission of the Temporary Assistance for Needy Families Program, known as the
Family Assistance Program (FAP) in Alabama is to encourage the care of children in
their own homes or in the homes of relatives by furnishing temporary financial
assistance and services to needy families with children so as to: provide a reasonable
subsistence compatible with decency and health as far as practicable under the
conditions in the State; help maintain and strengthen family life; and help such parents
or relatives to attain or retain capability for the maximum self-support and personal
independence consistent with the maintenance of continuing parental care and
protection.
B.
Vision
The statutory purposes of TANF are the cornerstone of the program vision we have for
Alabama’s families. That vision is expressed in the following primary objectives:
-
Increase Personal Responsibility
Alabama public assistance policy reflects the expectation of responsible behavior by
parents. Public assistance policy supports the formation and maintenance of twoparent families and the prevention and reduction of out of wedlock births.
-
Target Support
Parents are primarily responsible for supporting their children. Child support is the
“stepping off” point for families requesting help. Families should have the
opportunity and responsibility to support their children before seeking public
governmental support.
-
Encourage Self-Sufficiency
Beginning with the first agency contact, cash assistance is presented as a temporary
remedy and self-sufficiency through employment is emphasized. The administrative
structure focuses on outcomes for families rather than simply efficient technical
processes, i.e., the structure must support personal and parental responsibility.
Guidelines in department program manuals and staff training continues to ensure the
program philosophy to support work and self-sufficiency.
-
Optimize Agency Resources
The administration of agency programs must maintain the highest standards of
integrity and fiscal accountability. There must be clear expectations of all levels of
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administration as well as of the clients we serve. There will be fair and objective
methods to measure performance against those expectations.
C.
-
Involve Communities in the Solution
County developed community involvement plans will educate citizens on the
population served and ways to offer extra-agency support. Local agreements
between the public and private sector, to include community based and religious
organizations will maximize rational and compassionate efforts and resources to
promote self-sufficiency to assist families in avoiding or leaving welfare. Existing
community JOBS Task Forces will play a key role in helping families gain
independence.
-
Protect Children
The agency has a responsibility to design and administer programs with the
essential integral goal of protecting children.
Values
The overall values of the Department are equally applicable to the Family Assistance
Program as they reflect a general approach to service. These values are as follows:
II.
-
Integrity
We are dedicated to act in a manner that merits the trust of out clients, stakeholders,
and fellow employees.
-
Respect
We believe every individual has worth and potential and is deserving of being
treated with dignity
-
Commitment
We are dedicated to providing the highest quality services and support to our clients.
-
Accountability
We are responsible for the policies, standards, and decisions that frame our service
to our clients.
GENERAL PROVISIONS
A. OVERVIEW
The State will conduct the Family Assistance Program designed to serve all political
subdivisions in the State (not necessarily in a uniform manner) to provide assistance
and/or services to needy families with children through County Departments of Human
Resources located in the 67 counties in Alabama. Activities of these offices related to
the Family Assistance Program include: accepting and processing applications for
assistance; and as appropriate conducting reviews and redeterminations of eligibility,
3
providing child support enforcement services and managing a program of work activities
and requirements.
The Family Assistance Program has four components:
- Temporary Cash Assistance (limited to 5 years)
- TANF Emergency Assistance (formerly EA) known as TANF EA
- TANF (Direct) Child Welfare
- Special Projects
Financial thresholds are provided for each in Attachment E.
general descriptions are in Section F below.
Program component
Program operating guidelines which include all policies, procedures, etc., for the
determination of initial and continuing eligibility for each program will be issued to the
County Departments of Human Resources from the State Department of Human
Resources as needed. Such operating guidelines contained in department program
manuals or other correspondence is binding on the County Departments of Human
Resources. See Attachment A.
B.
TIME LIMITED ASSISTANCE
The Family Assistance Program will provide cash assistance pursuant to 45 CFR 260.31
on a time limited basis (time limit is 5 years) consistent with provisions in section 408,
Part A, Title IV of the Social Security Act (and supportive services to enable families to
become self-sufficient) to eligible families. In order to receive past 60 months the
grantee or spouse of the grantee must have a circumstance/situation which creates a
barrier to self sufficiency known as a hardship and s/he must be cooperating with child
support and complying with JOBS as appropriate. See Attachment F.
C.
NONCOMPLIANCE WITH PROGRAM REQUIREMENTS
1. Work Program-The parent(s) and/or stepparent(s) of a dependent child(ren) receiving
assistance are required to participate in work activities designed to result in gainful
employment unless the parent(s)/stepparent(s) is deferred or has good cause for not
participating as specified in department program manuals. See Attachments B and C.
The penalties for failure to comply are as follows:
Applicants:
Upon overt refusal of the grantee relative or other member(s) of the assistance unit
required to participate in JOBS activities, the application will be denied and entitlement
to benefits for the month of application through the month of application disposition is
lost even if reapplication is made in the month of the original application disposition.
Recipients who have received for less than 24 months:
For the first three months of non-compliance (consecutive or not), the grant amount is
reduced by 50% of the payment standard for the assistance unit size. For a month of
non-compliance in excess of three months, the assistance unit is disqualified for a one4
month period for the first disqualification. For a month of non-compliance following the
first disqualification, the assistance unit is immediately disqualified for a six-month
period. For a month of non-compliance following the second and subsequent
disqualifications, the assistance unit is immediately disqualified for a twelve-month
period.
Recipients who have received for 24 months or more or who voluntarily terminate
employment or refuse employment without good cause (regardless of the number
of months or receipt of assistance):
The assistance unit is immediately disqualified for a one-month period for the first
instance of non-compliance; a six- month period for the second instance of noncompliance and a twelve-month period for the third and subsequent instances.
2. Child Support Enforcement Program-Individuals receiving assistance are required to
cooperate in child support enforcement activities unless good cause as defined in
department program manuals exists not to do so. See Attachment D. The penalties for
failure to cooperate are as follows:
Applicants:
Upon overt refusal of the grantee relative or other member(s) of the assistance unit
required to cooperate with child support enforcement, the application will be denied and
entitlement to benefits for the month of application through the month of application
disposition is lost even if reapplication is made in the month of the original application
disposition.
Recipients:
For the first three months of non-cooperation (consecutive or not) the grant amount is
reduced by 50% of the payment standard for the assistance unit size. For months of
non-cooperation in excess of three months, the assistance unit is disqualified for a onemonth period for the first disqualification. For a month of non-cooperation following
the first disqualification, the assistance unit is immediately disqualified for a six-month
period. For a month of non-cooperation following the second and subsequent
disqualifications, the assistance unit is immediately disqualified for a twelve-month
period.
D. PAYMENT ACCURACY AND PROGRAM INTEGRITY
The program is supported by an automated system known as the Family Assistance
Certification, Employment and Training System (FACETS) operational in all counties
of the State. An Income and Eligibility Verification System (IEVS) as required by
Section 1137 of the Social Security Act for persons receiving assistance is operational in
all counties of the State.
Methods are in place to ensure payment accuracy to eligible families which includes
mandatory case record reviews by county office supervisory staff with a re-review of a
sample of those records by state office field supervisors. Identified deficiencies require
corrective action. State statistics about payment accuracy are published to the Directors,
County Departments of Human Resources monthly. Payment accuracy is a component
of County Director evaluations. The state is subject to Federal and State Audits.
5
Program operating guidelines contain provisions to strengthen and maintain program
integrity from fraud prevention actions to recovery of erroneously paid benefits. Benefit
recovery activities are supported through the Comprehensive Claims System (CCS)
which interfaces with the program certification system, FACETS. Individuals found
guilty of committing an intentional program violation by a court of competent
jurisdiction in Alabama will be disqualified from participation in the cash assistance
component of the Family Assistance Program as follows: for a period of 6 months upon
the first occasion of any such offense; or a period of 12 months upon the second
occasion of any such offense and permanently upon the third or subsequent occasion of
such offense.
E. CIVIL RIGHTS COMPLIANCE
The Family Assistance Program, like all programs and services of the Department of
Human Resources, is administered in full compliance with Title VI of the Federal Civil
Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990 and all other Federal and State civil rights laws.
Language assistance so as to ensure meaningful access to all Department programs,
services and benefits is provided to individuals needing such services consistent with the
Department’s Language Assistance Plan first issued on August 24, 2005.
Reasonable accommodations are provided to enable full use of existing programs and
services to those individuals who tell us (or for whom we determine) they have a
physical, mental or learning disability that limits a major life activity. Client case action
notices provide information about the availability of reasonable accommodations.
Departmental program operating manuals for the TANF Program contain guidelines for
county staff in this regard as well as information about language assistance.
F. PROGRAM DESCRIPTIONS
Program descriptions for the components of the Family Assistance Program are as
follows:
Cash Assistance: Financial assistance to meet basic needs is available to a family with a
dependent child under age 18 or under age 19 if s/he is a full time student in a secondary
school or in the equivalent level of vocational or technical training and whose income
does not exceed established agency standards and who are otherwise eligible. Non
parent adult caretaker relatives may not be included in the Family Assistance unit.
Funding Source: Federal Funds.
TANF EA (Formerly AFDC-EA with provision date of August 21, 1996): Assistance
with paying for shelter or other emergency living expenses and (non-assistance) services
which include information and referral, case planning and case management, counseling
and other support activities to normalize family functioning to or on behalf of a needy
child 1) who is under the age of 21 and to any other member of the household in which
6
he is living provided that such child is (or, within 6 months prior to the month in which
such assistance is requested, has been) living with any of the relatives specified in
section 406(a) (1) of the Act and further clarified in 45 CFR 233.90(c)(1)(v) in a place
of residence maintained by one or more of such relatives as his or their own home; 2)
who has been removed from his/her home or is at risk of such removal and 3) whose
emergency did not arise from his refusal or refusal of such relative with whom he lives
without good cause to accept employment or training for employment.
Funding Source: Comingled State and Federal Funds.
TANF Direct Child Welfare: Non-assistance expenditures for payment of specific
services for department child welfare cases such as counseling, case management, peer
support, childcare information and referral, transitional services or other non-recurrent,
short-term benefits to meet a specific crisis situation that will not extend beyond four
months. It cannot be used to meet a family’s ongoing basic needs or for maintenance
expenses that exceed four months. An individual is certified if that individual meets
either of the following: 1) a child resides in his/her own home; 2) a child is in out-ofhome placement and has a permanency goal to remain at home, return home, or live
permanently with relatives.
Funding Source: Federal funds.
Special Projects: 1. Eligible Families: Assistance and non-assistance expenditures for
services including information and referral to needy parents/families such as short-term
non-recurrent benefits, day care, transportation and work and training services and pro
family activities expected to prevent and reduce the incidence of out of wedlock births
as well as encourage the formation and maintenance of healthy two parent families
including after school activities for teens, fatherhood and healthy marriage initiatives,
literacy programs and domestic violence/drug abuse/prevention/education programs.
Financial criteria are found in Attachment E. Additional non-financial criteria, if any,
are dependent on the project plan.
2. Pro Family Activities For Other Than Eligible Families: Nonassistance in the form of non-federal cash and in kind qualified expenditures by third
parties for individuals and families pursuant to 45 CFR 263.2(a) (4) (ii) as well as the
Departmental service of information and referral. Program specifics including nonfinancial eligibility criteria, if any, are contained in written agreements/contracts
between the Department of Human Resources and the third party and in project plans as
applicable. Projects provided may not be available on a statewide basis but will be
provided as determined appropriate by the state.
Funding Source: Eligible Families: Commingled State and Federal funds; Federal funds
dependent on the project; State MOE; Pro-Family Activities for other than Eligible
Families: Federal funds; State MOE.
G. WORK PROGRAM REQUIREMENTS, ACTIVITIES, DEFINITIONS AND
DISPLACEMENT PROVISIONS
1. Requirements and Activities
7
The State will operate a welfare work program in compliance with Section 407 of Title
IV-A of the Social Security Act and consistent with Alabama’s approved Work
Verification Plan. All parents/stepparents, including teen parents, who are receiving
assistance are referred to the JOBS Unit for assessment in regard to their skills, prior
work experience and employability. The assessment process includes screening for
disability and language assistance needs. An Individual JOBS Participation (IJP)
and Family Responsibility Plan (FRP) will be developed for these individuals.
Individuals determined to be ready to engage in work will be immediately placed in
work or work-related activities for up to 40 hours per week. After receipt of
assistance for 24 months, all individuals not already participating in such activities
will be required to engage in work activities, as defined in state policy.
The FRP is developed jointly by the FA grantee relative and the JOBS case manager.
It outlines the responsibilities of the FA grantee in regards to the participation of all
required family members and includes a copy of the IJP for each required family
member. The IJP outlining work activities, supportive services and other family
needs is developed jointly by the recipient and the JOBS case manager. Support
services such as childcare, transportation, and work/participation expenses will be
made available as needed to enable recipients to participate in work or work-related
activities. The individual will receive reimbursement or payment of agreed upon
expenses directly related to participation in such activities. Each recipient will be
informed of the work requirements, what constitutes noncompliance, and the
sanctions for non-compliance. If a recipient refuses or fails to cooperate with work
requirements as set forth in his/her IJP, the family’s benefits will be reduced or
terminated as set forth in state policy unless good cause for the non-compliance, as
defined in state policy, is established. No sanction for failure to work or participate
in work-related activities will be imposed on any single custodial parent caring for a
child under age 6 if the individual proves that s/he has a demonstrated inability to
obtain needed child care.
Each non-deferred recipient will be placed in a work-related activity consistent with
his/her IJP. Work activities may include:
Subsidized/Unsubsidized employment
On the job training
Job Search
Job Readiness Activities
Community Employment Placement (work experience)
Vocational education activities
Job skills training
Satisfactory attendance in high school or a course of study leading to a GED
Education directly related to employment
8
For the duration of the recipient’s involvement in work activities, the JOBS case
manager will monitor component participation and provide assistance to participants
with any problems or barriers.
Individuals who agree to treatment programs for drug, alcohol, or mental health reasons
may be temporarily deferred from a work activity when the person is making a serious
attempt to recover. Domestic violence victims will be deferred from a work activity
when they are at risk of endangerment.
2. Definitions
a. Unsubsidized Employment: This is paid employment for either wages or
salary where no part of the pay is subsidized by TANF or any other public
programs. In order to be countable under federal requirements the employment
must be equal to an average of 30 or more hours per week.
b. Work Experience:
In Alabama this activity is called Community
Employment or CEMP. CEMP is a work activity, performed in return for
welfare that provides an individual with an opportunity to acquire the general
skills, training, knowledge, and work habits necessary to obtain employment.
Placements are designed to help prepare the client to obtain unsubsidized
employment by allowing him/her to develop a current work history and
establish references for future employment seeking efforts as well as develop
and improve marketable skills. Placements will be in both non-profit and forprofit businesses. Placement in for-profit businesses will have shorter time
frames (maximum of three months) than placements in non-profit businesses
(maximum of six months).
c. On-the-Job-Training: In this component a public or private employer hires the
TANF client full-time where part of the wages are subsidized, usually by a
governmental entity such as Department of Labor. While employed in the OJT
position, the client engages in productive work while receiving training in
knowledge and skills essential for adequate job performance. The client is
compensated at a rate comparable to that of other employees performing the same
or similar jobs, but at no less than minimum wage.
d. Job Search and Job Readiness:
1. Job Search is assigned in increments lasting no more than two weeks. The
client is expected to complete a number of serious contacts with potential
employers and must also register with the Employment Service. The daily
number of required contacts is determined by the case manager based on the
client’s specific circumstances and the geographic area. The case manager will
randomly contact employers turned in as job contacts to verify that an
application was submitted and/or an interview was conducted.
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2. Job Readiness is an intensive, short-term component, consisting of formal
classroom training designed to prepare the client for successfully seeking and
maintaining employment. Activities focus on pre-employment preparation and
are aimed at helping the client overcome barriers that might preclude
employment. Typical activities include application completion, interview
skills, ways to locate job openings, general workplace expectations, and the
behaviors and attitudes necessary to compete successfully in the labor market.
This activity also includes substance abuse, mental health and rehabilitation
counseling for clients who are otherwise employable.
e. Vocational Educational Training: This is organized educational programs that
are directly related to the preparation of individuals for employment in current or
emerging occupations requiring training including a baccalaureate or advanced
degree. These courses should provide individuals with technical skills and
academic knowledge needed for success in current or emerging employment
sectors. It also includes any formal instruction in a skill or trade traditionally
referred to as job skills training, determined by the JOBS staff to be other than
purely academic in nature, that prepares the client for a vocation. For example,
technical programs designed to prepare a client for a specific occupation,
including nursing, plumbing, electrical, auto mechanics, welding and barbering.
The training is limited to education that leads to useful employment in a state
recognized occupation.
Training is available to clients through WIA,
vocational/technical schools and some colleges and universities. Training includes
courses for any state licenses, certificates, and/or degrees.
f. Job Skills Training Directly Related to Employment: This is training or
education for job skills required by an employer to provide an individual with the
ability to obtain employment or to advance or adapt to the changing demands of
the workplace. It includes training or education required as a prerequisite for
employment or to advance or adapt to changing demands of current employment.
Such training and education will be provided through educational and training
organizations. This activity also includes all activities described above as
vocational education and any four-year bachelor’s or advanced degree programs at
any State certified college or university.
g. Education Directly Related to Employment for Individuals with No High
School Diploma or Certificate of High School Equivalency:
This is education related to a specific occupation, job, or job offer. It includes
basic education and ESL, and where required as a prerequisite for employment,
education leading to a GED or high school equivalency diploma in any
educational program approved by the Alabama Department of Education.
h. Satisfactory School Attendance for Individuals with No High School Diploma
or Certificate of High School Equivalency:
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Individuals in this activity must be attending an educational facility with the goal
of achieving a high school diploma or certificate of high school equivalency. In
addition, the student must be considered a “student in good standing”. The student
must have regular attendance and the activity must be considered feasible for the
student.
i. Subsidized Public or Private Sector Employment: This is full-time, paid
employment funded with TANF dollars in the public or private sector. In all
cases, the employer is reimbursed by DHR for the gross wages paid by the
employer to the employee. The subsidy period may be for up to 6 months. In
addition, subsidized public and private sector employment in Alabama may be
provided through college work study programs that meet the guidelines.
3. Displacement Provisions
Pursuant to 45 CFR 261.70, no adult in a work activity as described in 45 CFR 261.30
will be employed or assigned to an employment when any other individual is on layoff
from the same or an equivalent job in the company, or if the employer has terminated the
employment of any regular employee or otherwise caused an involuntary reduction of
the workforce in order to fill the vacancy so created with a recipient of Family
Assistance. Aggrieved individuals may file a written complaint with the Family
Assistance Division, State Department of Human Resources. All complaints are
investigated. Complainants are advised of findings in writing. Corrective action is
taken by the Department as appropriate.
H. PARTICIPANT CONFIDENTIALITY
Pursuant to Code of Alabama Title 38, Section 38-2-6 information/case records of
program participants is considered confidential and shall not be subject to public use or
inspection. The release and disclosure of information about individuals and families
receiving assistance through the Family Assistance Program is limited in scope by the
purpose/program for which it is released/disclosed. Such release/disclosure is only
permissible as follows:
-
in connection with programs operated under Title I - Aid to the Aged; Title IV-A Aid to Families with Dependent Children (AFDC); Title IV-A - Block grants to
States for Temporary Assistance for Needy Families; Title IV-B - Child Welfare
Services; Title IV-D - Child Support and Establishment of Paternity; - Title IV-E Foster Care (FCMP) and Adoption Assistance; Title X - Aid to the Blind; Title XIV
- Aid to the Permanently and Totally Disabled; Title XVI - Aid to the Aged, Blind
and Disabled; Title XVI - Supplemental Security Income (SSI); Title XIX Medicaid; or Title XX - Block Grants.
11
I.
-
in connection with services provided by other entities integral to and consistent with
the administration of public assistance pursuant to state laws under written
agreements with the Department of Human Resources.
-
in connection with the administration of other federal or federally assisted programs
providing assistance in cash, in-kind, or services, directly to individuals on the basis
of need.
-
at the request of state, local or federal law enforcement authorities searching for
fugitive felons or individuals violating a condition of probation or parole imposed
under federal or state law (current address only).
-
in connection with a public audit.
-
in connection with the investigation of problems related to misuse of funds issued by
the Department of Human Resources.
-
at the request of the client under certain limited conditions as specified in
department program manuals.
-
in connection with the investigation of program fraud under certain conditions as
specified in department program manuals.
-
at the request of grand juries.
PROGRAMS/ACTIVITIES TO STRENGTHEN FAMILIES AND PREVENT AND
REDUCE THE INCIDENCE OF OUT OF WEDLOCK PREGNANCY
The Department of Human Resources partners with several state agencies and faithbased and community organizations to form the Alabama Fatherhood Initiative (AFI).
Goals of the AFI are to strengthen families, to enhance child support collections, and to
address the multi-faceted needs of children growing up without the involvement of
natural fathers in their lives. The mission of the AFI is to help non-custodial parents to
achieve these goals by providing counseling, education, short-term skills training and
employment.
In addition, the Department of Human Resources partners with the Children's Trust
Fund of Alabama to competitively award grants to community and faith-based
organizations for fatherhood programs across the state. These programs offer a myriad
of services to non-custodial parents, including parenting classes, male responsibility and
other father involvement services. Also, a Healthy Marriage program is funded through
this partnership.
The Department of Human Resources partners with the Alabama Department of Public
Health which serves all women of child bearing age and the Alabama Campaign to
Prevent Teen Pregnancy (ACPTP) for pregnancy prevention efforts. The mission of the
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ACPTP is to “Provide statewide leadership on the issue of teen pregnancy prevention
through collaboration, education, training, and advocacy; thereby reducing teen
pregnancy and improving the well being of Alabama’s children, families, and
communities” and to further the mission, the ACPTP has adopted priorities. See
Attachment G. for those priorities. Additional information about ACPTP can be found
on their website at www.acptp.org.
Our goal specifically targeting teen pregnancy is to maintain out of wedlock teen births
to at least 5% below the national average as published by the National Center for Health
Statistics.
In regard to the overall issue of out of wedlock pregnancy prevention, as part of the
JOBS Program client assessment the case manager provides discussion and information
about the impact of additional children as it pertains to the goals of personal
responsibility, parenting and family support. Through these discussions it is our goal to
provide individuals with sufficient information and assistance to move families from
welfare to work without additional pregnancies during receipt of assistance and until
such time as the family is stable. These activities in conjunction with our fatherhood and
healthy marriage initiatives provide the foundation for success in this area.
J.
EDUCATION AND
STATUTORY RAPE
TRAINING
INITIATIVES
ON
THE
PROBLEM
OF
The Department of Human Resources has developed and issued pamphlets containing
information regarding the legal definitions and consequences of statutory rape to be
distributed by Alabama Fatherhood Programs administered by the Children’s Trust Fund
of Alabama as part of the educational activities of these programs which are specifically
targeted at non-custodial males. Fatherhood programs now number 23 throughout the
state. Additionally, these materials are used in the educational activities of the Alabama
Campaign to Prevent Teen Pregnancy. Further, these pamphlets are generally available
in Alabama Departments of Public Health statewide. These pamphlets are offered to the
Alabama Departments of Youth Services (DYS) and Education. DYS has used the
pamphlet to raise awareness about the age of an individual's girlfriend in their
educational programs for males prior to their release from the juvenile detention facility
at Mt. Meigs, Alabama. Staff of the Department of Human Resources distributes the
pamphlets as appropriate to individuals applying for or receiving Family Assistance and
in other program areas as deemed necessary.
TANF workers are required to report cases of suspected abuse or neglect to the
appropriate service staff. This activity specifically includes the circumstances of girls
under the age of 16 having sex with males who are at least 16 years old and at least two
years older than the female.
The Department of Human Resources continues its association with the Council on
Violence Against Women. This council whose membership includes judicial, law
enforcement, prosecution, health care, education, social services and mental health
13
representatives, develops the Alabama State Plan, Responding to Domestic and Sexual
Violence, to assist in promoting systemic change and improving responses to victims
and perpetrators of such violence. The State Plan can be viewed at www.acadv.org.
III.
SPECIAL PROVISIONS
A. TREATMENT OF FAMILIES MOVING TO ALABAMA FROM ANOTHER STATE
Families moving into the State from another State will be treated the same as other
families under the program. Therefore, the policies and procedures of the Family
Assistance Program applicable in a county will be applied uniformly to all residents of
the State (County) whether current or new.
B.
CITIZENSHIP AND NONCITIZEN ELIGIBILITY
Citizens and qualified non-citizens are eligible to the extent permitted under federal law,
Title IV of Public Law 104-193, as amended. Recipients must be citizens, qualified
aliens who entered the United States before August 22, 1996, qualified aliens who
entered the United States on or after August 22, 1996 who are excepted from the 5-year
bar or aliens who entered the United States on or after August 22, 1996 and have been in
“qualified alien” status for at least 5 years. Victims of severe forms of trafficking are
eligible for federally-funded TANF benefits to the same extent as refugees. Aliens who
(or whose child or parent) have been battered or subjected to extreme cruelty in the U.S.
are eligible under certain circumstances consistent with Federal law as specified in
program operating manuals. Citizen children of ineligible alien parents are eligible if
otherwise eligible.
C.
GENERAL GUIDELINES AND STIPULATIONS
Eligibility rules of the Department of Human Resources will be uniformly applied in all
cases in a county. The determination of need and amount of assistance for all applicants
and recipients will be made on an objective and equitable basis and all types of income
and potential income will be taken into consideration in the same way except where
otherwise specifically authorized by State or Federal law or the Administrative Code of
the Department of Human Resources or as stated in program operating guidelines issued
by the State Department of Human Resources, Family Assistance Division. The State
will adhere to prohibitions and requirements of Section 408 of Part A of Title IV of the
Social Security Act. Pursuant to subparagraph (B) of Section 408(a)(10) Good cause
exceptions to subparagraph (A) of Section 408(a)(10) include absence due to medical
reasons, school attendance, visits, conducting business, participating in Job Corps or
vocational training.
1. Financial Responsibility for Program Benefits
Financial responsibility for needy children includes parents and stepparents (cash
assistance only) in the home. All income of members of the assistance unit will be
evaluated to determine eligibility of the assistance unit for benefits under the Family
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Assistance Program. Income of parents and stepparents ineligible due to alien status,
disqualification for fraud, exclusion as a parole violator, or for a conviction of a felony
or for fraudulently misrepresenting residence will also be used to determine eligibility if
appropriate and applicable according to department operating manuals or other
instructions. Earned income from new employment may be disregarded for the first
twelve months wages are received if timely and accurately reported and the individual is
otherwise eligible for the disregard pursuant to Family Assistance Program guidelines.
2. Summarized Eligibility Rules
In order to be eligible families must:
- meet component specific conditions including the following if applicable
- be U.S. citizens (or meet alienage requirements in Title IV of P.L. 104-193 and/or be
a legal immigrant residing in the U.S. prior to August 22, 1996).
- be residents of Alabama.
- be in need by agency financial standards. See Attachment E.
- cooperate in self-sufficiency requirements including work and child support
enforcement activities unless deferred from work requirements or unless good
cause exists not to cooperate with child support if applicable.
- provide or apply for a SSN for each member of the assistance unit
- not be on strike (applicable to cash component only)
3. Medical Services
Federal law prohibits the use of federal funds to provide medical services and states that
the term “medical services” does not include pre-pregnancy family planning services. In
addition to pre-pregnancy family planning services for purposes of federal expenditures,
the following activities/services that are consistent with a TANF purpose and related to
employment and/or work participation activities for cash assistance recipients are not
considered medical services:
- pre-employment physical examination by a health professional that does not include
treatment.
- payment to a health professional for completion of Department forms. (Used for
eligibility determinations related to time limits which constitutes an administrative
cost and for work activities).
- payment to a health professional or entity for administration of a pre-employment
drug test or TB test.
- assessment, testing or other determinations of modification by a health professional
needed for reasonable accommodation related to a participant’s incapacity/disability.
Excludes treatment.
- dental services (cosmetic, extractions, filings, etc.) needed to eliminate a barrier to
participation or employment. The service may not be of a surgical or other medical
nature.
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D. DELIVERY OF BENEFITS
Delivery of benefits is dependent on the component program of the FA Program and
includes delivery by Electronic Benefit Transfer (EBT), by vendor payment, cash
payments or provision of services.
E.
NOTICE AND TIMELY ACTION (applicable to cash component only)
Applications will be acted on in a timely manner. Department rules provide that not
more than 30 days shall elapse between the date of application and the date the first
benefits are made available or the notice of denial is mailed. The number of applications
that exceed such standard is kept to a minimum. The standard of promptness is
monitored and reported to County Directors of Human Resources monthly.
Applicants and recipients are notified in writing of actions taken in their case.
F.
CLIENT OPPORTUNITY FOR REVIEW OF ACTION TAKEN
Procedures for client review of case action taken provide for three options for review (1)
a conference with the County Department of Human Resources, (2) a State Department
of Human Resources case record review and (3) a fair hearing conducted by the State
Department of Human Resources. A request for options 2 and 3 must be in writing and
submitted to either the County or State Department. Information about these
opportunities as well as instructions regarding how to request and where to send the
request is provided to clients as general information on all automated system notices
generated and mailed to clients at award, termination or change in circumstances. If a
system notice is not sufficient to explain case action a manually prepared case action
form is completed and mailed which also contains the general information in regard to a
review of case action described above. The summarized eligibility requirements
pamphlet for the Family Assistance Program contains similar language and is required to
be given and explained to all applicants and as needed to recipients during the interview
process. Rules of review for special projects may vary dependent on the project and
would be included in informational materials as appropriate.
G. SCREENING AND IDENTIFICATION OF DOMESTIC VIOLENCE
Procedures are in place through the statewide Special Assessment, Intervention and
Liaison Project (SAIL) for eligibility workers to routinely screen and identify domestic
violence for individuals applying for or receiving cash assistance. JOBS case managers
include questions on domestic violence as part of the JOBS assessment as well. For
those identified as victims of domestic violence, referrals are made to the Alabama
Coalition Against Domestic Violence for a variety of services including development of
a safety plan, information and referral, supportive services, counseling and case
management, etc. Certain program rules are waived for those individuals identified as in
imminent danger and include child support enforcement activities, time limits and work
participation requirements (although the client may volunteer to participate).
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H. ELDERCARE WORKFORCE INITIATIVE
The State does not intend to fund a special initiative for training/employment of
individuals providing direct care in a long term facility or in other occupations providing
eldercare. However, on a case by case basis FA cash assistance recipients can receive
assistance/services while pursuing training/employment to provide such eldercare as part
of their IJP and FRP as discussed in Section II G.1 of the plan. Assistance/services in
this regard include payment for short term training to obtain classification as a Certified
Nursing Assistant (CNA), supplies, uniforms, equipment, etc. Further, the Department
has partnered with a centrally located technical school and Baptist Health to provide
support for a grant to fund such training. If awarded, referrals from our JOBS client
pool can be accepted from 24 surrounding counties.
IV
PUBLIC INVOLVEMENT
Pursuant to Title IV-A, Section 402, Alabama’s TANF State Plan is published and
maintained on the Department of Human Resources website. Written comments on this plan
were solicited and a period of 45 days was provided for such comments. Further Alabama
law at Section 41, Chapter 22 Administrative Procedure, provides for the promulgation of
program rules on requirements to receive assistance. Two of the stated purposes of that Act
are to increase public access to governmental information as well as to increase public
participation in the formulation of administrative rules. The law requires publication of the
referenced program rules for public comment in the Alabama Administrative Monthly for a
period of 35 to 90 days. This rule affords all interested parties reasonable opportunity to
submit data, or arguments, orally or in writing. The publication of the plan on the website and
the proposed program rules process provide for input from other state agencies, public and
private organizations, the general public and other pertinent entities during development and
implementation.
V.
CERTIFICATIONS
The State will operate a program to provide temporary assistance to needy families so that
the 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 encourage
the formation and maintenance of two-parent families.
17
This program is known as the Family Assistance Program
Executive Officer of the State (Name) Robert Bentley, Governor
In administering and operating a program which provides temporary assistance to needy
families with minor children under Title IV-A of the Social Security Act, the State will:
A. Specify which State agency or agencies will administer and supervise the program under
part A in all political subdivisions of the State: Alabama Department of Human
Resources is the agency responsible for administering the programs.
Alabama Department of Human Resources is the agency responsible for supervising the
program.
B.
C.
Assure that local governments and private sector organizations:
1.
Have been consulted regarding the plan and design of welfare services in the State
so that services are provided in a manner appropriate to local populations; and
2.
Have had at least 45 days to submit comments on the plan and the design of such
services.
Operate a Child Support Enforcement program under the State plan approved under part
D;
D. Operate a Foster Care and Adoption Assistance program in accordance with part E, and
certify that the State will take all necessary actions to ensure that children receiving
assistance are eligible for medical assistance;
E.
Provide each member of an Indian tribe, who is domiciled 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 program funded under this part attributable
to funds provided by the Federal Government.
F.
Establish and enforce 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.
G. Screen for and identify domestic violence by establishing and enforcing standards and
procedures to:
1. Screen and identify individuals receiving assistance with a history of domestic
violence while maintaining the confidentiality of such individuals;
2. Refer such individuals to counseling and supportive services; and
3. Waive, pursuant to a determination of good cause, other program requirements such
as time limits (for so long as necessary) for individuals receiving assistance, child
support cooperation requirements and work requirements, in cases where compliance
18
19
VI. FUNDING
A. Payments to Agency Administering the TANF Block Grant
>
B.
Payments under the TANF Block Grant will be made to the Alabama Department of
Human Resources as the organization managing Family Assistance/JOBS programs as
of August 22, 1996.
State Payments for TANF Program
>
Section 405 requires that grants be paid to States in quarterly installments, based on
State estimates. The State’s estimate for each quarter of the fiscal year by percentage
is:
For FY 2011 and Future Years
1st
quarter
2nd
quarter
3rd
quarter
4th
quarter
27%
26%
25%
22%
VII. ATTACHMENTS
Attachment A
Alabama Department of Human Resources Organizational Chart
www.dhr.alabama.gov
On homepage click About Us; Organization
Attachment B
WORK PARTICIPATION DEFERRAL CRITERIA and
SPECIAL CIRCUMSTANCES DELAY CRITERIA
A.
Deferral Criteria
Individuals may be temporarily deferred from the participation requirements of the JOBS
Program if the individual:
1. Is a person in the home whose presence is required on a substantially continuous basis
due to the illness or incapacity, determined on the basis of medical evidence, of a related
individual and no other appropriate individual is available to provide the needed care.
2. Has an illness or injury which is serious enough to temporarily prevent employment or
training with the goal of employment. This includes pregnancy when it is determined
by medical evidence that working or participation in training would be detrimental to
the woman or the unborn child.
3. Is incapacitated with a physical or mental impairment determined by the Department
of Rehabilitative Services which prevents the individual from engaging
in employment or other work activity.
4. Has been battered or subjected to extreme cruelty as defined in department program
manuals to the extent participation in program work requirements is precluded.
5. Is participating in drug, alcohol or mental health counseling to the extent participation
in program work requirements is precluded.
6. Is a single custodial parent caring for a child under the age of six (6) and appropriate
childcare is not available or is inaccessible to the client.
7. Is a single custodial parent caring for a child under the age of 3 months.
8. Is age 60 or older.
9. Has no regular transportation of any kind available.
10. Has a personal barrier of such significance to preclude participation in a work activity or
employment and is participating in other JOBS activities to overcome the barrier.
B.
Special Circumstances Delay Criteria
Participation for clients who are required to participate and do not meet deferral criteria may
be delayed if no appropriate component/employment is available.
Attachment C
GOOD CAUSE FOR NONCOMPLIANCE WITH JOBS ACTIVITIES
Good cause for failure or refusal to participate in JOBS activities or to accept employment includes
the following:
1.
Illness of individual or illness of a household member or family member which requires the
presence of the individual.
2.
Childcare problems
3.
Transportation problems
4.
Personal or family crisis
5.
Domestic Violence issues
6.
Rare/Unusual Circumstances
7.
Non-receipt of correspondence
8.
Administrative error
Attachment D
GOOD CAUSE FOR NONCOOPERATION IN CHILD SUPPORT ACTIVITIES
An applicant/recipient for assistance under the FAP must cooperate with the agency in child support
enforcement activities unless it is determined that cooperation in such activities is not in the child’s
best interest. Circumstances under which cooperation may not be in the child’s best interest include:
1.
Physical or emotional harm of a serious nature is reasonably expected to occur to the child or to
the parent or relative with whom the child is living.
2.
The child was conceived as a result of incest or forcible rape.
3.
Legal proceedings for adoption of the child are pending before a court of competent jurisdiction.
4.
The applicant/recipient is currently being assisted by a public or licensed private social agency
to resolve the issue of whether to keep the child or relinquish for adoption and the discussions
have not gone on for more than three months.
Attachment E
1. Cash Assistance
A. Monthly Maximum Payment Standards
STANDARDS FOR FAMILY ASSISTANCE PROGRAM
Assistance Unit Size
B.
Payment Standard
1
$165
2
$190
3
$215
4
$245
5
$275
6
$305
7
$335
8
$365
9
$395
10
$425
11
$455
12
$485
13
$515
14
$545
15
$575
16
$605
Resource Standards
Not applicable effective October 1, 2009.
Attachment E cont’d.
2. TANF Emergency Assistance (Formerly EA)
Annual family income is lower than two times the state’s estimated median income level (as
published by HHS) for a family of three.
3. TANF Direct Child Welfare Assistance
Child’s or family’s gross income is equal to or less than 200% of the HHS poverty guidelines by
family size.
4. Special Projects
Eligible Families: Child’s, individual’s (including pregnant women), or family’s gross income can be
up to 300% of the HHS poverty guidelines by family size. Additionally, the family’s receipt of other
means tested benefits/services is sufficient to convey categorical financial eligibility as well as
receipt of benefits/services from an entity (organization, state agency, etc.) or program whose client
population is largely low income.
Attachment F
CRITERIA FOR EXCEPTION TO TIME LIMITS
In order to receive past 60 months the grantee or spouse of the grantee must have a
circumstance/situation which creates a barrier to self sufficiency known as a hardship and
s/he must be cooperating with Child Support and complying with JOBS as appropriate.
To be eligible both criteria in A & B must be met and continue to be met in each month
after 60.
A. Hardships
The grantee or spouse of the grantee must meet one of the following circumstances
and must not be employed. If a hardship is established but the individual becomes
employed or employable (as determined by the JOBS worker) eligibility is lost.
A hardship may exist when the grantee or spouse of the grantee:
1.
Is a person whose presence is required on a substantially continuous basis due
to the illness or incapacity of the spouse, child, mother-in-law, father-in-law
or of an individual to whom the relationship of the caregiver is within certain
degrees of relationship and no other person is available to provide the needed
care.
2.
Has an illness or injury which has lasted or is expected to last at least 30 days
and which is serious enough to temporarily prevent employment (or training
with the hope of employment) when determined on the basis of medical
evidence from the attending physician/clinic. This includes pregnancy when
it has been determined by medical evidence that working or participation in
training would be detrimental to the woman or the unborn child.
3.
Is incapacitated with a physical or mental impairment determined by a
physician or a licensed or certified psychologist which prevents or
substantially reduces the individual’s ability to work.
4.
Is fleeing current domestic violence or abuse because s/he recently has been
battered or subjected to extreme cruelty as verified by certain documentary
evidence specified in program manuals.
5.
Is participating in drug, alcohol or mental health counseling as verified
through the sources of the counseling to the extent participation in program
work requirements is precluded.
6.
Is age 60 or older.
7.
Has a personal barrier of such significance as to preclude training and/or
employment and is engaged in an activity to overcome the barrier.
Attachment F cont’d.
CRITERIA FOR EXCEPTION TO TIME LIMITS – (Continued)
8.
Lives in a Food Assistance ABAWD waiver county and has not been
disqualified due to noncompliance with JOBS since December, 1996.
B. Program Compliance Criteria
The grantee and/or the spouse of the grantee must cooperate with Child
Support and comply with JOBS in each month past 60. Failure to meet this
criteria results in (1) permanent loss of program eligibility for the grantee
and spouse of the grantee regardless of family circumstances and (2)
recovery of all benefits received past month 60.
Attachment G.
Alabama Campaign to Prevent Teen Pregnancy
412 N. Hull Street * Montgomery, AL 36104
334-265-8004 (ph) * 334-265-8033 (fax) * www.acptp.org
Mission Statement
Provide statewide leadership on the issue of teen pregnancy prevention
through collaboration, education, training and advocacy; thereby reducing
teen pregnancy and improving the well-being of Alabama’s children,
families and communities.
Priorities
Empower parents and teens to
talk about pregnancy.
Promote positive youth
development as a prevention
model.
Create high public awareness about
youth related issues and use
premier website and other social
media as primary means of
communication.
Support evidence-based approaches
(also referred to as science-based
approaches) to teen pregnancy
prevention in Alabama
communities (including schools,
community-based organizations,
clinics, etc.).
Engage policy makers who are
informed, supportive, and active in
teen pregnancy issues.
