Noncompliance and Sanction Policy Welfare

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Noncompliance and Sanction Policy Welfare Powered By Docstoc
					    Noncompliance and
     Sanction Policy




Welfare Transition Statewide Training
 Agency for Workforce Innovation
            Spring 2005                 1
        Why Do We Sanction?

   Required to participate as a condition of
    continued eligibility for cash assistance
   Most individuals will realize self-sufficiency
    through employment or improved employment
    opportunities
       Failure or refusal to become fully engaged in work
        activities may result in time limits ending before the
        family becomes economically self-sufficient

   Removes the family from the participation rate

                                                                 2
Client Fails to Participate
          What is considered a
           failure?
              Failure to participate in work
               or other assigned activities
              Failure to provide requested
               documentation
              Failure to keep an appointment
              Failure to follow a treatment
               plan or alternative requirement
               plan
                                           3
Frequently Asked Question
   Can you sanction an individual assigned to
    40 hours in an activity if they complete
    the minimum 30 hours required?
       Yes, the 30 hour requirement applies only to
        participation rate
       Can assign up to 40 hrs/wk, based on
        employment goal on the IRP, and can be
        sanctioned for failure to follow their IRP or
        Alternative Requirement Plan

                                                    4
          Mail Failure Notice
   Mail “Notice of Failure to Participate
    and Possible Sanction” (Form 2290)
    within two working days after the date
    of the failure
   Enter Pre-Penalty on the Alternative
    Plan page in OSST


                                           5
                 Oral Contact
   Attempt oral contact via
    phone or other locally
    determined method
       Document your attempt
        and results in OSST
   If oral attempt is
    unsuccessful allow 10
    calendar days after date
    of the notice for the
    client to respond
                                6
        No Oral Contact and No
        Response Within 10 Days
   Request appropriate level sanction
       Level 1
       Level 2
       Level 3

   Click on “Request Penalty” hyperlink
   Do not mail Notice of Failure to
    Demonstrate Satisfactory Compliance
    (CF-ES 2292) at this time
                                           7
    Frequently Asked Question
   When requesting a sanction on a
    member of a two-parent family, how
    do you determine the level to
    request?
       The sanction is attached to the
        individual
       If their last sanction was a level 2 and
        they have not complied for a minimum of
        6 months since compliance request a
        level 3 sanction
                                              8
    Oral Contact Successful or Client
      Responds to 2290 Within 10
             Calendar Days
   Determine good cause and document in Case
    Notes. Be specific—Was it good cause or
    not?
       Do not request sanction if good cause exists

   Provide counseling session
       Discuss barriers to participation
       Refer for services to remove barriers
       Explain consequences of noncompliance and
        failure to “Demonstrate Satisfactory
        Compliance”                                    9
     Good Cause Reasons
   Lack of child care      Outpatient mental
    for children under       health or substance
    age 6                    abuse treatment
   Domestic violence       Applicants of SSI or
                             SSDI
   Past effects of
    domestic violence       Other circumstances
                             beyond their control
   Medical incapacity          Medical emergency
                                Court appearance

                                                     10
Oral Contact Successful or Client Responds
            (Good Cause Exists)

   Clearly state in the Case
    Notes the reason for
    the failure and that it
    was accepted as good
    cause

   End Pre-Penalty with
    Good Cause

   Allow to continue
    participating                     11
     Oral Contact Successful or Client Responds
               (Does Not Have Good Cause)

   Client is given an             End Pre-Penalty with
    opportunity to                  “Compliance” When Client
    “demonstrate                    Begins to Participate
    satisfactory                       Use Date Client Agreed to
                                        Participate as the End
    compliance”                         Date
       Definition: Having no      If there is no further
        more than one failure       noncompliance within 30
        without good cause          days of the date of the
        within a 30 calendar        first failure, the
        day period                  sanction process ends
   Assign to an activity
                                                             12
         Client Agrees to Demonstrate
            Satisfactory Compliance
   If 2nd Failure Occurs Within 30 Days of the
    First Failure
       Allow client 3 working days after the date of
        the failure to report good cause
         o   Enter Case Note detailing the failure and set Future
             To Do for 3 Working Days
                 Good cause exists
                 No sanction requested
                 Good cause not reported/determined
                 Click on the “Pre-Penalty” hyperlink and select “Request
                  Penalty” or the“Request Penalty” hyperlink, whichever is
                  appropriate
                 Mail “Notice of Failure to Demonstrate Satisfactory
                  Compliance” (Form 2292)                                    13
                                                                             X
           Penalties for Noncompliance
                                    FS               NOT Food Stamp Exempt
Level            Cash             Exempt    Head of Household      Not Head of Household

 One    Cash closed for entire    No        FS closed for entire   FS closed for the
        family for a minimum of   change    household 1 month      noncompliant individual
        10 days or until          in Food   or until compliance,   1 month or until
        compliance, whichever     Stamps    whichever is longer    compliance, whichever
        is longer                                                  is longer
 Two    Cash closed for family    No        FS closed for entire   FS closed for the
        for 1 month or until      change    household 3 months     noncompliant individual
        compliance, whichever     in Food   or until compliance,   3 months or until
        is longer (Prot. Payee    Stamps    whichever is longer    compliance, whichever
        for children under 16                                      is longer
Three Cash closed for family      No        FS closed for entire   FS closed for the
        for 3 months or until     change    household 6 months     noncompliant individual
        compliance, whichever     in Food   or until compliance,   6 months or until
        is longer; Protective     Stamps    whichever is longer.   compliance, whichever
        Payee allowed                                              is longer         14
                  Forgiveness Policy
Prior Sanctions              Prior sanctions are
Forgiven                      forgiven if client is
                              compliant for six
                              months or more after
                              a sanction is lifted
                              due to compliance
                             Begin with a clean
                              slate
                             Applies only to Cash
                              Sanctions; Does Not
                              Apply to Food Stamps
                                                   15
               Compliance and
              Lifting Sanctions
   Level One
       Lift as soon as the client agrees to comply and begins
        participating (no required compliance period)
   Level Two
       Lift as soon as the client agrees to comply and begins
        participating, AFTER serving the minimum one month penalty
        period; reinstate to the date of compliance or the first day
        of the month following the penalty period, whichever is later
   Level Three
       Lift as soon as the client agrees to comply and begins
        participating, AFTER serving the minimum three month penalty
        period; reinstate to the date of compliance or the first day
        of the month following the penalty period, whichever is later
                                                                 16
        Frequently Asked Question
   If good cause is submitted after a sanction
    is imposed, what date is used to lift the
    sanction?
       First determine if the participant had good cause
        for not responding to the 2290 within 10 days or
        within 3 working days of the second failure
       Lift date should be the same as the request date
         o   Sanction should not have been requested and participant
             should not lose any amount of cash assistance

                                                                17
    Support Services After Serving
      the Minimum Penalty Period
   If complying to have the sanction
    lifted support services may be
    provided only after serving the
    minimum penalty period
       Child Care
       Transportation



                                        18
        Sanctions and the Receipt of
            Transitional Benefits
   Cannot receive transitional services if Cash
    Assistance is closed due to a sanction
       Must comply to have the sanction lifted
       Reapply for Cash Assistance through DCF
   What if individual complies and reapplies
    for Cash Assistance, however, cannot be
    re-approved because of earned income?
       New Policy: Cannot receive transitional services
        if the Cash Assistance was closed due to a
        sanction

                                                      19
New OSST Code
   New Code—”Sanction Not Imposed”
       Use when ending a sanction request if DCF
        failed to impose the sanction
       When requesting a subsequent sanction,
        request the next level penalty
         o   Example: Level 1 Sanction requested 1/27/05;
             DCF closed case on 1/28/05 without imposing
             sanction; individual reapplies on 2/28/05 and is re-
             approved for cash assistance; reopen alert is
             received on 3/1/05. Case manager should end the
             sanction request with “Sanction Not Imposed”;
             individual fails to attend Orientation on 3/5/05 and
             does not respond to 2290. Level 2 Sanction should
             be requested.                                  20
           Client Fails to Participate

                                                            WT Sanction Flow Chart
                      1st
 Enter Pre-penalty for Failure on the Alternative
Plan page and Mail “Notice of Failure to Participate
and Possible Sanction” (2290) Within Two Working                         If Client Agrees to Demonstrate
              Days After the Failure                                         Satisfactory Compliance


           Attempt Oral Contact &                                       End Pre-penalty with Compliance After
        Document Results in Case Notes                                Client Begins to Participate; Use Date Client
                                                                                 Agreed to Participate

If Oral Attempt is Not Successful Allow 10 Calendar
Days After Date of Notice for Client to Respond Did                      2nd Failure Occurs Within 30 Days
                  Client Respond?                                                of the First Failure?
                                                                                               Yes
             No               Yes                                            No
                                                       No                                Enter Case Note and
                                                                                       To Do for 3 Working Days
  Request Sanction;           Provide Counseling
Click Request Penalty          Was Good Cause                  No Sanction
      hyperlink                  Determined?                    Requested
                                                                                       Allow Client 3 Working
                                         Yes                                          Days to Report Good Cause
                                                                                           Was Good Cause
                             Update Case Notes                                Yes       Reported/Determined?
                            Clearly Stating Good
                            Cause was Determined                                                        No
                                                                     Click on Pre-Penalty hyperlink and select
                No Sanction Requested; End Pre-penalty with         Request Penalty or click on Request Penalty
 Updated        Good Cause NOTE: If there is another failure         hyperlink and Mail “Notice of Failure to
 4/11/05           send a new 2290 and enter Pre-Penalty                                                 21
                                                                   Demonstrate Satisfactory Compliance” (2292)
For Additional Information

   Contact

       Diane.Parker@awi.state.fl.us

       Norm.Cushon@awi.state.fl.us

       Erica.Mott@awi.state.fl.us


                                       22
                                                     The End ! ! !




An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice
telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.




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