5646775 Human Services, Department of - Notice of Proposed Rulemaking - Amending 29 DCMR § 5812 (Sanctions).

DEPARTMENT OF HUMAN SERVICES

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the District of Columbia Department of Human Services (DHS), pursuant to authority set forth in Section 205(c) of the District of Columbia Public Assistance Act of 1982 (Public Assistance Act), effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-202.05(c) (2014 Supp.)), and Mayor’s Order 2011-118, dated July 14, 2011, hereby gives notice of its intent to amend Chapter 58 (Temporary Assistance for Needy Families), of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR). 

 

The purpose of the rulemaking is to amend the rule setting forth the District of Columbia’s Temporary Assistance for Needy Families (TANF) sanction policy to: clarify ambiguous language about the period of non-participation required before the sanction process is initiated; change the first level of graduated sanctions from removal of the sanctioned individual from the assistance unit to a twenty percent (20%) reduction in the assistance unit’s monthly benefit; and allow for case termination with notice and an opportunity for a hearing after a Customer has failed to remedy a level three (3) sanction for twelve (12) months. The proposed revisions to the TANF sanction policy will promote clarity and assist in efficient administration of the program. 

 

In accordance with Section 205(c) of the Public Assistance Act, these proposed rules are being transmitted to the Council of the District of Columbia. DHS gives notice of its intent to take rulemaking action to adopt these rules as final, in not less than thirty (30) days after publication of this notice, and the final rules may not become effective until the expiration of the forty-five (45) day period of Council review or upon approval by Council resolution, whichever occurs first.

 

Chapter 58, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, of Title 29 DCMR, PUBLIC WELFARE, is amended as follows:

 

Section 5812, SANCTIONS, is amended as follows:

 

Subsections 5812.1 and 5812.2 are amended to read as follows:

 

5812.1             A non-exempt TANF customer (Customer) is required to comply with his or her negotiated TANF Individual Responsibility Plan (IRP) as approved by the Director or his or her designee, or meet his or her work requirements, as set forth in D.C. Official Code §§ 4-205.19b and 4-205.19d (2012 Repl.). DHS shall impose the appropriate graduated sanction on Customers who are in non-compliance with this requirement, as defined in § 5812.3, without good cause. 

 

5812.2             TANF customers are assigned to a TANF Service Provider (Provider) with whom the Customer communicates with in regards to his or her efforts to work on and achieve the goals set out in their approved IRP.  Providers shall report at least monthly to DHS each Customer’s level of participation in working on their IRP.  Providers shall report to DHS whether the Customer is:

 

(a)             Fully participating;

 

(b)            Partially participating and making efforts to improve their participation;

 

(c)             Participating at consistently low levels of participation and not working to improve their participation; or

 

(d)            Completely non-participating.

 

Subsection 5812.8 is amended to read as follows:

 

5812.8             When a Customer fails to meet the requirements of § 5812.1, DHS shall impose a graduated system of sanctions, which consist of the following three (3) levels:

 

(a)       Level One: a twenty percent (20%) reduction in the assistance unit’s TANF benefits, as determined in accordance with D.C. Official Code § 4-205.52 (2012 Repl.), is applied when a Customer fails to meet the requirements of § 5812.1; 

 

(b)      Level Two: a fifty percent (50%) reduction in the assistance unit’s TANF benefits, as determined in accordance with D.C. Official Code § 4-205.52 (2012 Repl.), is applied when a Customer fails to meet the requirements of § 5812.1 a second time; and

 

(c)       Level Three: a full family sanction lasting at least one (1) month is applied when a Customer fails to meet the requirements of § 5812.1 a third time.  To receive TANF benefits following a full family sanction, a Customer must complete an updated assessment, re-negotiate their IRP, and meet the requirements of § 5812.12.  If the Customer fails to meet the requirements of § 5812.12 within twelve (12) months, the TANF case shall be terminated.  DHS shall provide advance written notice to the Customer that the TANF case shall be terminated.  This notice shall be provided in accordance with D.C. Official Code § 4-205.55 (2012 Repl.).

 

 

All persons who desire to comment on these proposed rules should submit their comments in writing to Laura G. Zeilinger, Director, DHS, 64 New York Avenue, N.E., Washington, D.C. 20002, Attn: Anthea Seymour, Administrator, Economic Security Administration, or by email to [e-mail].  All comments must be received by DHS not later than thirty (30) days after publication of this notice in the D.C. Register. Copies of these rules and related information may be obtained by writing to the above address, or by calling the DHS Economic Security Administration at [phone].