1 noncompliance and sanction policy welfare transition statewide training agency for workforce...
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Noncompliance and Noncompliance and Sanction PolicySanction Policy
Welfare Transition Statewide TrainingWelfare Transition Statewide TrainingAgency for Workforce Innovation Agency for Workforce Innovation
Spring 2005Spring 2005
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Why Do We Sanction?Why Do We Sanction?
Required to participate as a condition of Required to participate as a condition of continued eligibility for cash assistancecontinued eligibility for cash assistance
Most individuals will realize self-Most individuals will realize self-sufficiency through employment or sufficiency through employment or improved employment opportunitiesimproved employment opportunities Failure or refusal to become fully engaged in Failure or refusal to become fully engaged in
work activities may result in time limits work activities may result in time limits ending before the family becomes ending before the family becomes economically self-sufficienteconomically self-sufficient
Removes the family from the Removes the family from the participation rateparticipation rate
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Client Fails to Client Fails to ParticipateParticipate What is considered a What is considered a
failure?failure? Failure to participate in work Failure to participate in work
or other assigned activitiesor other assigned activities
Failure to provide requested Failure to provide requested documentationdocumentation
Failure to keep an Failure to keep an appointmentappointment
Failure to follow a treatment Failure to follow a treatment plan or alternative plan or alternative requirement planrequirement plan
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Frequently Asked Frequently Asked QuestionQuestion Can you sanction an individual Can you sanction an individual
assigned to 40 hours in an activity assigned to 40 hours in an activity if they complete the minimum 30 if they complete the minimum 30 hours required?hours required?
Yes, the 30 hour requirement applies Yes, the 30 hour requirement applies only to participation rateonly to participation rate
Can assign up to 40 hrs/wk, based on Can assign up to 40 hrs/wk, based on employment goal on the IRP, and can employment goal on the IRP, and can be sanctioned for failure to follow their be sanctioned for failure to follow their IRP or Alternative Requirement PlanIRP or Alternative Requirement Plan
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Mail Failure NoticeMail Failure Notice Mail “Notice of Failure to Mail “Notice of Failure to
Participate and Possible Sanction” Participate and Possible Sanction” (Form 2290) within two working (Form 2290) within two working days days afterafter the date of the failure the date of the failure
Enter Pre-Penalty on the Enter Pre-Penalty on the Alternative Plan page in OSSTAlternative Plan page in OSST
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Oral ContactOral Contact Attempt oral contact via Attempt oral contact via
phone or other locally phone or other locally determined methoddetermined method
Document your Document your attempt and results in attempt and results in OSSTOSST
If oral attempt is If oral attempt is unsuccessful allow 10 unsuccessful allow 10 calendar days calendar days afterafter date of the notice for date of the notice for the client to respondthe client to respond
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No Oral Contact No Oral Contact andand No No Response Within 10 Response Within 10
DaysDays Request appropriate level sanctionRequest appropriate level sanction
Level 1Level 1
Level 2Level 2
Level 3Level 3
Click on Click on “Request Penalty”“Request Penalty” hyperlink hyperlink
Do not mail Notice of Failure to Do not mail Notice of Failure to Demonstrate Satisfactory Compliance Demonstrate Satisfactory Compliance (CF-ES 2292) at this time (CF-ES 2292) at this time
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Frequently Asked Frequently Asked QuestionQuestion
When requesting a sanction on a When requesting a sanction on a member of a two-parent family, member of a two-parent family, how do you determine the level to how do you determine the level to request?request? The sanction is attached to the The sanction is attached to the
individualindividual If their last sanction was a level 2 If their last sanction was a level 2
and they have not complied for a and they have not complied for a minimum of 6 months since minimum of 6 months since compliance request a level 3 compliance request a level 3 sanction sanction
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Oral Contact Successful Oral Contact Successful oror Client Responds to 2290 Client Responds to 2290 Within 10 Calendar DaysWithin 10 Calendar Days
Determine good cause and Determine good cause and document in document in Case NotesCase Notes. Be specific—Was it good . Be specific—Was it good cause or not?cause or not? Do not request sanction if good cause existsDo not request sanction if good cause exists
Provide counseling sessionProvide counseling session Discuss barriers to participation Discuss barriers to participation
Refer for services to remove barriersRefer for services to remove barriers
Explain consequences of noncompliance and Explain consequences of noncompliance and failure to “Demonstrate Satisfactory failure to “Demonstrate Satisfactory Compliance”Compliance”
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Good Cause ReasonsGood Cause Reasons
Lack of child care Lack of child care for children under for children under age 6age 6
Domestic violence Domestic violence
Past effects of Past effects of domestic violencedomestic violence
Medical incapacityMedical incapacity
Outpatient mental Outpatient mental health or substance health or substance abuse treatmentabuse treatment
Applicants of SSI or Applicants of SSI or SSDISSDI
Other circumstances Other circumstances beyond their controlbeyond their control Medical emergencyMedical emergency
Court appearanceCourt appearance
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Oral Contact Successful Oral Contact Successful oror Client Client Responds Responds
(Good Cause Exists)(Good Cause Exists)
Clearly state in the Clearly state in the Case Notes the reason Case Notes the reason for the failure for the failure andand that it was accepted that it was accepted as good cause as good cause
End Pre-Penalty with End Pre-Penalty with Good CauseGood Cause
Allow to continue Allow to continue participatingparticipating
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Oral Contact Successful Oral Contact Successful oror Client Client Responds Responds
(Does Not Have Good Cause)(Does Not Have Good Cause)
Client is given an Client is given an opportunity to opportunity to ““demonstrate demonstrate satisfactory satisfactory compliance”compliance” Definition: Having Definition: Having
no more than one no more than one failure without good failure without good cause within a 30 cause within a 30 calendar day periodcalendar day period
Assign to an Assign to an activityactivity
End Pre-Penalty with End Pre-Penalty with “Compliance” When “Compliance” When Client Client BeginsBegins to to ParticipateParticipate Use Date Client Agreed Use Date Client Agreed
to Participate as the to Participate as the End DateEnd Date
If there is no further If there is no further noncompliance within noncompliance within 30 days of the date 30 days of the date of the first failure, of the first failure, the sanction process the sanction process endsends
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Client Agrees to Client Agrees to Demonstrate Satisfactory Demonstrate Satisfactory
ComplianceCompliance If 2If 2ndnd Failure Occurs Within 30 Days of Failure Occurs Within 30 Days of
the First Failurethe First Failure Allow client 3 working days after the date Allow client 3 working days after the date
of the failure to report good causeof the failure to report good causeo Enter Case Note detailing the failure and set Enter Case Note detailing the failure and set
Future To Do for 3 Working DaysFuture To Do for 3 Working Days Good cause existsGood cause exists No sanction requestedNo sanction requested Good cause not reported/determinedGood cause not reported/determined Click on the Click on the “Pre-Penalty”“Pre-Penalty” hyperlink and select hyperlink and select
“Request Penalty” or the“Request Penalty” or the“Request Penalty” “Request Penalty” hyperlink, whichever is appropriatehyperlink, whichever is appropriate
Mail “Notice of Failure to Demonstrate Mail “Notice of Failure to Demonstrate Satisfactory Compliance” (Form 2292)Satisfactory Compliance” (Form 2292)
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Penalties for Penalties for NoncomplianceNoncompliance
LeveLevell
CashCashFSFS
ExempExemptt
NOT Food Stamp ExemptNOT Food Stamp Exempt
Head of Head of HouseholdHousehold
Not Head of Not Head of HouseholdHousehold
OneOne Cash closed for Cash closed for entire family for a entire family for a minimum of 10 days minimum of 10 days or until compliance, or until compliance, whichever is longerwhichever is longer
No No changchange in e in Food Food StampStampss
FS closed for FS closed for entire household entire household 1 month or until 1 month or until compliance, compliance, whichever is whichever is longerlonger
FS closed for the FS closed for the noncompliant noncompliant individual 1 month individual 1 month or until compliance, or until compliance, whichever is longer whichever is longer
TwoTwo Cash closed for Cash closed for family for 1 month family for 1 month or until compliance, or until compliance, whichever is longerwhichever is longer (Prot. Payee for (Prot. Payee for children under 16children under 16
No No changchange in e in Food Food StampStampss
FS closed for FS closed for entire household entire household 3 months or until 3 months or until compliance, compliance, whichever is whichever is longerlonger
FS closed for the FS closed for the noncompliant noncompliant individual 3 months individual 3 months or until compliance, or until compliance, whichever is longerwhichever is longer
ThreThreee
Cash closed for Cash closed for family for 3 months family for 3 months or until compliance, or until compliance, whichever is longer;whichever is longer; Protective Payee Protective Payee allowed allowed
No No changchange in e in Food Food StampStampss
FS closed for FS closed for entire household entire household 6 months or until 6 months or until compliance, compliance, whichever is whichever is longer.longer.
FS closed for the FS closed for the noncompliant noncompliant individual 6 months individual 6 months or until compliance, or until compliance, whichever is longerwhichever is longer
X
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Forgiveness PolicyForgiveness Policy
Prior sanctions are Prior sanctions are forgiven if client is forgiven if client is compliant for six compliant for six months or more months or more afterafter a sanction is lifted a sanction is lifted due to compliancedue to compliance
Begin with a clean Begin with a clean slateslate
Applies only to Cash Applies only to Cash Sanctions; Does Not Sanctions; Does Not Apply to Food Apply to Food StampsStamps
Prior Sanctions Prior Sanctions ForgivenForgiven
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Compliance and Compliance and Lifting SanctionsLifting Sanctions
Level OneLevel One Lift as soon as the client agrees to comply and begins Lift as soon as the client agrees to comply and begins
participating (no required compliance period)participating (no required compliance period)
Level TwoLevel Two Lift as soon as the client agrees to comply and begins Lift as soon as the client agrees to comply and begins
participating, AFTER serving the minimum one month participating, AFTER serving the minimum one month penalty period;penalty period; reinstate to the date of compliance or the reinstate to the date of compliance or the first day of the month following the penalty period, first day of the month following the penalty period, whichever is laterwhichever is later
Level ThreeLevel Three Lift as soon as the client agrees to comply and begins Lift as soon as the client agrees to comply and begins
participating, AFTER serving the minimum three month participating, AFTER serving the minimum three month penalty period; penalty period; reinstate to the date of compliance or the reinstate to the date of compliance or the first day of the month following the penalty period, first day of the month following the penalty period, whichever is laterwhichever is later
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Frequently Asked Frequently Asked QuestionQuestion
If good cause is submitted after a sanction If good cause is submitted after a sanction is imposed, what date is used to lift the is imposed, what date is used to lift the sanction?sanction?
First determine if the participant had good First determine if the participant had good cause for not responding to the 2290 within 10 cause for not responding to the 2290 within 10 days or within 3 working days of the second days or within 3 working days of the second failurefailure
Lift date should be the same as the request Lift date should be the same as the request datedate
o Sanction should not have been requested and Sanction should not have been requested and participant should not lose any amount of cash participant should not lose any amount of cash assistanceassistance
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Support Services After Support Services After Serving the Minimum Serving the Minimum
Penalty PeriodPenalty Period
If complying to have the If complying to have the sanction liftedsanction lifted support support services may be provided services may be provided onlyonly after serving the minimum after serving the minimum penalty periodpenalty period Child CareChild Care
TransportationTransportation
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Sanctions and the Receipt Sanctions and the Receipt of Transitional Benefitsof Transitional Benefits
Cannot receive transitional services if Cannot receive transitional services if Cash Assistance is closed due to a Cash Assistance is closed due to a sanctionsanction Must comply to have the sanction liftedMust comply to have the sanction lifted Reapply for Cash Assistance through DCFReapply for Cash Assistance through DCF
What if individual complies and What if individual complies and reapplies for Cash Assistance, reapplies for Cash Assistance, however, cannot be re-approved however, cannot be re-approved because of earned income?because of earned income? New PolicyNew Policy: Cannot receive transitional : Cannot receive transitional
services if the Cash Assistance was closed services if the Cash Assistance was closed due to a sanctiondue to a sanction
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New OSST CodeNew OSST Code New Code—”New Code—”Sanction Not ImposedSanction Not Imposed””
Use when ending a sanction request if Use when ending a sanction request if DCF failed to impose the sanctionDCF failed to impose the sanction
When requesting a subsequent sanction, When requesting a subsequent sanction, request the next level penaltyrequest the next level penalty
o Example: Level 1 Sanction requested 1/27/05; Example: Level 1 Sanction requested 1/27/05; DCF closed case on 1/28/05 without imposing DCF closed case on 1/28/05 without imposing sanction; individual reapplies on 2/28/05 and is sanction; individual reapplies on 2/28/05 and is re-approved for cash assistance; reopen alert is re-approved for cash assistance; reopen alert is received on 3/1/05. Case manager should end received on 3/1/05. Case manager should end the sanction request with “Sanction Not the sanction request with “Sanction Not Imposed”; individual fails to attend Orientation Imposed”; individual fails to attend Orientation on 3/5/05 and does not respond to 2290. Level on 3/5/05 and does not respond to 2290. Level 2 Sanction should be requested.2 Sanction should be requested.
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Client Fails to Participate
Enter Pre-penalty for 1st Failure on the Alternative Plan page and Mail “Notice of Failure to Participate
and Possible Sanction” (2290) Within Two Working Days After the Failure
If Oral Attempt is Not Successful Allow 10 Calendar Days After Date of Notice for Client to Respond
Did Client Respond?
Request Sanction; Click Request Penalty
hyperlink
Provide Counseling Was Good Cause
Determined?
Update Case Notes Clearly Stating Good Cause was Determined
If Client Agrees to Demonstrate Satisfactory Compliance
No Yes
No Sanction Requested; End Pre-penalty with Good Cause NOTE: If there is another failure
send a new 2290 and enter Pre-Penalty
No Sanction Requested
Enter Case Note and To Do for 3 Working Days
Click on Pre-Penalty hyperlink and select Request Penalty or click on Request Penalty
hyperlink and Mail “Notice of Failure to Demonstrate Satisfactory Compliance” (2292)
WT Sanction Flow ChartWT Sanction Flow Chart
End Pre-penalty with Compliance After Client Begins to Participate; Use Date Client
Agreed to Participate
Updated 4/11/05
Attempt Oral Contact & Document Results in Case Notes
Yes
No
2nd Failure Occurs Within 30 Days of the First Failure?
NoYes
Allow Client 3 Working Days to Report Good Cause
Was Good Cause Reported/Determined?Yes
No
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For Additional For Additional InformationInformation
ContactContact
[email protected]@awi.state.fl.us
[email protected]@awi.state.fl.us
[email protected]@awi.state.fl.us