1 people with disabilities and tanf disability navigators’ audio conference june 17, 2004 eileen...
TRANSCRIPT
1
People with Disabilities and TANF
Disability Navigatorsrsquo Audio Conference June 17 2004
Eileen P SweeneySenior FellowCenter on Budget and Policy Priorities820 First St NE Suite 510Washington DC 20002202-408-1080fax 202-408-1056sweeneycbpporgwwwcbpporg
2
1 What we know about people with disabilities in TANF
2 The ADA and Section 504 apply
3 Steps some states are taking to assist families with disabilities to move towards success
4 Developments on TANF reauthorization
3
1 What we know about people with disabilities and TANFbull The Urban Institutersquos national survey of current
welfare recipients foundbull 48 percent had either poor general or mental
health with 25 reporting poor general health and 35 reporting poor mental health
bull Overall for 32 percent either their health limited their work or they were in very poor mental health with 18 reporting that their health limits work and 22 reporting very poor mental health
4
There is a high incidence of people with mental impairments among parents on and off of TANF
bull National information from the Urban Institutebull over one-third of current recipients scored low
on a standard mental health scale while close to one-fourth scored in very poor mental health
bull approximately one-fifth of former recipients who were not working scored very poor on the mental health scale placing them in the bottom 10 percent nationwide
5
The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
bull 44 percent of TANF recipients reported having physical or mental impairments a proportion almost three times as high as among adults in the non-TANF population
bull 38 percent of TANF recipients in 1999 reported an
impairment severe enough that the individual was unable or needed help to perform one or more activities such as walking up a flight of stairs or keeping track of money and bills
6
GAO there are high numbers of parents with mental impairments on TANF
bull ldquoConsidering both severe and nonsevere impairments 29 percent of TANF adults reported a mental impairment such as frequent depression or anxiety or trouble concentratingrdquo
bull GAO notes that self-reporting probably results in underestimates of mental impairments and ldquohiddenrdquo impairments such as learning disabilities
7
GAO report citation
Welfare Reform More Coordinated Federal Effort Could Help States and Localities Move TANF Recipients with Impairments Toward Employment
GAO-02-37 October 2001 available at httpwwwgaogov
8
Some parents with disabilities have been sanctioned off of TANF
bull As many as one-fourth to one-half of parents who are no longer receiving TANF due to a sanction for failure to comply with the statersquos welfare rules indicate that they were unable to comply with the rules because of their disability health condition or illness
bull The studies suggest that others who face
learning disabilities or who have a low IQ find it difficult to understand and comply with the programrsquos rules
9
TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
10
2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
bull Section 504 and the Americans with Disabilities Act (ADA) apply
bull Lest there be any question the 1996 TANF law specifically incorporates the key federal civil rights laws
11
Common goals of TANF and ADA sect504 dovetail
bull Success in complying with the ADA and Section 504 can create exactly the types of results Congress your state legislators and state agency hope for in TANF
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
2
1 What we know about people with disabilities in TANF
2 The ADA and Section 504 apply
3 Steps some states are taking to assist families with disabilities to move towards success
4 Developments on TANF reauthorization
3
1 What we know about people with disabilities and TANFbull The Urban Institutersquos national survey of current
welfare recipients foundbull 48 percent had either poor general or mental
health with 25 reporting poor general health and 35 reporting poor mental health
bull Overall for 32 percent either their health limited their work or they were in very poor mental health with 18 reporting that their health limits work and 22 reporting very poor mental health
4
There is a high incidence of people with mental impairments among parents on and off of TANF
bull National information from the Urban Institutebull over one-third of current recipients scored low
on a standard mental health scale while close to one-fourth scored in very poor mental health
bull approximately one-fifth of former recipients who were not working scored very poor on the mental health scale placing them in the bottom 10 percent nationwide
5
The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
bull 44 percent of TANF recipients reported having physical or mental impairments a proportion almost three times as high as among adults in the non-TANF population
bull 38 percent of TANF recipients in 1999 reported an
impairment severe enough that the individual was unable or needed help to perform one or more activities such as walking up a flight of stairs or keeping track of money and bills
6
GAO there are high numbers of parents with mental impairments on TANF
bull ldquoConsidering both severe and nonsevere impairments 29 percent of TANF adults reported a mental impairment such as frequent depression or anxiety or trouble concentratingrdquo
bull GAO notes that self-reporting probably results in underestimates of mental impairments and ldquohiddenrdquo impairments such as learning disabilities
7
GAO report citation
Welfare Reform More Coordinated Federal Effort Could Help States and Localities Move TANF Recipients with Impairments Toward Employment
GAO-02-37 October 2001 available at httpwwwgaogov
8
Some parents with disabilities have been sanctioned off of TANF
bull As many as one-fourth to one-half of parents who are no longer receiving TANF due to a sanction for failure to comply with the statersquos welfare rules indicate that they were unable to comply with the rules because of their disability health condition or illness
bull The studies suggest that others who face
learning disabilities or who have a low IQ find it difficult to understand and comply with the programrsquos rules
9
TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
10
2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
bull Section 504 and the Americans with Disabilities Act (ADA) apply
bull Lest there be any question the 1996 TANF law specifically incorporates the key federal civil rights laws
11
Common goals of TANF and ADA sect504 dovetail
bull Success in complying with the ADA and Section 504 can create exactly the types of results Congress your state legislators and state agency hope for in TANF
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
3
1 What we know about people with disabilities and TANFbull The Urban Institutersquos national survey of current
welfare recipients foundbull 48 percent had either poor general or mental
health with 25 reporting poor general health and 35 reporting poor mental health
bull Overall for 32 percent either their health limited their work or they were in very poor mental health with 18 reporting that their health limits work and 22 reporting very poor mental health
4
There is a high incidence of people with mental impairments among parents on and off of TANF
bull National information from the Urban Institutebull over one-third of current recipients scored low
on a standard mental health scale while close to one-fourth scored in very poor mental health
bull approximately one-fifth of former recipients who were not working scored very poor on the mental health scale placing them in the bottom 10 percent nationwide
5
The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
bull 44 percent of TANF recipients reported having physical or mental impairments a proportion almost three times as high as among adults in the non-TANF population
bull 38 percent of TANF recipients in 1999 reported an
impairment severe enough that the individual was unable or needed help to perform one or more activities such as walking up a flight of stairs or keeping track of money and bills
6
GAO there are high numbers of parents with mental impairments on TANF
bull ldquoConsidering both severe and nonsevere impairments 29 percent of TANF adults reported a mental impairment such as frequent depression or anxiety or trouble concentratingrdquo
bull GAO notes that self-reporting probably results in underestimates of mental impairments and ldquohiddenrdquo impairments such as learning disabilities
7
GAO report citation
Welfare Reform More Coordinated Federal Effort Could Help States and Localities Move TANF Recipients with Impairments Toward Employment
GAO-02-37 October 2001 available at httpwwwgaogov
8
Some parents with disabilities have been sanctioned off of TANF
bull As many as one-fourth to one-half of parents who are no longer receiving TANF due to a sanction for failure to comply with the statersquos welfare rules indicate that they were unable to comply with the rules because of their disability health condition or illness
bull The studies suggest that others who face
learning disabilities or who have a low IQ find it difficult to understand and comply with the programrsquos rules
9
TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
10
2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
bull Section 504 and the Americans with Disabilities Act (ADA) apply
bull Lest there be any question the 1996 TANF law specifically incorporates the key federal civil rights laws
11
Common goals of TANF and ADA sect504 dovetail
bull Success in complying with the ADA and Section 504 can create exactly the types of results Congress your state legislators and state agency hope for in TANF
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
4
There is a high incidence of people with mental impairments among parents on and off of TANF
bull National information from the Urban Institutebull over one-third of current recipients scored low
on a standard mental health scale while close to one-fourth scored in very poor mental health
bull approximately one-fifth of former recipients who were not working scored very poor on the mental health scale placing them in the bottom 10 percent nationwide
5
The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
bull 44 percent of TANF recipients reported having physical or mental impairments a proportion almost three times as high as among adults in the non-TANF population
bull 38 percent of TANF recipients in 1999 reported an
impairment severe enough that the individual was unable or needed help to perform one or more activities such as walking up a flight of stairs or keeping track of money and bills
6
GAO there are high numbers of parents with mental impairments on TANF
bull ldquoConsidering both severe and nonsevere impairments 29 percent of TANF adults reported a mental impairment such as frequent depression or anxiety or trouble concentratingrdquo
bull GAO notes that self-reporting probably results in underestimates of mental impairments and ldquohiddenrdquo impairments such as learning disabilities
7
GAO report citation
Welfare Reform More Coordinated Federal Effort Could Help States and Localities Move TANF Recipients with Impairments Toward Employment
GAO-02-37 October 2001 available at httpwwwgaogov
8
Some parents with disabilities have been sanctioned off of TANF
bull As many as one-fourth to one-half of parents who are no longer receiving TANF due to a sanction for failure to comply with the statersquos welfare rules indicate that they were unable to comply with the rules because of their disability health condition or illness
bull The studies suggest that others who face
learning disabilities or who have a low IQ find it difficult to understand and comply with the programrsquos rules
9
TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
10
2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
bull Section 504 and the Americans with Disabilities Act (ADA) apply
bull Lest there be any question the 1996 TANF law specifically incorporates the key federal civil rights laws
11
Common goals of TANF and ADA sect504 dovetail
bull Success in complying with the ADA and Section 504 can create exactly the types of results Congress your state legislators and state agency hope for in TANF
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
5
The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
bull 44 percent of TANF recipients reported having physical or mental impairments a proportion almost three times as high as among adults in the non-TANF population
bull 38 percent of TANF recipients in 1999 reported an
impairment severe enough that the individual was unable or needed help to perform one or more activities such as walking up a flight of stairs or keeping track of money and bills
6
GAO there are high numbers of parents with mental impairments on TANF
bull ldquoConsidering both severe and nonsevere impairments 29 percent of TANF adults reported a mental impairment such as frequent depression or anxiety or trouble concentratingrdquo
bull GAO notes that self-reporting probably results in underestimates of mental impairments and ldquohiddenrdquo impairments such as learning disabilities
7
GAO report citation
Welfare Reform More Coordinated Federal Effort Could Help States and Localities Move TANF Recipients with Impairments Toward Employment
GAO-02-37 October 2001 available at httpwwwgaogov
8
Some parents with disabilities have been sanctioned off of TANF
bull As many as one-fourth to one-half of parents who are no longer receiving TANF due to a sanction for failure to comply with the statersquos welfare rules indicate that they were unable to comply with the rules because of their disability health condition or illness
bull The studies suggest that others who face
learning disabilities or who have a low IQ find it difficult to understand and comply with the programrsquos rules
9
TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
10
2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
bull Section 504 and the Americans with Disabilities Act (ADA) apply
bull Lest there be any question the 1996 TANF law specifically incorporates the key federal civil rights laws
11
Common goals of TANF and ADA sect504 dovetail
bull Success in complying with the ADA and Section 504 can create exactly the types of results Congress your state legislators and state agency hope for in TANF
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
6
GAO there are high numbers of parents with mental impairments on TANF
bull ldquoConsidering both severe and nonsevere impairments 29 percent of TANF adults reported a mental impairment such as frequent depression or anxiety or trouble concentratingrdquo
bull GAO notes that self-reporting probably results in underestimates of mental impairments and ldquohiddenrdquo impairments such as learning disabilities
7
GAO report citation
Welfare Reform More Coordinated Federal Effort Could Help States and Localities Move TANF Recipients with Impairments Toward Employment
GAO-02-37 October 2001 available at httpwwwgaogov
8
Some parents with disabilities have been sanctioned off of TANF
bull As many as one-fourth to one-half of parents who are no longer receiving TANF due to a sanction for failure to comply with the statersquos welfare rules indicate that they were unable to comply with the rules because of their disability health condition or illness
bull The studies suggest that others who face
learning disabilities or who have a low IQ find it difficult to understand and comply with the programrsquos rules
9
TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
10
2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
bull Section 504 and the Americans with Disabilities Act (ADA) apply
bull Lest there be any question the 1996 TANF law specifically incorporates the key federal civil rights laws
11
Common goals of TANF and ADA sect504 dovetail
bull Success in complying with the ADA and Section 504 can create exactly the types of results Congress your state legislators and state agency hope for in TANF
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
7
GAO report citation
Welfare Reform More Coordinated Federal Effort Could Help States and Localities Move TANF Recipients with Impairments Toward Employment
GAO-02-37 October 2001 available at httpwwwgaogov
8
Some parents with disabilities have been sanctioned off of TANF
bull As many as one-fourth to one-half of parents who are no longer receiving TANF due to a sanction for failure to comply with the statersquos welfare rules indicate that they were unable to comply with the rules because of their disability health condition or illness
bull The studies suggest that others who face
learning disabilities or who have a low IQ find it difficult to understand and comply with the programrsquos rules
9
TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
10
2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
bull Section 504 and the Americans with Disabilities Act (ADA) apply
bull Lest there be any question the 1996 TANF law specifically incorporates the key federal civil rights laws
11
Common goals of TANF and ADA sect504 dovetail
bull Success in complying with the ADA and Section 504 can create exactly the types of results Congress your state legislators and state agency hope for in TANF
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
8
Some parents with disabilities have been sanctioned off of TANF
bull As many as one-fourth to one-half of parents who are no longer receiving TANF due to a sanction for failure to comply with the statersquos welfare rules indicate that they were unable to comply with the rules because of their disability health condition or illness
bull The studies suggest that others who face
learning disabilities or who have a low IQ find it difficult to understand and comply with the programrsquos rules
9
TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
10
2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
bull Section 504 and the Americans with Disabilities Act (ADA) apply
bull Lest there be any question the 1996 TANF law specifically incorporates the key federal civil rights laws
11
Common goals of TANF and ADA sect504 dovetail
bull Success in complying with the ADA and Section 504 can create exactly the types of results Congress your state legislators and state agency hope for in TANF
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
9
TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
10
2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
bull Section 504 and the Americans with Disabilities Act (ADA) apply
bull Lest there be any question the 1996 TANF law specifically incorporates the key federal civil rights laws
11
Common goals of TANF and ADA sect504 dovetail
bull Success in complying with the ADA and Section 504 can create exactly the types of results Congress your state legislators and state agency hope for in TANF
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
10
2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
bull Section 504 and the Americans with Disabilities Act (ADA) apply
bull Lest there be any question the 1996 TANF law specifically incorporates the key federal civil rights laws
11
Common goals of TANF and ADA sect504 dovetail
bull Success in complying with the ADA and Section 504 can create exactly the types of results Congress your state legislators and state agency hope for in TANF
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
11
Common goals of TANF and ADA sect504 dovetail
bull Success in complying with the ADA and Section 504 can create exactly the types of results Congress your state legislators and state agency hope for in TANF
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
12
HHS OCR Guidance on TANF and the ADAsect504
Available at httpwwwhhsgovocrprohibitionhtml
Worth reading regularly and sharing ndash provides helpful context for thinking about people with disabilities in TANF also provides helpful information about best practices
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
13
The Guidance
bull Spells out what the ADA and Section 504 require
bull Makes clear that there may be different ndashand equally legal ndash ways of ensuring that discrimination based on disability does not occur
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
14
Two key principles of ADA and Section 504
bull Individualized treatment
bull Effective and meaningful opportunity
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
15
Individualized treatment
bull Requires that individuals with disabilities be treated on a case-by-case basis consistent with facts and objective evidence
bull Individuals with disabilities may not be treated on the basis of generalizations and stereotypes
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
16
Effective amp meaningful opportunity
bull Individual with disabilities must be afforded the opportunity to benefit from TANF programs that is as effective as the opportunity the TANF agency affords to individuals who do not have disabilities and must also be afforded ldquomeaningful accessrdquo to TANF programs
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
17
To implement these two principles there are three key legal requirements
bull Ensure equal access through the provision of appropriate services
bull Modify policies practices and procedures to provide such access
bull Adopt non-discriminatory methods of administration
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
18
In the context of TANF
These rules apply to
-- a caretaker relative with a disability
-- family members with a disability (for example a child or spouse)
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
19
These rules need to be infused into everything State and County TANF offices do in all policies and practices
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
20
These rules apply no matter what the personrsquos position
bull Policy makerpolicy implementer
bull Office managersupervisor
bull Case worker
bull Receptionist
bull Security officer
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
21
bull The person who designs the statersquos or Countyrsquos notices and signage
bull Employment or jobs specialist
bull Trainertrainee
bull Contract procurement specialist
bull Contractor with the State or County
bull Employees of any other State or County agency
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
22
The rules also apply more globally in how the agency functions
bull how the agency thinks about each and every policy it has that affects the people the agency serves and their families
bull contents of noticesbull signage about rightsbull terms included in contracts with private
providers or other public agencies to provide services
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
23
The important role of reasonable accommodations
bull Must happen at throughout agency and at each level of the agency mdash built into policies
bull Staff must have the discretion (and authority) to design accommodations on a case-by-case basis taking into account the individualrsquos disability (And staff need to know they have this authority)
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
24
bull Contractors must know that they can make the changes needed to serve the person with a disability mdash and that the state or county will pay them
bull Important to talk with the person to see what he or she thinks will work mdash what he or she needs to succeed
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
25
What kinds of steps are reasonable accommodations
bull Allowing an individual to do work activities part-time or during flexible hours
bull Providing support services such as equipment a job coach or a tutor
bull Placing a person in ldquoinactive statusrdquo if necessary to allow the individual to participate in health mental health or substance abuse treatment or rehabilitation services if the individual chooses to do so
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
26
bull Providing the individual with work activities in a specific work environment (including indoor work work in a quiet area) that enables the individual to participate in work activities
bull Providing the individual with particular types of jobs or work activities that are consistent with the individualrsquos limitations such as work that requires limited standing or lifting or that involves limited contact with the public
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
27
Clients must be allowed to do things at different timesplaces or for a different amount of time when needed because of a disability Some examples
ndash If the person has a disability and canrsquot come to the agency for the application interview a home visit must be provided
ndash Allowing a client to reschedule a fair hearing when there is good cause (including a disability-related reason)
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
28
ndash A person can ask for an application on someone elsersquos behalf (ie someone who canrsquot come to the office for a disability-related reason) and the agency must give it to the person asking for it or mail it to the person who wants to apply
ndash If a client has a disability and can do some work assigning the person to a particular work environment (ie indoors) is an accommodation to which a client may be entitled
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
29
ndash Assessment interview must be scheduled at a time that doesnrsquot conflict with medicalmental health treatment
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
30
Clients must be allowed to do less of something or to do something for fewer hours or to not do it at all when needed because of a disability Such as
bull If a client has a disability or is a caretaker for a household member with a disability but is able to do some work part-time work is an accommodation to which a client may be entitled
bull Number of job contacts during a job search must be determined on an individual basis mdash disability the disability of a household member and Limited English Proficiency must be taken into account when determining the number
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
31
bull Reduced number of job contacts is a reasonable modification
bull Waiver of job search in addition to part time employment is a reasonable accommodation
bull Waiver of job search or job club if it would be futile for a person with a disability
bull Working less than 30 hours if needed for a disability-related reason
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
32
Caring for a family member with a disability can affect workbull An individual who is needed on a substantially
continuous basis to care for a child or other member of the household with a disability is not going to be able to work outside the home
bull If the care needed is part-time then the person may be able to do part-time work activities however it will be important to ensure that the hours involved are compatible with the need to care for the family member with a disability
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
33
Agency staff must think about whether a disability is involved at all times but especially whenever
bull There is an issue of intentbull There is an issue of non-compliance or
lack of cooperationbull There is a question about failure to appear
for an appointmentbull Whether the person has ldquogood causerdquo for
acting or failing to act
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
34
bull The worker has any suspicion that a person may have a health condition or be caring for a person with a health condition
bull A person can not read or write
bull Evidence the worker has requested has not been provided
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
35
bull When assessing whether a family knew or should have known (and when they knew or should have known) that receipt of funds or a change in circumstances would affect their eligibility for or the amount of their benefits staff must assess whether the person has a disability that makes it likely that the person did not understand the consequences of receipt of the payment or of failure to report the payment or change in circumstances
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
36
The worker must keep in contact with the client once she has been assigned to a work activity to make sure itrsquos appropriate
One sign that may indicate that the activity isnrsquot appropriate is a clientrsquos statement that she is struggling due to a health- or disability-related reason
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
37
If it the activity is not appropriate the worker should rectify the problem mdash possible actions include
mdash reassigning the client to another work activity mdash revising the hours days or times of day of the
work activity mdash revising the conditions under which the activity
is performed mdash determining that participation is not currently
feasible
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
38
bull ldquoSink or swimrdquo isnrsquot consistent with the ADA and Section 504 (It does not ensure effective and meaningful opportunity to participate) If the worker thinks that a person may be able to work but has questions related to disability the worker needs to ensure that the supports and services are in place to help the person succeed AND the worker needs to keep track of how the person is doing
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
39
3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
bull At the beginning of welfare reform ldquowork firstrdquo approach
bull People labeled as ldquohard to serverdquo mdash welfare offices had simply exempted people in the past and then often ignored them
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
40
bull Same folks with disabilities that others mdash particularly organizations and agencies that have been working with people with disabilities mdash know how to help to gain greater independence
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
41
Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
bull Recognize that there are many people with barriers including disabilities on TANF
bull See people cycling back onto TANF
bull Know that many who leave TANF are not working and do not receive SSI
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
42
bull Realize that many who are being sanctioned do not understand how to comply the consequences of failing to comply or have the ability to comply
bull When better policies and procedures are put in place up-front states see reductions in sanctions rates (and increased compliance)
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
43
Examples of policies and practices
bull Pre- and post-sanction policiesbull Improved up-front processes
bull States and counties need both while there is an important role for programs that focus on families about to be sanctioned or who have been recently sanctioned better up-front procedures can lessen the numbers of families who are out of compliance in the first place
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
44
bull States such as Iowa Tennessee Maine Vermont Kentucky Arizona Oregon and Utah have procedures that help to identify the barriers a person may have earlier in the process so that the state can help the person get the services and supports needed to be able to move successfully into a work setting
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
45
bull As we go through you will see ways in which you as Disability Program Navigators might be able to facilitate the process and help TANF recipients with disabilities to get the services and supports they need to move to the next step(s) towards greater self-sufficiency
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
46
bull Also I have omitted information about the Vermont program because Michael Collins will be talking about VT on this call
bull You should note that the data from VT is impressive
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
47
Tennessee
Studies in TN were showing
bull Caseload decline of 34889 families during the first 16 months of welfare reform (996 through 1297)
bull Less than 30 percent of case closures were because the parentcaretaker was working
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
48
bull Majority of those whose cases were closed for reasons other than a job (ie request case closure failed to comply with the rules) did not have work income
bull Less than 42 percent of those sanctioned had any work income
bull 34 percent of sanctioned families said they were not able to pay the rent and 32 percent were not able to pay for utilities
bull 34 percent of those sanctioned for failure to sign a personal responsibility contract reported they did not understand what they would have to do to comply with the plan
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
49
TN Customer Service Reviews
bull TNrsquos first step was to create the Customer Service Reviews in January 1998
bull The purposes of the review are
ndash to check that the state is following its policiesndash to give the parent another chance to come
into compliance with the statersquos rules
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
50
CSR changed TNrsquos results
bull During 1999 bull About one-third of families whom the caseworker
said should receive full-family sanctions ultimately were not sanctioned after the CSR
bull In 70 percent of these cases the parents came into compliance
bull In the other 30 percent reviewers found errors in the caseworkerrsquos application of the sanction policies
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
51
bull In addition there was a reduction in the number of initial determinations to impose a sanction as the signals to caseworkers changed and they were encouraged to more completely assess their clientrsquos needs
bull But sanction review alone was not enough
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
52
TNrsquos Family Services Counseling Program for Persons with Special Needs
bull TN Department of Human Services began this program in February 2000
bull The program provides intensive counseling and advocacy for families with special needs
bull Needs can include mental impairments learning disabilities physical or mental impairments of the children domestic violence or substance abuse
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
53
TN contracted to hire 100+ masters level social workers
bull State contracted with non-profit agencies to hire the social workers known as Family Services Counselors (FSCs) They are spread throughout the state
bull Each FSC had a caseload of 30 to 40 families bull The state also contracted through the Department of
Health with 25 substance abuse treatment agencies across the state to provide treatment that is not available through Tenn Care (the statersquos Medicaid program)
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
54
bull Any Families First (TANF) participant can request to see the FSC While it is voluntary the state also can suggest that a family see the FSC such as when families are about to be sanctioned
bull Families do not have to say why they want to see the FSC And almost all information (except evidence of child abuse or of facts that affect eligibility for the state program such as unreported income) is kept confidential with the FSC ndash it does not go back to the caseworker
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
55
The FSC has important responsibilities and authoritybull Uses a screening tool and follow-up questions to
learn the problems the person faces bull Develops a plan to address these needs bull Can exempt families from time limits bull Can modify the number of hours that a family
has to participate in activities and can createrequire different activities than those normally required
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
56
bull The FSC can order needed testing including psychological testing
bull They are to act like advocates for the families
bull They can assist persons to apply for SSI and DI benefits
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
57
The TN FSC program has helped many families with barriers enter employment
bull Generally only 14 percent of the families who enter the FSC program are working at the time they enter FSC
bull However close to half of the families the successfully complete the program become employed
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
58
Iowa
bull In Iowa the state has a strong up-front assessment process coupled with a willingness to address barriers that do not manifest themselves until later in the process that has lead to greater compliance and a dramatic decline in the number of families being sanctioned
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
59
bull The average time for a family to be enrolled in Iowarsquos FaDDS program designed to help families address barriers to work and move to work is 16 months
bull During this time the family is engaged in activities that may not meet the work requirement but which the state has determined will help to address the familyrsquos barriers and move them on the road to greater self-sufficiency
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
60
Pennsylvania
bull Joint effort of PA Dept of Human Services and Congreso de Latinos Unidos a community organization in Philadelphia
bull Has ended but PA recently established new state-wide program
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
61
bull Provided intensive services to non-compliant families facing sanctions many of whom do not speak English as their first language with the goal of helping them to understand the sanction process and assisting them to come into compliance Teams conducted home visits to explain the sanction process what it takes to comply and the resources they had to assist in finding a job or work activity Staff accompanied the family to meetings with the state agency to make sure all went smoothly and the family understood what they were being told They provided follow-up contacts
bull From 699 - 200 81 of families referred to the
program were no longer at risk of sanction Post-sanction supports were provided to the other 19 to help them to come into compliance
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
62
New PA sanction policy
bull Community Connection Initiative (CCI)bull About a year ago advocates became concerned
that the number of sanctions was increasing and 88 families had been permanently barred from ever participating in TANF (for a third sanction)
bull A study commissioned by PA confirmed that many of those being sanctioned for failure to participate in work activities had good reasons For some sanction imposed after one missed appointment even though there had been an illness or family emergency
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
63
bull Under new policy (in 2004) in counties with large or medium caseloads state will allow a grassroots partner agency to intervene and try to figure out if there is a problem and what can be done to resolve it
bull No sanction may take place until the CCI contractor has tried to contact the family and resolve any barriers to compliance
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
64
bull In smaller jurisdictions the PA DPW (TANF) staff fill this role
bull PA policy also now provides that sanctions are extremely serious and are to be used ldquoonly as a last resortrdquo since they donrsquot contribute to self-sufficiency
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
65
Kentucky
bull Kentucky funded a clinical program the Targeted Assessment Project to identify and address significant barriers to self-sufficiency among TANF recipients
bull The project places 32 Targeted Assessment Specialists on-site at public assistance and child protective services offices in 18 communities to conduct assessment pre-treatment and follow-up services focused on mental health domestic violence substance abuse and learning problems
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
66
bull The specialists are employed by the University of Kentucky and are experienced professionals who seek to identify the clientrsquos unique circumstances and combination of barriers and devise a customized plan for overcoming those barriers
bull The specialists then work with the clients and case managers to facilitate appropriate referrals and client follow-through with recommended services
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
67
bull 87 percent of the clients assessed over an 18 month period in 2000-2001 had at least one significant barrier while many had more than one 67 percent had significant mental health problems alone or in combination with domestic violence substance abuse andor learning problems
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
68
bull Of those assessed with a mental health problem 73 percent indicated they were not receiving services to address the problem and 44 percent said they had never received services
The Targeted Assessment Project and TANF Reauthorization Preliminary Client Data July 1 2000 to December 31 2001 prepared by the University of Kentucky Institute on Women and Substance Abuse and Center on Drug and Alcohol Research for the Kentucky Cabinet for Families and Children May 2002
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
69
Oregon
bull Oregon allows recipients to participate in a range of intensive mental health and substance abuse services to meet the statersquos TANF work requirement
bull Mental health staff are co-located in the TANF agency and can modify individual responsibility plans based on a familyrsquos circumstances
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
70
bull The types of activities and number of required hours can vary according to the severity of the participantrsquos condition
bull Mental health services can include a combination of individual counseling and group therapy These activities can take months to complete
bull The Oregon program focuses on gradually moving participants into more work-focused activities
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
71
bull Often recipients are placed in additional activities while in mental health or substance abuse treatment such as life-skills training or employment preparation workshops Some participants work part-time while participating in mental health or substance abuse services
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
72
New Mexico
bull Modified its work participation requirements for individuals whose disabilities require modification in work activities but are not so severe to qualify the person for exemption under the statersquos rules
bull Assessment is a key elementbull Allows for modified work plans ndash greater
flexibility regarding the types of activities and numbers of hours of participation required
bull Some of the time can be in specialized training or therapeutic activities
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
73
Arizona
bull In mid-2000 AZ implemented a policy of providing home visits through the Employment Transitions Program to families before they were sanctioned
bull The strategy was designed to help families understand why they were being sanctioned and what they needed to do to come into compliance to avoid sanction
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
74
bull Families were referred to community assistance before a first sanction
bull After these changes the sanction rate fell by half
6 Lessons Learned 6 Years Later Arizona Network for Community Responsibility August 2002
httpwwwazchildrenorgcaa_mainpagestPublications_6_year_lessons_pdf
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
75
Mesa County Colorado
bull Colorado has devolution to the countiesbull Sanction rate in Mesa County is very lowbull Key = pre-sanction review process for all
familiesbull Parents referred to a social worker outside the
agency who assesses reasons for non-compliance changes the individualrsquos plan to better reflect needs and barriers
bull Offers services necessary to address barriers
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
76
California
bull If a person is about to be sanctioned and has not been tested for a learning disability the CA regulations require that the county offer LD testing prior to imposing a sanction
bull San Francisco County contracts with legal aid to help remove clientrsquos legal barriers to work (fines penalties bars on driving etc)
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
77
4 Developments on TANF reauthorization
bull What is most surprising is that the Administration and many in Congress still donrsquot think of TANF as serving people with disabilities
bull As a result they have not designed their proposals to address the needs of parents and children with disabilities in TANF
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
78
How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
bull Because the Presidentrsquos proposals do not increase funding and significantly restrict statesrsquo flexibility in how they design their TANF programs people with disabilities in TANF are very likely to face even bigger obstacles to getting help in TANF than they do now
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
79
Where do things stand in Congress right nowbull The 1996 law had been set to expire at the end
of Fiscal Year 2002 (September 30 2002) bull However it has received short extensions since
then while awaiting a complete reauthorizationbull The current extension continues the program
through June 30 2004 bull Before then Congress will either pass a TANF
reauthorization law another short extension or something in-between
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
80
House of Representatives
bull The House of Representatives passed its bill HR 4 on February 13 2003 The vote was 230-192
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
81
Senate
bull The Finance Committee marked up its bill also known as HR 4 in September 2003
bull The full Senate began consideration of the bill in March 2004 and passed an important amendment increasing the funds available for child care assistance
bull However the bill had to be pulled when the parties could not agree on how to proceed with other amendments
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
82
bull It is possible that the Senate will consider the bill this month but itrsquos also possible that there may be some form of another extension instead
bull The next few slides describe some of the key issues for people with disabilities in the TANF reauthorization bills
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
83
Important questions for families with disabilities
1 What does ldquouniversal engagementrdquo mean
2 Hours
of hours required
credit for partial work
what counts as work activity
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
84
Assessments
Current law
State must conduct an initial assessment of skills prior work experience and employability within 30 days of a recipientrsquos enrollment in TANF
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
85
House bill
Similar to current law
Senate Finance bill
Similar but also requires screening and assessing for work barriers work supports other assistance and family support services well-being of children
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
86
Universal engagement
Current law
States must ensure that adults are ldquoengaged in workrdquo as determined by the state within 24 months
State option to develop Individual Responsibility Plans for recipients
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
87
House bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment Plan must detail work activities
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
88
Senate Finance bill
States must develop self-sufficiency plans for all parents and caretakers receiving assistance within 60 days of TANF enrollment
States must outline in TANF plan how they intend to require parents and caregivers to engage in work or other sufficiency activities
Each plan must contain activities designed to assist the family achieve their maximum degree of self-sufficiency supportive services that the state intends to provide steps to promote child well-being and information on work support assistance for which the family may be eligible
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
89
Work participation rates
Current law 50 FY 2003 and later
(important role of caseload reduction credit)
House bill 55 FY 2005 60 FY 2006 65 FY 2007 70 FY 2008
Senate Finance bill same as House
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
90
Participation rate credit
Current law caseload reduction credit (CRC)
House bill retains CRC but bases it only on recent declines in caseload
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
91
Senate Finance bill
Replaces with an employment credit
mdash of families employed after leaving cash assistance
mdash larger credit families whigher earnings
mdash state can include families who received short-term benefits and earned at least $1000 in quarter after receiving the benefit or TANF-funded child care or transportation subsidies
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
92
mdash credits are capped and can not reduce a statersquos work rate by more than specified amounts (40 in FY2004 declining to 20 in FY 2008)
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
93
Hours of participation
Current law 30 hoursweek
if child under age 6 20 hoursweek
no partial credit for families engaged in work activity but for fewer hours
House bill 160 hoursmonth regardless of childrsquos age
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
94
Senate Finance bill 34 hoursweek
if child is under age 6 24 hours
partial credit for single parents who
participate for 20+ hours
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
95
What counts as work
Current law
Primary work activity first 20 hours
paid or unpaid work including OJT work experience and community service
vocational educational training (12 months)
job search (6 weeks)
providing child care for other participants
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
96
Secondary mdash hours over 20 can be
any of the above
job skills training
education related to employment
satisfactory secondary school attendance
or participation in GED classes
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
97
House bill 24 hours and limits countable activities to
paid or unpaid work including OJT supervised work experience supervised community service
may count other ldquoqualified activitiesrdquo (state decides) for only 3 months in any 24 month period
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
98
Senate Finance bill primary 24 hours
primary activities under current law
certain ldquobarrier removalrdquo activities and education activities up to 6 months in a 24 month period
in months 4-6 barrier removal activities must be combined with some work or work readiness activities
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
99
After first 24 hours of work activity can count
current law plus substance abuse
counseling or treatment
programs designed to remove barriers
post-secondary education
adult literacy programs or activities
programs covered under a waiver
approved for any state after 82296
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
100
And under Senate Finance bill a state may deem a single parent caring for a child with a disability or adult relative with a disability to meet all or part of the work requirement (There are certain documentation rules that will apply)
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
101
S 1523 The Pathways to Independence Act of 2003
bull Important development July 2003
bull Bipartisan Senators Smith (R-OR) Jeffords (I-VT) Conrad (D-ND) Collins (R-ME) and Chafee (R-RI)
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
102
S1523 provides
bull States can count as work activity caring for a child with a disability or an adult relative with a disability
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
103
bull Rehab services count as work activity according to the following rules
First 3 months all
Second 3 months must do ldquosomerdquo work activity too
(continued rarr)
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
104
bull After six months
Builds on partial work credits in Senate Finance bill
If a person is determined to need rehab services beyond six months up to frac12 of required hours can be in rehab services so long as at least frac12 of required hours are in work activities
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
105
Improvements included in the Senate Finance bill that are important to people with disabilities
bull Allows states to count as work the time that a caretaker relative spends caring for a child with disabilities or an adult relative with disabilities (amendment by Senator Conrad)
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
106
bull Rehab services can count as work for 6 months not three (amendments by Senators Hatch and Jeffords)
bull There also is modest language saying that a state has to review the personrsquos individual responsibility plan prior to imposing a sanction and make a good faith effort to meet with the person (amendments by Senators Hatch and Kerry)
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
107
bull So two parts of S 1523 are included in the Senate Finance bill caring for a child or adult relative with a disability and allowing rehab services to count for up to 6 months
bull Advocates for people with disabilities are working to get the last piece of S 1523 mdash give states ability to go beyond six months on rehab services where needed
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
108
S Amendment 2965
bull Introduced by Senator Jeffords (I-VT) on March 31 2004 (see page S3471 Congressional Record)
bull Co-sponsored by Senators Smith (R-OR) Collins (R-ME) Chafee (R-RI) Rockefeller (D-WV) and Landrieu (D-LA)
bull With some modifications in language like S 1523 seeks to give states the ability to count rehabilitative services as work activity for people with disabilities beyond six months
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
109
bull Senators were required to file their proposed amendments during the last debate No action was taken on most amendments before consideration of the bill was suspended
bull The Senate may consider this amendment if it resumes consideration of welfare reauthorization
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-
110
bull Important role of the CCD TANF Task Force of the Consortium for Citizens with Disabilities
bull CCD website wwwc-c-dorg
- People with Disabilities and TANF Disability Navigatorsrsquo Audio Conference June 17 2004
- PowerPoint Presentation
- 1 What we know about people with disabilities and TANF
- There is a high incidence of people with mental impairments among parents on and off of TANF
- The General Accounting Office has confirmed that high numbers of parents on TANF have disabilities
- GAO there are high numbers of parents with mental impairments on TANF
- Slide 7
- Some parents with disabilities have been sanctioned off of TANF
- TANF programs serve many families with severe disabilities mdash policies and practices need to be responsive to this important fact
- 2 States and counties are legally obligated to comply with the federal civil rights laws in TANF
- Common goals of TANF and ADA sect504 dovetail
- HHS OCR Guidance on TANF and the ADAsect504
- The Guidance
- Two key principles of ADA and Section 504
- Individualized treatment
- Effective amp meaningful opportunity
- To implement these two principles there are three key legal requirements
- In the context of TANF
- These rules need to be infused into everything State and County TANF offices do in all policies and practices
- These rules apply no matter what the personrsquos position
- Slide 21
- The rules also apply more globally in how the agency functions
- The important role of reasonable accommodations
- Slide 24
- What kinds of steps are reasonable accommodations
- Slide 26
- Slide 27
- Slide 28
- Slide 29
- Slide 30
- Slide 31
- Caring for a family member with a disability can affect work
- Agency staff must think about whether a disability is involved at all times but especially whenever
- Slide 34
- Slide 35
- Slide 36
- Slide 37
- Slide 38
- 3 Steps some states are taking to identify and address the needs of people with disabilities on TANF
- Slide 40
- Over time state TANF programs have tended to modify their ldquowork firstrdquo approaches
- Slide 42
- Examples of policies and practices
- Slide 44
- Slide 45
- Slide 46
- Tennessee
- Slide 48
- TN Customer Service Reviews
- CSR changed TNrsquos results
- Slide 51
- TNrsquos Family Services Counseling Program for Persons with Special Needs
- TN contracted to hire 100+ masters level social workers
- Slide 54
- The FSC has important responsibilities and authority
- Slide 56
- The TN FSC program has helped many families with barriers enter employment
- Iowa
- Slide 59
- Pennsylvania
- Slide 61
- New PA sanction policy
- Slide 63
- Slide 64
- Kentucky
- Slide 66
- Slide 67
- Slide 68
- Oregon
- Slide 70
- Slide 71
- New Mexico
- Arizona
- Slide 74
- Mesa County Colorado
- California
- 4 Developments on TANF reauthorization
- How would provisions in the Presidentrsquos welfare proposal affect people with disabilities
- Where do things stand in Congress right now
- House of Representatives
- Senate
- Slide 82
- Important questions for families with disabilities
- Assessments
- Slide 85
- Universal engagement
- Slide 87
- Slide 88
- Work participation rates
- Participation rate credit
- Slide 91
- Slide 92
- Hours of participation
- Slide 94
- What counts as work
- Slide 96
- Slide 97
- Slide 98
- Slide 99
- Slide 100
- S 1523 The Pathways to Independence Act of 2003
- S1523 provides
- Slide 103
- Slide 104
- Improvements included in the Senate Finance bill that are important to people with disabilities
- Slide 106
- Slide 107
- S Amendment 2965
- Slide 109
- Slide 110
-