5913040 Human Services, Department of - Notice of Final Rulemaking - Amend Chapter 58 to Change Level One TANF Sanction from Removal of Individual to 20% Reduction in Benefit
-
DEPARTMENT OF HUMAN SERVICES
NOTICE OF FINAL 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) (2015 Supp.)), and Mayor’s Order 2011-118, dated July 14, 2011, hereby gives notice of the adoption of amendments to 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 revisions to the TANF sanction policy will promote clarity and assist in efficient administration of the program.
The Notice of Proposed Rulemaking was published in the D.C. Register on October 2, 2015, at 62 DCR 013038. DHS did not receive any comments from the public concerning the proposed rules during the thirty (30)-day comment period, which expired on November 1, 2015. The Proposed Rulemaking was submitted to the Council on September 24, 2015, for a forty-five (45)-day period of review as required by Section 205 of the Public Assistance Act. No changes have been made to the text of the rules since published and proposed.
As the 45-day review period expired without action by the Council to approve or disapprove the proposed rules, the proposed rules have been deemed approved. The rules were adopted as final on January 20, 2016 and shall take effect on May 1, 2016.
Chapter 58, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, of Title 29 DCMR, PUBLIC WELFARE, is amended as follows:
Section 5812, SANCTIONS, 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.).
