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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), as amended, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-202.05(c)(2011 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 of the District of Columbia Municipal Regulations. 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 also gives notice of its intent to take final rulemaking action to adopt these regulations 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.
The purpose of the amended chapter is to establish rules to administer the District of Columbia’s Temporary Assistance for Needy Families (TANF) sanction policy. The proposed TANF sanction policy will assist in meeting the needs of TANF customers and helping them achieve greater self-sufficiency. The proposed TANF sanction policy will allow TANF customers to have a more active role in developing their own TANF self-sufficiency plan and renegotiating their plan if it does not meet their needs or goals. DHS will make reasonable efforts to ensure that clients have the resources they need to succeed. However, clients who fail to meet the requirements of their personally negotiated TANF Individual Responsibility Plan (IRP) will be subject to the graduated sanction policy.
Chapter 58, of Title 29, of the DCMR is amended as follows:
Section 5812 is amended as follows:
5812 SANCTIONS
5812.1 A non-exempt TANF customer (Customer) who, without good cause, fails to comply with his or her negotiated TANF Individual Responsibility Plan (IRP) as approved by the Director or his or her designee, or otherwise fails to meet his or her work requirements as set forth in D.C. Official Code § 4-205.19b (2008 Repl.; 2011 Supp.) and D.C. Official Code § 4-205.19d (2008 Repl.; 2011 Supp.), shall be subject to sanctions by DHS.
5812.2 When a Customer does not meet his or her IRP or work requirements for one (1) month, without good cause, the customer is subject to a sanction.
5812.3 A Customer who does not meet the requirements of sub-section 5812.1 each month may be subject to a progressive sanction. There are three (3) levels of progressive sanctions:
(a) Level One: an individual sanction may be applied when a Customer fails to demonstrate compliance with subsection 5812.1 for at least one (1) month, without good cause. DHS may allow a Customer to renegotiate their IRP if DHS determines that the Customer has provided DHS with substantial new information that will maximize their potential for success;
(b) Level Two: a full family sanction for one (1) month may be applied when a Customer fails to demonstrate compliance with subsection 5812.1, within ninety (90) days following the effective date of the individual sanction, without good cause; and
(c) Level Three: a full family sanction for six (6) months may be applied when a Customer fails to demonstrate compliance with subsection 5812.1 a second time within twelve (12) months of the date of the effective date of the Level Two sanction.
5812.4 When calculating the dollar amount of the Level One sanction DHS shall not include the Customer when calculating the assistance unit’s needs and the amount of the TANF payment to be made.
5812. 5 The Level One sanction shall be lifted beginning the first day of the first month following four (4) consecutive weeks of compliance with subsection 5812.1.
5812.6 A Customer at risk of receiving a sanction, or who is currently under a Level One sanction can demonstrate compliance by:
(a) Meeting the requirements under subsection 5812.1 for at least four (4) consecutive weeks; or
(b) Providing documentation to their employment vendor or the DHS Office of Work Opportunity, TANF Connections Unit, at 2100 Martin Luther King Ave, S.E., Washington, D.C. 20032, that supports:
(1) A good cause reason for non-compliance, in accordance with subsection 5810.3;
(2) An exemption from the work participation requirements, in accordance with subsection 5809; or
(3) Compliance with the IRP or work participation requirement in accordance with subsection 5812.1 during the period in question. Documentation of work participation shall not be accepted any later than thirty (30) days following the work activity completed by the Customer; except that pay stubs may be accepted up to thirty (30) days after the issuance of the pay.
5812.7 A full family sanction is a termination of the entire cash assistance grant for a minimum of one (1) month.
5812.8 A Customer shall receive no less than fifteen (15) days advance written notice of a TANF sanction.
5812.9 A Customer subject to sanctions shall have the right to a fair hearing, pursuant to D.C. Official Code §§ 4-210.01, et seq. (2008 Repl.). The Customer has a right to appeal:
(a) Whether the sanction was improper because:
(1) The Customer submitted written documentation to DHS that supports a good cause reason for non-compliance in accordance with subsection 5810.3;
(2) The Customer provided written documentation to DHS of an exemption in accordance with section 5809; or
(3) The Customer provided written documentation to DHS that shows the Customer met their work participation requirement in the IRP during the period in question, and DHS did not act on or approve this documentation; or
(b) Whether the Customer established a good cause reason for failure to provide such work participation documentation, as outlined in subsection 5812.8(1); or
(c) Whether DHS failed to meet the applicable procedural or substantive due process requirements.
5812.10 A Customer, whose TANF grant has been terminated due to a TANF full family sanction, shall be ineligible for TANF for the duration of the sanction period. The Customer must reapply for TANF benefits and complete an orientation, assessment, and IRP as a condition of eligibility.
5812.11 If a Customer fails to complete his or her annual TANF review or the benefit is otherwise terminated while he or she is under an individual sanction and the Customer makes a new application for benefits, the TANF applicant shall:
(a) Complete an assessment and orientation; and
(b) Shall remain under the same level of sanction until in compliance, pursuant to subsection 5812.1.
5812.12 A Customer who is sanctioned under the current DHS TANF sanction policy prior to the promulgation of these rules shall receive adequate notice that they shall be scheduled to complete an orientation and assessment, and the development of an IRP as set forth in subsection 5812.1. Customers, who fail to complete an orientation and assessment, and the development of an IRP as set forth in subsection 5812.1, shall have ninety (90) days to comply or they shall be subject to a one (1) month family sanction.
Subsection 5899.1 is amended by adding in alphabetical order the following new definitions:
“Full Family Sanction” - the termination of a non-exempt TANF family’s cash assistance payment due to failure to comply with the work activity requirement.
“Good Cause” - a circumstance as defined in 29 DCMR 5810.3.
“Individual Responsibility Plans (IRP)” - a written agreement developed jointly by the customer and the Provider’s case manager that acts as the customer’s roadmap to securing employment and becoming self-sufficient. The IRP outlines specific steps that the customer agrees and commits to take in order to address and remove barriers, and find and retain employment.
“Individual Sanction” - a calculation that removes the needs of the work eligible household member from the assistance unit, and from the TANF payment amount.
All persons who desire to comment on these proposed rules should submit their comments in writing to David A. Berns, Director, DHS, 64 New York Avenue, N.E., Washington, D.C. 20002, Attn: Deborah A. Carroll, Administrator, Income Maintenance Administration. 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 Income Maintenance Administration at (202) 698-3900.
