TANF - F.  Cooperation, Noncooperation, Re-Engagement and Penalties for Noncompliance

Printable PDF

Intent:

To examine the elements of cooperation and explore means to help clients engage in their self-sufficiency activities.

1. What is cooperation?

   Cooperation is encouraged through identification of goals, strengths, barriers and resources, development of plans with clients, sharing problem-solving responsibilities with the client and by helping the client see the need for change.

   To receive a full TANF grant, JOBS-mandatory clients must cooperate with the activities specified in their case plan. These activities may include pursuing available assets such as child and medical support, alcohol or drug diagnostic appointment or treatment, referrals to OVRS, or employment-related activities, domestic violence support groups, etc.

   JOBS cooperation

   Clients who are required to cooperate with employment-related activities must provide enough information so that the Department of Human Services (DHS) can determine the level of employment program participation. They must also accept a bona fide offer of employment, whether it is temporary, permanent, full time or seasonal. When they are employed, they must maintain employment. DHS will support cooperation by informing clients about any support services or programs that can help the client reach their goals.

   It is important that a client cooperates with the activities specified in their case plan. Noncooperation based on willful noncompliance leads to disqualification.

   General Provisions; Employment Programs: 461-130-0305
   Specific Requirements; SFPSS Eligibility: 461-135-1195

   Note:

   DHS must consider information from any screening and/or evaluation completed in determining whether the client is able to cooperate.

   Note:

   If an applicant has an old “JD” or “DJ” case descriptor on their UCMS case, please remove the coding. It has no effect on their benefits or application for benefits at this time.

   
   

2. Who must cooperate?

   All applicants and recipients of TANF cash and medical benefits must pursue available assets.

   F	SEE TANF SECTION G (TF-G) FOR INFORMATION REGARDING AVAILABILITY OF RESOURCES.

   Requirement to Pursue Assets: 461-120-0330

   To receive benefits for a dependent child whose parent(s) is absent from the household, the caretaker relative must cooperate, unless good cause exists, in establishing paternity and obtaining child support payments.

   Client Required To Help Department Obtain Support From Noncustodial Parent; TANF: 461-120-0340

   TANF applicants and recipients must participate in a mental health or alcohol and drug treatment program if it has been identified that such treatment is necessary for the person to function successfully in the workplace and the services are available and at no cost to the client.

   Requirement to Attend an Assessment or Evaluation or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health; Disqualifications and Penalties; Pre-TANF, REF, TANF: 461-135-0085

   F	FOR MORE INFORMATION, SEE TANF SECTION D.7 (TF-D.7), PURSUING SUBSTANCE ABUSE AND MENTAL HEALTH TREATMENT.

   Clients with physical or mental disabilities are not automatically exempt from JOBS program disqualification. Per the Americans with Disabilities Act (ADA), all clients have access to JOBS activities and support services as long as accommodating them does not fundamentally alter the purpose or intent of the JOBS component in which they would participate.

   F	FOR DETAILED INFORMATION ON JOBS AND THE ADA, SEE MULTIPLE PROGRAM WORKER GUIDE #13 (MP-WG#13).

   All clients must cooperate in determining employment status. This includes providing information and documentation to support exempt status and good cause statements. Clients who are not excluded or exempt from JOBS disqualification must participate in an employment program, if they are selected. Refugees within their first 12 months in the U.S. who live in the New Arrival Employment Service (NAES) project area must participate and follow the NAES employment program rules. Noncitizens receiving TANF are required to prepare for or pursue employment if they can legally work in the United States.

   General Provisions; Employment Programs: 461-130-0305

   
   

3. Who is exempt from JOBS Program participation and who is exempt from JOBS Program disqualification?

   Some clients are not required to participate in the JOBS program because of federal or state law.

   The following clients are exempt from participation and disqualification, unless specified below:

   • Clients who are in the ninth month of pregnancy or experiencing medical complications due to pregnancy that prevent participation in employment or self-sufficiency components;

   • Clients during the first six months after giving birth except to participate in parenting classes or family stability activities;

   • Clients under 20 years of age during the first four months (16 weeks) after giving birth except that the client may be required to participate in suitable activities with a preference for educational activities, parenting classes, and family stability activities;

   • Parents providing care for a family member living in the home who has a disability (OAR 461-001-0000). Medical documentation to support the need for the parent to remain in the home to care for the disabled family member is required. (DHS 7785 can be used to document need);

   • REF clients 65 years of age or older;

   • TANF clients 60 years of age or older;

   • Noncitizen clients who are not authorized to work in the United States;

   • Recipients of supplemental security income (SSI) from the Social Security Administration;

   • Non-needy caretaker relatives;

   • Clients for whom participation is likely to cause undue hardship or is contrary to the best interests of the child or the parent or needy caretaker relative;

   • Clients who participate more than 10 hours per week during the seventh and eighth month of pregnancy;

   • VISTA volunteers.

   Parents of children who receive TANF, and who are in the filing group with their children but not in the benefit group, are considered mandatory unless they are otherwise exempt from disqualification.

   In the REF, SNAP and TANF programs, a client may not be disqualified for conduct that occurred while a volunteer.

   In the Post-TANF Program, a client is classified as a volunteer and may not be disqualified.

   Example 1:

   A parent is on an IPV disqualification, but receives TANF for her children. She is not otherwise exempt from JOBS disqualification. She is in the TANF household, filing and financial groups, but she is not in the TANF need or benefit groups (see TANF Section C (TF C) for more information on eligibility groups). She must participate in JOBS and can be disqualified for failure to cooperate if there is no good cause.

   Example 2:

   A parent applies for TANF for his two children, but does not wish to receive TANF for himself. He has to be in the TANF household, filing, financial and need groups (see TANF Section C (TF C) for more information on eligibility groups). However, he signs a Voluntary Agreement to Reduce or Close Benefits or Withdraw Application and Notice of Action Taken (DHS 457D) to have himself excluded from the TANF benefit group. He is not otherwise exempt from JOBS disqualification. The client is considered mandatory and can be disqualified for failure to cooperate with JOBS without good cause.

   Participation Classifications: Exempt, Mandatory, and Volunteer: 461-130-0310

   
   

4. Who can volunteer to participate in employment programs?

   Clients who are exempt from JOBS Program disqualification may volunteer to participate (in accordance with OAR 461-190-0211). These volunteers may stop participating at any time.

   When a volunteer's status changes to required participation, DHS may not impose penalties for noncooperation for incidents that occurred while the participant was exempt from disqualification. Therefore, it is important for the DHS branch office to explain the client's employment status and rights and responsibilities in an orientation or an assessment. DHS also needs to do the following:

   • Require clients to review and sign the JOBS rights and responsibilities form;

   • Notify clients when their status changes to required participation before requiring them to participate in an employment program;

   • When a client becomes exempt from disqualification, notify them within 30 calendar days from the date the change in status occurs, or is reported to the branch, whichever is later. Offer the client the opportunity to continue participation as a volunteer.

   Participation Classifications: Exempt, Mandatory, and Volunteer: 461-130-0310

   
   

5. Employment program cooperation

   Clients who are selected for participation in an employment program must do all the following:

   • Schedule and keep employment-related appointments and interviews;

   • Notify DHS or the JOBS contractor of the reason for not keeping any assigned activities, including employment-related appointments and interviews, classes and activities. Notification must be made within three working days from the date of the missed appointment, interview, class attendance or activity;

   • Attend and complete scheduled activities as specified on the case plan;

   • Follow through on job referrals;

   • Submit valid employment applications;

   • Provide DHS with verifiable documentation of JOBS participation hours, including paid work, job search and educational participation hours.

   General Provisions; Employment Programs: 461-130-0305

   
   

6. Child and medical support cooperation

   Caretaker relatives must cooperate in establishing paternity and obtaining cash support payments. (This does not apply to caretaker relatives participating in the JOBS Plus program, Post-TANF program or SFPSS or those who are a two-parent household.) Caretaker relatives show cooperation when they have:

   • Supplied sufficient information to enable DCS to proceed with appropriate action. Sufficient information includes - but is not limited to - as many of the following elements of information as possible regarding any and all noncustodial parents of such dependent children: full legal name and nicknames, Social Security number, current or last known address, current or last known employer, including name and address (if a student, current or last known school), criminal record, including where and when, etc;

   • Supplied documentation or explanation of efforts to obtain information requested by DHS or DCS;

   • Kept appointments with DHS and DCS related to establishing paternity;

   • Returned telephone calls or responded to correspondence when requested by DHS or DCS;

   • Otherwise demonstrated a good faith effort to obtain necessary information and to locate and identify each noncustodial or alleged parent, establish legal paternity, establish and enforce a support order and obtain support payments to the full extent possible allowing for the client's individual circumstances.

   F	SEE TANF SECTION K (TF-K) FOR INFORMATION ABOUT CHILD AND MEDICAL SUPPORT COOPERATION FOR VICTIMS OF DOMESTIC VIOLENCE.

   Client Required To Help Department Obtain Support From Noncustodial Parent; TANF: 461-120-0340
   Clients Required to Obtain Health Care Coverage and Cash Medical Support; CEM, EXT, GAM, MAA, MAF, OHP (except OHP-CHP), OSIPM, SAC: 461-120-0345

   Case Management Opportunity When determining good cause for child support noncooperation, if physical or emotional harm is anticipated from the noncustodial parent or his/her relatives, determine what abuse occurred in the past and discuss available services that may help the family, including domestic violence and child counseling, referral to Child Welfare and legal services for a restraining order.

   
   

7. What is good cause?

   Good cause is what DHS considers as valid reasons or circumstances that keep a client from cooperating with elements of their case plan. It is the client's responsibility to provide evidence to establish good cause for noncooperation and to work with DHS staff to try to resolve problems that interfere with cooperation. It is important to determine whether the client cannot or will not cooperate with their case plan.

   Good Cause; Employment Program: 461-130-0327

   
   

8. Good cause for noncooperation with employment programs

   A JOBS program participant may have good cause for not participating if any of the following is true:

   • Cooperation or placement at a particular job site would place the client at risk of domestic violence;

   • Participation in a required activity would have an adverse effect or risk on the client's physical or mental health. Documentation from a DHS-approved medical authority is required;

   • DHS failed to provide a needed support service payment in time for the client to participate;

   • Noncooperation is caused by an aspect of the client's disability;

   • DHS failed to provide a needed accommodation or modification in order for the client to participate;

   • The worksite violates established health and safety standards;

   • A pregnant client is in her seventh or eighth month of pregnancy and either works in a job that requires her to work more than 10 hours each week or has a case plan that requires her to participate more than 10 hours each week;

   • Appropriate child care (or day care for an incapacitated person in the household) is not available or there is a breakdown in child care arrangements for a child in the household. The client must attempt to get child care from another provider. "Appropriate child care" means that (a) both the provider and the place where care is provided meet health, safety and provider requirements as defined in OAR 461-165-0180; (b) the care accommodates the parent's work schedule; and (c) the care meets the specific needs of the child, such as age and special needs requirements;

   • The work attachment position or employment offered is vacant due to a strike, lockout or other labor dispute;

   • The work attachment position or employment requires a client to join a union and the client has religious objections to unions;

   • The client belongs to a union and the employment goes against the conditions of the client's membership in that union. Good cause does not exist if the employment is not governed by the rules of the union to which the client belongs;

   • The job referral or employer is discriminatory in terms of age, sex, race, religious or political belief, marital status, disability or ethnic origin. Age, sex and disability requirements are allowable when there are valid or legal reasons for the requirements;

   • The person's participation in Grand Ronde Tribe NEW program activities prevents or interferes with participation in CAF SSP assigned JOBS activities or completion of DHS JOBS assignments;

   • The client's failure to participate is due to a circumstance beyond his/her reasonable control;

   • The wage for the client's current or potential job is: (a) less than minimum wage, or (b) if minimum wage laws do not apply, the wage (rate for piecework) is less than that normally paid for similar work.

   Good Cause; Employment Program: 461-130-0327

   
   

9. Good cause for Job Quit

   A client who is working full time (30 hours per week or more) may quit a job without penalty if:

   • They have another exemption;

   • They quit to accept another job with a wage at least equal to the quit job;

   • They have not signed the JOBS rights and responsibilities form;

   • The workplace is unsafe because of risk of domestic violence;

   • The employer was unable or unwilling to provide a required accommodation for a disabled client;

   • They quit to care for a family member with a disability;
     

   • They quit due to circumstances beyond their control such as but not limited to:
     
     • - Layoff;
       

     • - Employer went out of business;
       

     • - Natural disaster preventing the individual from going to work.
       

   • The employer engages in employment practices that are illegally discriminatory on the basis of age, sex, race, religious or political belief, marital status, disability, sexual orientation or ethnic origin;
     

   • Entered, or will be entering within the next 30 days, a residential treatment facility;
     

   • Recommendation by Child Welfare or other agency;

   • Unable to obtain or maintain appropriate child care.

   Good Cause; Employment Programs: 461-130-0327

   
   

10. Good cause for missed appointments

    Good cause for missing job interviews, employment-related appointments, absence from training or work, scheduled mental health or alcohol and drug treatment appointments and activities includes:

    • A mental or physical illness, impairment or condition preventing compliance. The branch may require verification;

      Note for good cause related to Alcohol & Drug (A&D) treatment: Good cause for a missed A&D treatment appointment must be granted if an aspect of a disability related to A&D caused the client to miss the appointment. For example, if memory loss caused by past methamphetamine use caused the client to miss an appointment, good cause must be granted. However, workers are not required to grant good cause when a client reports they missed an appointment because they were using alcohol or drugs at the time.

    • A verified court appearance or temporary incarceration (30 days or less);

    • A verified breakdown in transportation with no readily accessible alternative;

    • Inclement weather that prevented the client and others similarly situated from traveling;

    • Family problems, including medical, legal, domestic violence or school problems with other family members;

    • Verified adverse circumstances that affected the client's ability to attend, as determined by DHS;

    • A legitimate breakdown in communication, such as DHS or contractor failure to inform the client of an appointment;

    • Due to an aspect of a known or previously unknown disability;

    • DHS or contractor failed to provide a needed accommodation or modification.

    Good Cause; Employment Program: 461-130-0327

    
    

11. Good cause when the clients meet federal participation requirements

    Good cause is granted when a client meets the following federal participation requirements even though they may not have completed all the hours agreed to in their case plan.

    • A single custodial parent with a child under 6 years of age if they participate for an average of 20 hours per week in core activities;

    • A single custodial parent caring for a child under the age of 6 who has clearly demonstrated an inability to obtain needed child care;

    • A single custodial parent with a child age 6 or over is participating in core and noncore activities for an average of 30 hours a week, 20 of which must be core activities;

    • A two-parent household is participating in core and noncore activities an average of 55 hours per week, 50 of which must be core activities;

    • A client who is married or a single head-of-household under 20 years old who:
      • - Maintains satisfactory attendance at a secondary school or the equivalent; or

      • - Participates in education directly related to employment for an average of at least 20 hours per week.

    
    

12. Good cause for noncooperation with alcohol and drug or mental health treatment

    A client who is identified in need of mental health or alcohol and drug treatment must cooperate and follow through with the referral and the treatment program requirements. There is no good cause for not pursuing treatment unless treatment services are unavailable to the client at no cost. However, clients may have good cause for missing scheduled appointments or activities because of the circumstances specified under item 11, above. Also, good cause exists if a domestic violence victim fails to cooperate with a treatment plan when the batterer is also receiving treatment from the same provider.

    Good Cause for Failure to Comply with Substance Abuse or Mental Health Requirements: 461-135-0087

    
    

13. Good cause for noncooperation with DCS for child and medical support
    • Cooperation is reasonably anticipated to result in emotional or physical harm to the dependent child;

    • Cooperation is reasonably anticipated to result in emotional or physical harm to caretaker relatives that would reduce their ability to care for a dependent child;

    • Continuing efforts to obtain support would be detrimental to the dependent child because of the following:
      • - The child was conceived as a result of incest or rape;

      • - Legal proceedings for adoption are proceeding before a court.

    • The parent is being helped by a public or licensed private social agency to resolve the issue of whether to release the child for adoption. This good cause reason is limited to three months.

    If a client is claiming good cause for noncooperation with DCS for child and medical support because he/she believes that cooperation will put their safety at risk, the client's statement is enough evidence to grant good cause.

    Clients Excused for Good Cause from Compliance with Requirements to Pursue Child Support,
    Health Care Coverage, and Medical Support: 461-120-0350

    
    

14. Good cause for not pursuing assets

    A client may have good cause for not pursuing assets if any of the following is true:

    • The assets are unavailable because:
      • - They are not in the client's possession (e.g., a client has title to a car, but the car is stolen); or

      • - They are jointly owned with others who are not in the financial group, who are unwilling to sell, and the client's interest is not reasonably saleable.

    • The client is incompetent and there is no legal representative to act on behalf of the client. The client's condition must be verified by a doctor or other authorized person on the form designated by DHS;

    • The client is a victim of domestic violence and pursuing the asset will put the client or the client's children at risk of further, future violence;

    • The asset is an irrevocable or restricted trust and cannot be used to meet the basic monthly needs of the financial group.

      F	FOR MORE INFORMATION ABOUT INCOME AND RESOURCES IN SITUATIONS OF DOMESTIC VIOLENCE, PLEASE SEE TANF SECTION K (TF-K).

    Requirement to Pursue Assets: 461-120-0330
    Domestic violence: 461-135-1200
    Availability of Resources: 461-140-0020

    
    

15. What is noncooperation?

    Noncooperation exists when a client fails to complete the activities as specified on their case plan without good cause. The assigned activities may include cooperating with employment program requirements, cooperating with DCS in establishing paternity and collecting cash and medical support, cooperating with alcohol and drug treatment program requirements, cooperating with OVRS referrals and/or pursuing available assets, etc.

    Additionally, clients who are in the JOBS program are considered not cooperating if they fail to do the following without good cause:

    • Meet the requirement to keep appointments and interviews;

    • Attend all scheduled classes and activities;

    • Spend a JOBS support service payment on the goods or services the payment was intended to cover, or fail to return an unused payment to DHS or the DHS contractor;

    • Inform their child care provider that they were not participating in authorized employment program activities, and as a consequence, DHS is billed in error;

    • Maintain employment, including causing their own dismissal; voluntarily reducing their earnings; not accepting an increase in hours worked that would result in increased earnings; and quitting a job without good cause.

    Requirements for Mandatory Employment Program Clients; Pre-TANF, REF, SNAP, TANF: 461-130-0315
    

    
    

16. Discharge for misconduct

    Noncooperation with the employment program exists when clients caused their own dismissal, e.g., they were discharged for misconduct.

    Misconduct is a knowing, deliberate defiance of reasonable employer expectations. When determining whether an individual's misconduct caused their dismissal from employment, DHS will consider all the following:

    • The employee's misconduct must demonstrate a willful violation, a willful disregard of the employer's interest, recurring negligence or wrongful intent;

    • The employer must have clearly communicated their expectations to the employees to establish the reasonableness of the employers' action and the employee's knowledge of the consequence of the conduct;

    • Gross misconduct (e.g., drunkenness or insubordination) does not have to be preceded by a warning from the employer;

    • A single instance of poor judgment, carelessness, tardiness, unsatisfactory conduct beyond the client's control or inefficiency is not usually misconduct. Persistent instances, or an act that results in serious consequences to the employer, can be considered reasonable grounds for dismissing an employee for misconduct;

    • An employee who is a victim of domestic violence should not be held responsible for the batterer's actions at the employment site.

    Requirements for Mandatory Employment Program Clients; Pre-TANF, REF, SNAP, TANF: 461-130-0315

    
    

17. Strikers

    A striker is anyone involved in a strike, a concerted work stoppage or any interruption of operations by employees. This includes a work stoppage caused by expiration of a collective bargaining agreement.

    The following people are not considered participating in a strike:

    • Employees whose workplace is closed by the employer to resist the demands of employees (lock-out);

    • Employees unable to work because of striking employees (e.g., striking lumber mills: consequently, truck drivers do not have lumber to deliver);

    • Employees who terminate employment with a company involved in a strike and accept another full-time job. A full-time job is a job involving 30 hours or more per week or providing weekly earnings at least equal to the state minimum wage multiplied by 30 hours.

    If the caretaker relative of a filing group participates in a strike, the filing group is ineligible for both cash and medical benefits. If other filing group member participates in a strike, only that person is ineligible.

    Effect of Strikes: 461-130-0328

    
    

18. What is re-engagement?

    Re-engagement (OAR 461-001-0000) is a process intended to encourage clients to fully participate in case plan activities. The re-engagement process is initiated when a concern related to the plan or participation in the plan has arisen. Reserve judgment until you have as much data as possible about the client's situation or the situation that led to the need for re-engagement.

    The re-engagement process is an opportunity offered to clients and can be requested by the client, DHS, or a community partner. It is conducted by a branch representative (e.g., case manager, operations manager) or by a team composed of a branch representative and other persons (e.g., DHS contractor representative, neutral third party, etc.). It can be conducted by a face-to-face meeting, phone call between the client and the branch representative or re-engagement team or during a client group designed to re-engage clients. The outcome of the re-engagement appointment should be clearly narrated.

    1. Use the opportunity to clarify your understanding of the client's goals, how they believe the activities on their plan will support their goals and what about the plan did not work for them;

    2. What they believe they need to change about either the plan or their behavior to meet their goals;

    3. What resources they have that will support future participation.

    Note:

    If a client expresses concerns about participating in a client group (where personal information may be shared), then a one-on-one meeting should be offered.

    Other steps in the re-engagement process include:

    4. Gathering information about the client's situation;
       1. This process includes what the client's perception of their situation is and how they plan to address any concerns that have arisen;
       2. Information from the client's My Self Assessment form (DHS 7823);
       3. Information from screenings/evaluations (documented on the TRACS testing page), history of participation in the case record, family stability issues (including child welfare involvement), JOBS contractor staff and other agencies working with the client;
       4. Recommendations from mental health or A&D treatment providers, doctors or other professionals, information from community partners (e.g., domestic violence service providers, community action agencies, housing, etc.), or other agencies with which the client may be working, etc.

    5. Offering any screenings that have not been completed or determine whether an updated or further screening/assessment might be needed (e.g., A&D/MH screening, Learning Needs screening, Domestic Violence screening or Physical Health Needs screening):
       1. The alcohol and drug, Domestic Violence, mental health and physical health screenings should be offered a minimum every 12 months when there are participation issues or other warning signs. Learning needs screenings only need to be completed once; however, there may be indicators requiring additional learning needs screenings;

       2. Screenings can be offered in person, over the phone or in writing.  Regardless how the screening was offered, it will need to be documented in TRACS that an offer has occurred;

       3. A screening is considered completed when it has been:
          
          • Offered – Accepted – Conducted – Documented;
            

          • Offered – Accepted – No Show – Documented;
            

          • Offered – Refused – Documented.
    6. Re-evaluating the appropriateness of current plan activities and modifying the plan based on the client's goals, strengths, barriers and resources;

    7. Helping clients make informed decisions by clarifying program requirements, expectations and consequences for noncooperation;
       1. Including participation requirements, rights and responsibilities and consequences of disqualification in JOBS and REF;

       2. Participation requirements and causes that could lead to removal from the program in SFPSS.

    8. Exploring other options with the client that may support their participation such as:
       1. Resources of which the client may know of; and

       2. Possible referral to services within DHS (such as SFPSS or TA-DVS), referral to community partners (such as housing or A&D treatment), provisions of support services, etc.

    9. Determining whether the client is unable to participate in plan activities or is willfully noncompliant.

In the JOBS program, the re-engagement process provides an opportunity to determine good cause for failure to cooperate with JOBS, and to help participants and potential participants resolve disputes and misunderstandings. This includes disputes about case plans, JOBS support service payment amounts, irregular attendance at assigned JOBS activities, missed appointments, failure to participate in a JOBS component and refusal to accept or maintain employment.

In TRACS, document the situation that led to the request for re-engagement including the client's perception of the situation, steps taken to encourage re-engagement, findings of good cause or no good cause (even if the client is now willing to re-engage), staffing with community partners and child welfare, home visits or attempted home visits (a home visit attempt is required before a full family sanction can be imposed), screenings completed (or offered), alternative resources offered or available to the client, as well as any outcomes from the re-engagement process.

DHS is required to review all TANF or Pre-TANF program noncooperation to determine if the client had or has barriers, which prevented them from cooperating with their case plan. DHS must determine that the client was willfully noncompliant (ORS 412.009). This is to be accomplished by a locally determined team consisting of qualified and appropriate DHS and partner staff. When considering any level of disqualification, the minimum review team should include the following:

• Case manager;

• Line manager or designee;

• JOBS partner or other DHS staff;

• The clients should also be encouraged to attend, if possible.

When there are issues that have been previously identified or there are indicators of certain issues, professionals who can assist us in addressing those issues must be included as part of the review team. These may include, but are not limited to:

• Intensive Case consultant;

• Child Welfare worker;

• Lead workers;

• Child Welfare consultant;

• District nurse;

• MH/DA/DV provider(s);

• OVRS counselor;

• Disability analyst.

This team staffing should review all the elements of the noncooperation, including:

• Information gathered, including information from the client's DHS 7823, any history or indicators of mental health, drug/alcohol, domestic violence;

• Client case file;

• TRACS Narratives;

• TRACS pages such as the Testing Page, Disability/Limitation and Accommodation Page, etc.

Screening and Assessment results - were recommendations needed, was it completed and/or did DHS attempt to do so?

If there were disability, limitation and/or accommodations noted:

• Review known disability issues for cause of noncooperation;

• Review results of formal evaluations or assessments to determine if an aspect of a previously unknown medical, mental health, learning disability, cognitive, addiction issues, etc., caused the noncooperation.

• Review accommodations and modification for the following:
  • - Were all needed accommodations or modifications offered to the applicant or recipient?

  • - Did the applicant or recipient accept the accommodations or modifications?

  • - Are there alternative accommodations or modifications to consider?

  • - Did the case plan appear appropriate for the client?

  • - Child Safety review.

The local DQ team will decide if a client has good cause for noncooperation. Read the following to determine what to do after the team has made their decision. Document all findings in TRACS and the client's case file. Remember that certain A&D and mental health information narrated in TRACS needs to be placed in the A&D/MH narrative.

• If the client has "good cause":
  • - Do not apply the disqualification;
  • - If the local team review determines that past disqualifications were applied incorrectly, those past disqualifications shall be removed.
• If the client does not have "good cause" for the noncooperation:
  • - Apply the disqualification at the appropriate level;
  • - Complete the Re-engagement Page in TRACS, documenting the situation that led to Re-engagement, steps taken to encourage and attempts to engage client, team review, home visits attempted, child safety review, etc., and the team's recommendation for applying the disqualification;
  • - Prior to imposing second level of disqualification, a home visit and review of alternate resources available to the client must occur;
  • - Remember that Child Welfare is involved in the decision prior to a disqualification where there is a reduction of benefits.

Whether or not the client agrees to participate in the re-engagement process, parts of the process that are not dependent on client participation (including assessing the risk to children if the grant is reduced or closed) must be completed before a disqualification is imposed. Unresolved issues can be addressed through the hearing process only after a disqualification notice has been sent.

Re-engagement; JOBS, Pre-TANF, REF, SFPSS, TA-DVS: 461-190-0231

Re-engagement may end under any of the following conditions:

1. The department and the client agree to a modified case plan and the client completes two-consecutive weeks of cooperation. The client is considered successfully re-engaged in JOBS.
2. Efforts to re-engage are unsuccessful:
   1. The client clearly indicates an intent not to participate in the re-engagement process.
   2. The client is willfully noncompliant and has the ability to be fully engaged.
   3. The client has no barriers.
   4. The client refuses to take appropriate steps to address identified barriers to participation.
   5. The client did not have good cause for not complying with a requirement of the program and the client is able but unwilling to address the issue through activities to remove the barrier or plan modifications, or
   6. The client misses a re-engagement appointment without good cause.

3. There is no appropriate activity available in which the client may participate and/or there are no support services available to support participation in appropriate activities.

   Note:

   In the SFPSS program, the re-engagement ends when the client is removed from the program or the client cooperates with the requirements of the SFPSS program.

1. Employment Program disqualification

   When an individual who is required to cooperate with the activities specified on their case plan fails to cooperate without good cause, they are subject to disqualifications/penalties.

   F	SEE TANF SECTION O (TF-O) FOR INFORMATION ON DECISION NOTICE REQUIREMENTS WHEN IMPOSING DISQUALIFICATIONS.

   Penalties for noncooperation with Employment Program requirements are progressive. They are as follows:
   • The first level, which covers three months, is the removal of noncooperating client's needs from the cash grant (i.e., the noncooperating member will not be included in the benefit group);
   • The second level, which is the fourth month, the family does not receive a cash grant;
   • At the end of the fourth month, TANF is closed for the entire need group. The client is not eligible for TANF benefits for two consecutive months, after which they must re-apply for TANF benefits;
   • Clients in JOBS disqualification are still assumed eligible for MAA or MAF medical benefits if they would otherwise be eligible for them.

Assumed Eligibility for Medical Programs: 461-135-0010

Before applying any level of disqualification where there is a reduction in benefits, assess the client's family situation as outlined in the re-engagement process. Focus specifically on the potential impact of the disqualification on the health, safety and general well-being of the children. Community partners should be consulted as part of the family assessment. Before the final level of disqualification, the assessment must include a home visit and discussion of alternate resources available for the family to meet their needs. The results of the assessment must be narrated in the Re-engagement record on TRACS.

When a disqualified client does not act to end the disqualification, it progresses to the next level. The client is not entitled to a hearing on progression of the disqualification if there is no reduction or termination of the TANF grant.

Example:

A client is in the second month of a rolling disqualification in March and moves to the third month in April. There is no notice because the grant was not reduced or closed in April.

F	SEE TANF SECTION K.5 (TF-K.5) FOR INFORMATION ON JOBS DISQUALIFICATION FOR CLIENTS WHO ARE VICTIMS OF DOMESTIC VIOLENCE.

Disqualifications; Pre-TANF, REF, SNAP, TANF: 461-130-0330

Send a timely continuing benefit decision notice if a JOBS disqualification results in grant reduction; closure; or change of method of payment. The notice must include: action that caused the disqualification, the OAR, minimum length of disqualification, reduction amount and how the disqualification can be ended.

Notice Situation; Disqualification: 461-175-0220

End the disqualification when one of the following happens:

• The disqualification was applied in error. Do not count that disqualification;
• The disqualified individual is now exempt from JOBS program participation and disqualification;
• It becomes known that the failure to cooperate was based on previously unknown domestic violence issues;
• It becomes known that the failure to cooperate was based on an aspect of a previously known or unknown disability;
• A required accommodation or modification which would allow a disabled client to participate was not provided;
• The disqualified person is no longer a member of the household group. The disqualification follows the person;
• There is a break in TANF benefits. A break in benefits is when the family is not receiving TANF cash assistance because the TANF case is closed;
• The disqualified person demonstrates two consecutive weeks of cooperation.

Note:  When a TANF case closed, the needs resource DQ code should be removed.

Prior to the effective date of a proposed disqualification:

A client who states to an appropriate employee of the department a desire to cooperate with participation requirements must:

• Be assigned a cooperation period of two consecutive weeks;
• Complete a new or revised case plan, or agree to complete each activity in the current case plan.

The disqualification ends after the client participates for two consecutive weeks, at which time the cash benefits are restored. If the first day of the month occurs during the two consecutive weeks, benefits will be restored the day the client completed the two consecutive weeks. If the disqualified person demonstrates cooperation during this period, do not impose the disqualification penalty. You would count the month in which the disqualification penalty was to be imposed as a disqualification month.

On or after the date the disqualification was proposed to take effect:

A client who states to an appropriate employee of the department a desire to cooperate with participation requirements must:

• Be assigned a cooperation period of two consecutive weeks;
• Complete a new case plan before cash benefits are restored.

The disqualification ends after the client participates for two consecutive weeks. The grant is resorted effective the date the client completes the two consecutive week cooperation period.

Note:  Meet with a client indicating they want to cooperate as soon as possible.

Removing Disqualifications and Effect on Benefits: 461-130-0335
Domestic violence: 461-135-1200

Next steps in disqualification

When the applicant or recipient is re-engaged and a new instance of noncooperation occurs, the worker should make a minimum of two attempts to engage the client. If unsuccessful, the re-engagement process must be completed. New instance means that the applicant or recipient was re-engaged and subsequently failed to cooperate.

If the applicant or recipient has not re-engaged and the re-engagement process has been completed, the disqualification would continue to the next appropriate level.

In either situation, a re-engagement staffing must occur and be documented in TRACS prior to applying a disqualification that results in a reduction of benefits. When a notice is required, the re-engagement process is completed prior to the 10-day notice deadline.

2. Disqualification for Alcohol & Drug or Mental Health Noncooperation

   Use the following penalties (MQ1 - MQ4) when an adult member or parenting teen in the need group is exempt from JOBS disqualification but is required to participate in alcohol and drug or mental health treatment. If the adult member or parenting teen in the need group is JOBS mandatory, use the JOBS disqualification levels (DQ1 - DQ4).

   Penalties for not cooperating with alcohol and drug or mental health treatment program requirements are progressive. The re-engagement process as outlined in section 18 above is used to determine that the client was willfully noncompliant. The penalties for failing to cooperate with treatment are as follows:

   • The first level, which covers three months (DQ1 for JOBS Mandatory clients and MQ1 for clients exempt from JOBS disqualification), is the removal of the noncooperating client's needs from the cash grant; (i.e., the noncooperating member will not be included in the benefit group);
   • The second level, which is the fourth month, the family does not receive a cash grant;
   • At the end of the second level, the fourth month, TANF is closed for the entire need group. The client is not eligible for TANF benefits for two consecutive months, after which they must re-apply for TANF benefits;
   • Clients in Alcohol & Drug or Mental Health disqualification are still assumed eligible for MAA or MAF medical program benefits if they would otherwise be eligible for them.

Assumed Eligibility for Medical Programs: 461-135-0010
Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health; Disqualification and Penalties; Pre-TANF, REF, TANF: 461-135-0085
Demonstrating Compliance with Substance Abuse and Mental Health Requirements; Restoring Cash Benefits: 461-135-0089

Note:  DQs and MQs do not transfer to each other. If a client is at an MQ1 and becomes JOBS mandatory, the next level of disqualification would not be MQ2 but rather DQ1. This is true going the other way as well - from a DQ to an MQ.

Re-engagement staffing

Before applying each level of disqualification where there is a reduction in benefits, assess the client's family situation as outlined in the re-engagement process. Focus specifically on the potential impact of the disqualification on the health, safety and general well-being of the children. Community partners should be consulted as part of the family assessment. Before the final level of disqualification, the assessment should include a home visit and discussion of alternate resources available for the family to meet their needs. The results of the assessment must be narrated in the Re-engagement record on TRACS.

Send a timely continuing benefit decision notice if the grant is reduced, closed or the payment method changes.

Notice Situation; Disqualification: 461-175-0220

If a client who is exempt from Employment Program disqualification loses that exemption while serving an eligibility disqualification for Alcohol & Drug/Mental Health noncooperation, the client continues in the Alcohol & Drug/Mental Health disqualification until they cooperate.

Example 1:

Last month Joanne was not cooperating with the requirement for her to attend alcohol and drug treatment. At the time her child was under the age of two. The case worker tried to re-engage Joanne but the local team decided she was willfully noncompliant and applied a disqualification. Joanne had an MQ1 added to her Needs Resource on her case.

Example 2:

Joanne has continued not to cooperate and her case went to an MQ2 and is now an MQ3. Her child just turned 2 years of age and Joanne is no longer exempt from JOBS participation and disqualification. Question: Would the next level of disqualification be MQ4? Answer: No. Remember the MQs and DQs do not transfer. Joanne's next level of disqualification would be a DQ1. Question: Why would Joanne be a DQ1? Answer: Joanne would be a DQ1 instead of an MQ4 because she is now JOBS mandatory. The MQs she had acquired do not transfer to DQs.

Multiple Disqualifications, Changes in JOBS Status: TANF: 461-135-0200

End the disqualification when one of the following happens:

• The disqualification was applied in error. Do not count that disqualification;
• It becomes known that the failure to cooperate was based on previously unknown domestic violence issues;
• It becomes known that the failure to cooperate was based on an aspect of a previously known or unknown disability;
• A required accommodation or modification which would allow a disabled client to participate was not provided;
• The disqualified person is no longer a member of the household group. The disqualification follows the person;
• There is a break in TANF benefits. A break in benefits is when the family is not receiving TANF cash assistance because the TANF case is closed;
• The disqualified person demonstrates two consecutive weeks of cooperation and demonstrates a willingness to participate in treatment as required under OAR 461-135-0085.

F	SEE SECTION TANF F.25 (TF-F.25), EXAMPLES 1 AND 2 UNDER "A BREAK IN TANF BENEFITS...' PARAGRAPH.

Prior to the effective date of a proposed disqualification:

A client who states to an appropriate employee of the department a desire to cooperate with participation requirements must:

• Be assigned a cooperation period of two consecutive weeks;
• Demonstrate a willingness to participate in treatment as required under OAR 461-135-0085 if treatment is still required.

The disqualification ends after the client participates for two consecutive weeks and demonstrates a willingness to cooperate with the requirement to attend treatment, at which time the cash benefits are restored. If the first day of the month occurs during the two consecutive weeks, benefits will be restored the day the client completed the two consecutive weeks. You would count the month in which the disqualification penalty was to be imposed as a disqualification month.

Example 3: Roger has not been cooperating with his treatment plan. He does not have a disqualification at this time. The team staffing decided he did not have good cause. The disqualification will be applied the first of the following month. Roger contacts his worker after receiving a reduction notice and stated he wants to participate. Roger and his worker revise his case plan and he begins his two-week cooperation period on the 20th of the month. Roger completes his two weeks on the fourth of the following month. Question: What date would Roger's grant be restored? Answer: Rogers's grant would be restored to the fourth of the month. Question: Does the disqualification remain in the Needs Resource and Case Descriptor? Answer: The disqualification (DQ) is removed from the Needs Resource but remain in the Case Descriptor (history). Question: What if Roger began the two consecutive weeks of cooperation on the 10th of the month and finished on the 24th? Would there be a financial penalty on the first when the disqualification is applied? Answer: No. Roger completed the two consecutive weeks of cooperation prior to the disqualification being applied. Therefore, no monetary sanction would be applied. The disqualification (DQ) is removed from the Needs Resource but remains in the Case Descriptor (history).

On or after the date the disqualifiation was proposed to take effect:

A client who states to an appropriate employee of the department a desire to cooperate with participation requirements must:

• Be assigned a cooperation period of two consecutive weeks;
• Demonstrate a willingness to participate in treatment as required under OAR 461-135-0085 if treatment is still required.

The disqualification ends after the client participates for two consecutive weeks and demonstrates a willingness to participate in treatment as required by rule. The grant is resorted effective the date the client completes the two consecutive week cooperation period.

Example 4: Yolanda had been determined willfully noncompliant. Her disqualification will be applied on the first of the following month. Yolanda does not contact his worker until the fifth. The disqualification has already taken effect. She wants to re-engage in treatment. Yolanda and her worker develop a new plan. She begins her two-week cooperation period on the seventh of the month. She completes the two-consecutive week requirement on the 21st of the month. Question: When is Yolanda's grant restored? Answer: Yolanda's grant would be restored effective the 21st of the month. This is the day she completed her two weeks of cooperation.

Cooperation assignments must comply with the following:

For all levels of penalty, if an appropriate activity is not available within two consecutive weeks or there is a cost to the client, a client's statement of intent to cooperate will serve as the demonstration of cooperation.

In order to end a penalty imposed under OAR 461-135-0085, a client must state to an appropriate department employee a desire to cooperate with participation requirements and complete a cooperation period of two consecutive weeks. The client must demonstrate a willingness to participate in treatment required under OAR 461-135-0085 if treatment is still a requirement.

Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health; Disqualifications and Penalties; Pre-TANF, REF, TANF : 461-135-0085
Demonstrating Compliance with Substance Abuse and Mental Health Requirements; Restoring Cash Benefits: 461-135-0089

3. Counting the disqualification/noncooperation penalty months

   For Employment Program disqualification or penalty for failure to cooperate with substance abuse/mental health treatment, count as a month of disqualification any month in which the client is disqualified for even one day, and the month in which a disqualification would have become effective, if the client had not successfully demonstrated cooperation before the effective date per OAR 461-130-0335.

Disqualifications; Pre-TANF, REF, SNAP, TANF: 461-130-0330
Requirement to Attend an Assessment or Evaluation, or Seek Medically Appropriate Treatment for Substance Abuse and Mental Health; Disqualification and Penalties; Pre-TANF, REF, TANF : 461-135-0085

19. Penalty for failure to cooperate with support (cash and medical)
    • For applicants: denial of application for cash benefits for the entire family and medical benefits for the person who fails to cooperate;

    • For recipients: the net monthly cash benefit amount, after income deductions and reductions for JOBS noncooperation are applied (where applicable), shall be reduced by the following percentages:
      • - 25 percent for the first month following the month in which failure to cooperate is determined;

      • - 50 percent for the second month;

      • - 75 percent for the third month;

      • - 100 percent (total ineligibility for cash benefits) for the fourth and subsequent months.

    • The person who fails to cooperate with support requirements is ineligible for medical benefits.

    Note:

    There is no requirement to cooperate with child support (and no penalties for noncooperation) for recipients in the State Family Pre-SSI/SSDI program or those eligible for cash assistance as a two-parent household.

    Client Required To Help Department Obtain Support From Noncustodial Parent; TANF: 461-120-0340

    Send a basic decision notice if applicants are denied TANF due to failure to cooperate with child support programs. Send a timely continuing benefit decision notice for child support disqualification.

    Notice Situation; Disqualification: 461-175-0220

    
    

20. Ending DCS disqualification
    • End the support noncooperation penalties when the client cooperates by completing the necessary forms, providing requested information, scheduling an appointment with DCS, or taking whatever other actions are required to indicate cooperation or a determination of good cause has been made. Supplement the grant back to the date the client cooperated by taking whatever other actions were required to indicate cooperation.

    Client Required to Help Department Obtain Support From Noncustodial Parent; TANF: 461-120-0340
    Clients Required to Obtain Health Care Coverage and Cash Medical Support; CEM, EXT, GAM, MAA, MAF, OHP (except OHP-CHP), OSIPM, SAC: 461-120-0345

    
    

21. Pursuing assets

    No cash or medical benefits will be approved if clients fail to make a good faith effort to pursue assets or have good cause for not pursuing an asset.

    If an asset is not available the client would not be required to pursue.

    Example 1:

    Joshua is applying for TANF program benefits for himself and child. During the intake appointment, the case worker finds out that Joshua was injured in an auto accident and is unable to work for the next 60 days. Question: Would Joshua need to apply for unemploymentcompensation? Answer: No. Joshua would not be eligible for UC benefits because he is unable to work at this time. The asset would not be available.

    Example 2:

    Hillary and her two children are applying for TANF program benefits. Hillary is 20 years old and has no work history. Question: Should her case worker require her to apply for UC benefits? Answer: No. Hillary has no work history and therefore would have no UC benefits available.

    F	FOR INFORMATION ON NOTICES, SEE TANF SECTION O (TF O).

    
    

22. Penalty for not pursuing available assets
    • For applicants: denial of the application;

    • For recipients: termination of TANF cash and medical benefits after a timely continuous benefit decision notice is sent.

Requirement to Pursue Assets: 461-120-0330