Pennsylvania Code
Title 55 - HUMAN SERVICES
Part II - Public Assistance Manual
Subpart B - Intake and Redetermination
Chapter 121 - GENERAL INTAKE AND REDETERMINATION PROVISIONS
Section 121.1 - Policy
Universal Citation: 55 PA Code ยง 121.1
Current through Register Vol. 54, No. 44, November 2, 2024
(a) General. It is essential that workers responsible for the client's initial contact with the Department be familiar with Department policies and recognize the need to effectively carry out their tasks in accomplishing the purposes of the system described here and in Chapter 101 (relating to general provisions).
(b) Prohibited practices in determining eligibility. Procedure prohibited in determining eligibility are as follows:
(1) The standards
set forth in this section apply in determining initial and continued
eligibility. They reflect basic principles concerning the rights and
responsibilities of individuals and governmental agencies in a democracy. They
are necessary to insure that the basic rights of an individual are respected
and protected during the process of determining eligibility for public
assistance, and to inspire public confidence in the agency and its
services.
(2) The initial or
continued eligibility of a person will be determined in a manner consistent
with his rights under the Constitution, the Social Security Act (42 U.S.C.A. §§
301-1397f), Title VI of the Civil
Rights Act of 1964 (42
U.S.C.A. §§ 2000e-2000e-8), and
State statute. Every practice must respect the individual's right to privacy
and personal dignity and conform in every way with due process of law. Any
practice that violates any of his rights or subjects him to harassment or
infringes on his civil liberties is forbidden. Any practices that violate
personal dignity or privacy, constitute harassment of the individual, or
violate his personal rights are prohibited. As a matter of courtesy and
effective administration, an individual should receive prior notice, whenever
practical, of a planned visit.
(3)
To illustrate, the following practices are prohibited:
(i) Entering a home by force, or without
permission, or under false pretenses.
(ii) Searching in the home, rooms, closets,
drawers or papers, to seek clues for example to possible deception.
(iii) Questioning based on a presumption of
guilt.
(iv) Except for emergencies
of the client, making home visits outside of working hours and especially
during sleeping hours, generally 10 p.m. to 7 a.m., unless arranged for by
appointment.
This section cited in 55 Pa. Code § 105.3 (relating to requirements).
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