Current through February, 2024
Section 2100 Reach
First
The purpose of the Reach First program is to stabilize
families experiencing a short-term crisis, assess their strengths and needs,
and orient them to available programs, services, assistance, and participants'
responsibilities. The goal is to improve family self-sufficiency, economic
independence, and ensure the well-being of children. Reach First helps to
stabilize the family by providing monetary payments and support services of
limited duration while the family regains its independence and stability, or is
assessed and transitions to an appropriate alternative program.
A family that meets eligibility criteria for Reach Up
financial assistance and has needs that can be fully addressed by Reach First
payments and support services may be eligible for Reach First. Financially
eligible families not appropriate or qualified for Reach First shall be
referred to other programs available to assist the family in obtaining the
opportunities and skills necessary to gain self-sufficiency and economic
independence.
Section 2101
Definitions
The definitions applicable to Reach First rules are the
definitions at Reach Up rule 2341 and are incorporated into Reach First rules
by this reference.
Section
2110 Eligibility
To qualify for Reach First, the applicant family must qualify
for Reach Up using Reach Up financial eligibility rules. The 60-month time
limit (rule 2238 ) does not apply to Reach First eligibility. In addition to
qualifying for Reach Up financial assistance, the applicant family must meet
the Reach First eligibility criteria and, if it has no members who are
mandatory applicants (rule
2117 ), must choose to
participate in Reach First.
Families who qualify for and participate in Reach First are
initially certified as eligible for a four-month period (certification period)
that commences with the first day of the first calendar month in which the
family receives a Reach First payment or support service. The certification
period may be shortened if changes in the family's circumstances make them no
longer eligible.
Section
2111 Financial Eligibility
Financial eligibility for Reach First is evaluated and
determined using Reach Up financial assistance rules 2200 through 2299 which
are incorporated into Reach First rules by this reference except for the
following sections:
|
A.
|
Continued Assistance Pending Fair Hearing
|
2215
|
|
B.
|
Money Payment
|
2216.2.
|
Section
2112 Personal Interview
A personal interview shall be conducted in accordance with
Reach Up rule 2211.2.C. The interview shall include sufficient information
about programs, benefits, and participant responsibilities to enable applicants
to make informed decisions about program participation. At the personal
interview, the department shall provide the following to all
applicants(s):
A. Information about
all programs administered by the department, services and referrals available
to the family, program requirements, participant responsibilities, consequences
of failure to meet responsibilities, and incentives for participation and
obtaining employment;
B. Financial
and self-sufficiency screening;
C.
Determination of Reach First eligibility related to past receipt of Reach First
payment and to the need for ongoing assistance;
D. Determination of appropriateness for Reach
First referral; and
E.
Determination of whether the family chooses to participate in Reach First, if
it is a family with no Reach First mandatory applicants.
Section 2113 Orientation
A. A The department shall provide, and
work-eligible adults in a Reach First applicant family must attend, an
orientation to Reach First and other program alternatives.
B. The orientation shall provide the family
with information about all programs administered by the department, services
and referrals available to the family, program requirements, participant
responsibilities, consequences of failure to meet responsibilities, and
incentives for participation and obtaining employment.
C. The orientation shall include sufficient
information about programs, benefits and participant responsibilities to enable
participants to make informed decisions about program participation.
Section 2114 Financial and
Self-Sufficiency Screening
A. All applicant
families who have satisfied financial eligibility criteria for Reach First or
financial assistance must complete a financial and self-sufficiency screening
before determination of eligibility for Reach First, unless it is clear the
family is ineligible for Reach First (2194.3).
B. The financial and self-sufficiency
screening determines whether the family's circumstances qualify them for Reach
First. The screening includes determination of
1. the extent of the family's financial
need;
2. the likelihood that Reach
First can address the family's needs within the program's time
limits;
3. the family's prospects
for and likelihood of self-sufficiency within the next four months;
4. the family's need for further assessment
to determine how to best meet the family's needs and whether Reach First is an
appropriate referral;
5. the
work-eligible adults' interest and desire to participate in Reach First;
and
6. whether any family member is
a mandatory Reach First applicants (2194.5).
Section 2115 Ineligible Families
A. The following families are ineligible for
Reach First:
1. families with a work-eligible
adult who has received a Reach First payment attributed to any month within the
12 months preceding the month of application; and
2. A families who need on-going assistance
beyond the four-month Reach First period.
Section 2116 Families Inappropriate for
Referral
A. Some families who are not
appropriate for Reach First may be recognized before assessment in Reach
First.
B. The following families,
unless they can provide verification that their need for ongoing assistance
will end within the four-month Reach First period commencing with the calendar
month of their application, are not appropriate for Reach First and should be
referred to and receive their assessment while in another appropriate program:
1. a single parent who qualifies for and
wants a deferment to stay home to care for their child under the age of
2;
2. families with work-eligible
participants meeting their Reach Up work requirement, but needing ongoing
assistance and assessment to determine the best course for gaining
self-sufficiency.
Section
2117 Families with Mandatory Applicants
Families who meet the following criteria are mandatory Reach
First Applicants:
1. at least one
member of the family is a work-eligible individual;
2. work-eligible individuals in the family
are neither disregarded from nor meeting their Reach Up work
requirement;
3. none of the
work-eligible adults in the family have received a Reach First payment
attributed to any month in the twelve months preceding the month of
application; and
4. at least one of
the work-eligible adults in the family is:
a.
a single-parent or caretaker who has no barriers to obtaining and maintaining a
job and a recent and stable work history, including receiving wages for his or
her most recent job that, when annualized, equal or exceed 150 percent of the
federal poverty level applicable to the family;
b. an able-to-work adult (in a two-parent
family when the other parent is able-to-work-part-time or unable-to-work) who
has no barriers to obtaining and maintaining a job and a recent and stable work
history, including receiving wages for his or her most recent job that, when
annualized, equal or exceed 150 percent of the federal poverty level applicable
to the family;
c. an adult (in a
two-parent family when both parents are able-to-work) who is not the primary
caretaker of the children; or
d. an
adult who has no barriers to obtaining and maintaining a job and possesses a
marketable postsecondary education degree or vocational education
certification.
Section
2118 Families with No Mandatory Applicants
A. Families with no Reach First mandatory
applicants who qualify for participation in Reach First may choose whether to
participate in Reach First.
B. An
otherwise eligible family that does not include any mandatory Reach First
applicants must meet the following criteria to be referred to and participate
in Reach First:
1. at least one member of the
family is a work-eligible individual;
2. work-eligible individuals in the family
are neither disregarded from nor meeting their Reach Up work
requirement;
3. none of the
work-eligible adults in the family have received a Reach First payment
attributed to any month in the twelve months preceding the month of
application; and
4. after
participating in the interview and initial screening, all work-eligible adults
in the family choose to participate in Reach First.
Participant Responsibilities
Section 2120 Payments
A. Reach First payments must be linked to
financial need directly related to the family's immediate financial crisis. The
payment must be necessary either to assist the family to avoid the need for
Reach Up assistance or to sustain the family while they are assessed and
referred to appropriate programs.
B. Qualifying families may receive Reach
First payments and Reach First support services for one certification period in
a 12-month period.
C. Total Reach
First payments are limited to no more than the cumulative equivalent of four
months of financial assistance for which the family would have qualified in
Reach Up.
D. Reach First payments
may be made to the family in monthly installments or, under exceptional
situations (2195.2. C), in payment(s) in excess of the equivalent of the
family's monthly Reach Up payment. Reach First payments are only available if
needed to avert a crisis as determined in the initial assessment and during the
period in which the family seeks immediate employment or participates in
assessment and the creation of their family development plan.
E. Reach First payments may be made to the
family by direct deposit, electronic benefit transfer or, if the family
requests, by direct payment to the person or other entity providing the
lodging, utilities, or other service to the family and as established in Reach
Up rule 2238.
F. If a Reach First
participant fails, without good cause, to fulfill participant responsibilities,
the Reach First payment may be withheld during the conciliation process and
until the adult complies.
G. Reach
First payments do not continue while a fair hearing appeal is
pending.
H. Any Reach First payment
received by the family for a specific month shall be counted as income in that
month for purposes of calculating the amount of financial assistance in Reach
Up or a solely state-funded program for the same month.
Section 2121 Payment Calculation
A. Monthly Reach First Payments
The department shall calculate the Reach First monthly
payment amounts using Reach Up rules, provided that the cumulative total of
payments received during the four-month certification period does not exceed
the Reach First payment maximum (2195.1B).
B. Reach First Payment Maximum
1. The Reach First payment maximum is the
amount used to establish the maximum limit on the cumulative amount of Reach
First payments available to the family during the four-month certification
period regardless of their frequency of disbursement.
2. The payment maximum shall be determined
using Reach Up payment rules with the following additional steps:
a. Project and add the amounts of Reach First
payments expected for each month of presumptive eligibility relying on the most
accurate information regarding the family's circumstances expected for those
months and without prorating for partial months.
b. Reduce the total sum dollar for dollar for
any Emergency or General Assistance (EA/GA) payment, other than back rent or
mortgage arrearage assistance, received as a result of the current
application.
c. Reduce the total
sum dollar for dollar of any child support received or anticipated, other than
the first $ 50 of current support expected in the current and in each month of
presumptive eligibility during the certification period.
3. As soon as the family notifies the
department of changes in circumstances that affect the amount of payments not
yet distributed or the number of months in the certification period, the
department shall recalculate the amount remaining in an effort to avoid over-
or underpayments.
C.
Exceptions Limit on the Maximum Payment
When approved by the commissioner, a Reach First family may
receive a payment in excess of the payment limitation if
1. the payment does not exceed the amount of
earned income the family received in their first month of Reach First and
receipt of the payment is necessary and relatively certain to divert the family
from the Reach Up program; or
2. an
unexpected event creates a less than 30-day delay of employment or income that
will render the family ineligible for Reach Up and an additional payment in an
amount not to exceed the maximum grant size for the family is relatively
certain to divert the family from the Reach Up program.
D. Payment Adjustments
When department or applicant errors result in an underpayment
or overpayment, payment adjustments shall be made in accordance with Reach Up
rule 2234.
Section
2122 Payment Disbursement
A.
Monthly Disbursement
All Reach First payments, other than the first payment, shall
be disbursed on the first of the month.
B. Disbursements Related to Need
Payments should be disbursed in an amount that addresses
specified and documented needs that are either a result of the family's crisis
or necessary to stabilize the family while it regains its independence and
stability, or is assessed to determine an appropriate program referral.
C. Frequency of Payments
Reach First payments may be disbursed to the family or the
designated vendor as follows:
1.
Monthly Disbursements
Monthly disbursements in an amount equal to or less than the
amount for which the family has been determined eligible for in a month shall
be the preferred frequency of disbursement.
2. Disbursements in Excess of Monthly Amount
Disbursements of the maximum payment in a lump sum or in one
or more payments greater than the monthly amount shall be made only in
exceptional circumstances.
D. Limits on Monthly Disbursements
1. Disbursements in monthly amounts shall be
limited to the amount of the Reach Up grant for which the family would be
eligible.
2. Reach First families
needing assessment beyond initial financial and stability screening to
determine appropriate referral and needs shall qualify only for monthly
disbursements until assessment is complete.
3. Families eligible for and receiving
monthly disbursements must be cooperating with all Reach First services
component requirements.
E. Limits on One-Time and Disbursements in
Excess of Monthly Amounts
Disbursement of payments in excess of the monthly amount
equivalent to a Reach Up payment shall be made only to a family meeting all of
the following criteria:
1. The
family's initial screening and assessment indicate the family qualifies for
Reach First and does not require further in-depth assessment;
2. The payment addresses the family's current
need in full;
3. It is clear the
Reach First payment will end the family's need for any Reach First or Reach Up
assistance for the foreseeable future; and
4. The adults in the family understand and
agree that should they need to apply for Reach Up in the months attributed to
the Reach First payments, that the payment will reduce dollar for dollar any
Reach Up financial assistance in the months covered by the payment.
Section 2130 Services
Component
A. The Reach First Services
Component consists of assessment, case management, referrals, and services.
Reach First participating families must fulfill their initial and ongoing Reach
First responsibilities within the services component to continue to receive
Reach First payments and services.
B. If needed to determine appropriate
referral to improve the family's prospects for job placement and job retention,
the commissioner shall provide participating families in-depth assessments of
the full range of services needed by each family, intensive case management or
case consultation services, referral to any agencies or programs that provide
the services needed by participating families, and transition to other
department programs.
Section
2131 Assessment
A. All
participants who are referred for assessment shall cooperate in an initial
assessment and, if appropriate or necessary, reassessments. The assessment may
include tests, other standardized evaluations, and referrals to professionals
for evaluation or diagnosis.
B. The
assessment shall include, but is not limited to, the following:
1. identification of the individual's
strengths, skills, aptitudes, interests, and life and work
experience;
2. determination of
whether the individual has limitations and barriers and, if there are barriers
or limitations, a determination of how these factors relate to the individual's
current or potential participation in the labor force and to the individual's
family responsibilities;
3.
literacy evaluation;
4.
determination of the individual's ability to work, including the ability to
participate in the various work activities;
5. the development and well-being of children
in the family; and
6. determination
of the services needed to achieve the employment goal.
Section 2132 Case Management
A. Case management shall be available to any
eligible family needing or requesting in-depth assessment or ongoing
services.
B. The case manager, with
the full involvement of the family, shall recommend, and the commissioner shall
establish and modify as necessary, a family development plan for each
participating family in need of ongoing services, with a right of appeal as
provided by Reach Up rule 2380.
C.
A case manager shall be assigned to a participating family as soon as the
family is determined to be eligible for Reach First and in need of
services.
D. Caseload size shall be
limited consistent with limits in the Reach Up program (2350.1).
E. If after assessment and establishment of
the family development plan, it is determined that the family is not
appropriate for Reach First, the case manager shall review other program
alternatives with the family and, if requested by the family, attempt to
transfer the family to a more appropriate program alternative.
Section 2133 Family Development
Plans
A. The family development plan shall
include:
1. each parent or caretaker's
employment goal;
2. an assessment
of each parent or caretaker's strengths and barriers;
3. a literacy evaluation followed by a
referral to an appropriate resource or program;
4. an identification of the services,
supports, and accommodations needed to overcome any barriers, enable the family
to achieve self-sufficiency, and fulfill each parent or caretaker's personal
and family responsibilities; and
5.
an assignment of responsibilities, family development plan requirements, and
activities among the case manager and family members, together with a time
schedule for such responsibilities, requirements, and activities.
B. The initial family development
plan shall include all referrals and assessment responsibilities and shall be
completed within 30 days of the first meeting with the case manager.
C. The case manager shall establish a
schedule for periodic review of the family development plan that shall remain
in place if the family transfers to another program in which such review is
appropriate.
Section
2134 Support Services
A. Support
services are services needed by the family to improve the participant's
prospects for job placement and retention.
B. Reach First families are eligible for and
subject to the same conditions for receiving Reach Up services governed by
Reach Up rule 2351 and its subsections.
Section 2140 Participant Responsibilities
A. Each participating adult who is being
assessed in Reach First or for whom a family development plan is needed shall
participate in the development of his or her family development plan.
B. Each participating adult whose case
manager refers for assessment and evaluation activities shall report as
directed by the department for such activities.
C. Each participating adult shall begin to
comply with his or her family development plan requirements as soon as
possible, and no later than 10 days following identification of initial
requirements at the initial family development plan meeting.
D. Each participating adult shall continue to
comply with such family development plan requirements until such time as the
family is ineligible or transferred to Reach Up or other program.
E. If a family is transferred to another
program, the rules of that program apply.
Section 2141 Consequences of Noncompliance
Reach First participants who fail or refuse to comply with
Reach First participants responsibilities without good cause shall not receive
Reach First payments until the participant comes into compliance.
Section 2142 Noncompliance and
Good Cause
A. Reach First participants must
comply with all participant requirements unless good cause exists for
noncompliance.
B. Noncompliance may
be the result of a de facto refusal, which is implied by the participant's
failure to comply with a requirement, or an overt refusal. The department will
excuse noncompliance supported by good cause.
C. Examples of Noncompliance
Instances of noncompliance include, but are not limited to,
the participant's failure or refusal to:
1. appear for assessment after being directed
to attend;
2. cooperate in the
development of the FDP;
3. attend
and participate fully in FDP activities;
4. refrain from behavior that is disruptive
to a program activity or the orderly administration of the program;
5. refrain from behavior that constitutes a
threat or hazard to fellow participants;
6. accept appropriate child care (2370.33) or
other services that would allow participation in FDP activities;
7. follow through on treatment or
rehabilitation services plans;
8.
appear for a referral to or interview for a job consistent with the FDP;
and
9. apply for or comply with the
requirements of unemployment compensation, if otherwise eligible.
D. De Facto Refusal
De facto refusal occurs when noncompliance is implied by an
individual's failure to meet one or more Reach First requirements without good
cause. The case manager shall prepare a written record of the circumstances
associated with and the substance of the individual's noncompliance. If the
case manager determines that the participant had good cause for noncompliance,
the noncompliance process ends. Otherwise, the case manager initiates the
conciliation process or, for individuals no longer eligible for conciliation,
the case manager shall apply the Reach Up sanctions and transfer the family to
Reach Up.
E. Overt Refusal
Overt refusal occurs when, without good cause, an individual
declares, orally or in writing, an unwillingness to comply with participant
requirements. The case manager will ask the individual to put oral refusals in
writing. If the individual will not put the refusal in writing, the case
manager shall prepare a written record of the circumstances associated with and
the substance of the individual's noncompliance. The case manager shall begin
the sanctions process immediately and transfer the family to Reach Up.
F. Determination of Good Cause
The case manager shall make a good-faith effort to contact
the individual to discuss the act or pattern of noncompliance with the
individual. The individual will provide sufficient documentation to
substantiate a claim of good cause. On the basis of this discussion and
documentation, if any, the case manager will determine whether there was a good
cause basis for the individual's noncompliance. If the individual does not
respond to or fully cooperate with the case manager's attempt to establish good
cause, the case manager will determine that there was no good cause basis for
the noncompliance. The case manager shall complete the good cause determination
within 10 days of becoming aware of the individual's noncompliance.
G. Good Cause Criteria
Circumstances beyond the control of the participant may
constitute good cause for an individual's noncompliance. The following
constitute good cause for failing to comply with Reach First FDP and
participation requirements.
1. The
participant, after making a good-faith effort, was unable to arrange
transportation to or from the place of employment or FDP activity or child care
essential for employment or participation in the activity, and the participant
informed the employer or appropriate person as soon as possible.
2. Inclement weather prevented the person
from traveling to work or participating in an FDP activity, and the participant
contacted the employer or appropriate person as early as possible on the day of
the inclement weather to explain the situation.
3. The person's participation in a drug or
alcohol treatment program precluded participation in the FDP
activity.
4. The person was
required to appear in court or was incarcerated, and the participant contacted
the appropriate person in advance or, if it could not have been anticipated, as
soon as possible following the incident.
5. A family emergency requiring the
participant's immediate attention, such as the death, illness, or injury of a
family member, or the participant's own illness prevented the participant from
complying with a requirement, and the participant notified the appropriate
person of the situation at the earliest possible moment.
6. Failure to comply with a requirement was
due to the effects of domestic violence. The participant must have had reason
to anticipate that compliance would have resulted in serious physical or
emotional harm to the participant or the child in participant's care and that
such harm would have significantly impaired the participant's capacity either
to fulfill program requirements or to care for the child adequately. The
department may request documentation from the participant to determine whether
the effects of domestic violence constitute a good cause basis, using the same
standards relied on for a Reach Up deferment due to domestic
violence.
7. The participant had to
be absent from the Reach First activity to go to a medical appointment, and the
participant requested and received approval from the case manager or the person
conducting the activity for time off to attend the appointment in
advance.
8. The participant had to
be absent from an FDP activity to go to an interview for an unsubsidized job,
and the participant requested and received supervisory approval for time off to
attend the interview in advance.
9.
The participant, after making a good-faith effort, was unable to make necessary
child care arrangements (Reach Up rule 2370.33 ), and the participant notified
the case manger or appropriate person of the situation at the earliest possible
moment.
10. The participant was
absent from the FDP activity or Reach First required activity due to an
unforeseeable emergency such as fire, flood, or accident.
11. The participant asserts that the
noncompliance was the direct result of a previously unacknowledged medical
condition, provided that the following conditions are met:
a. the medical condition is expected to last
at least 90 days;
b. the
participant appears eligible for and is referred to vocational rehabilitation
services; and
c. the participant is
eligible for and demonstrates compliance with the vocational rehabilitation
services provider.
12.
The participant was called away from the FDP or required Reach First activity
to attend to a school emergency involving the participant's child, the
participant's foster child (placed by the Department for Children and Families
or other licensed child placement agency), or another child in the care and
physical custody of the participant, and the participant informed appropriate
person of this situation before leaving the activity site or, when this was not
possible, as soon as possible thereafter.
Section 2143 Conciliation
A. Conciliation is the process by which
disputes related to an individual's failure or refusal to comply with Reach
First participant responsibilities are resolved.
B. The case manager shall initiate
conciliation to determine the reason for non-compliance when an adult
participant fails or refuses without good cause to comply with Reach First
participant requirements applicable to the individual without good
cause.
C. The case manager shall
initiate conciliation under the following circumstances:
1. The case manager shall initiate
conciliation for a participating adult who without good cause fails or refuses
to participate in the development of his or her family development plan as
directed.
2. The case manager shall
initiate conciliation for a participating adult who fails or refuses to report
as directed by the department for assessment and evaluation activities without
good cause.
3. The case manager
shall initiate conciliation for a participating adult with a family development
plan who without good cause fails or refuses to comply with his or her family
development plan requirements as soon as possible, and no later than 10 days
following identification of initial requirements at the initial family
development plan meeting.
4. The
case manager shall initiate conciliation for a participating adult with a
family development plan who without good cause fails or refuses to comply with
such family development plan requirements.
D. Conciliation Process for Noncompliance
1. When the conditions for conciliation for
noncompliance (rule 2374 ) are met, the case manager shall mail a notice
scheduling a conciliation conference to the individual within 10 days of the
date the case manager became aware of the noncompliance. The case manager
should schedule the conference as soon as administratively possible, but no
sooner than the fourth workday after the date the notice is mailed. A client
may waive advance notice of the conciliation conference by signing a waiver of
notice. The waiver must include the information listed in subsection (2)
below.
2. The notice of the
conciliation conference must include the following:
a. the reason for the determination of
noncompliance without good cause;
b. the steps in the conciliation
resolution;
c. the right to have a
representative present at the conciliation conference; and
d. the consequences if conciliation is
unsuccessful.
3.
Participants may conciliate cumulative Reach Up and Reach First disputes only
once within a calendar year (January - December). A conciliation counts in the
year in which it was initiated. Any subsequent noncompliance without good cause
within this time period will result in the immediate initiation of the
sanctions process, if applicable, without an opportunity for
conciliation.
4. Any time an
individual makes a claim of good cause and the case manager determines that
documentation of such good cause is necessary, the individual will have 10 days
from the date the claim was communicated to the case manager to provide
documentation. When the individual is unable to obtain required documentation
and requests the case managers help to obtain it, the case manager shall
provide that help, if possible.
5.
When it is determined, at any time during a conciliation process that the
individual had good cause for noncompliance, conciliation will end. Under these
circumstances, there will be no conciliation resolution plan, and the
conciliation will not be counted toward the limit of one conciliations in a
calendar year, as defined above.
6.
The conciliation resolution period begins on the date of the first scheduled
conciliation conference and lasts for no more than 15 consecutive calendar
days.
7. The conciliation
resolution period is the time frame during which the case manager and the
individual meet and explore, through the processes of fact-finding and
problem-solving, ways in which the individual may satisfy the Reach First
requirements. They will review and, if possible, resolve any circumstances
hindering compliance. This review shall also include a review of all applicable
good cause criteria.
8. The product
of the conciliation conference is a conciliation resolution plan. This plan
describes what the individual must do to achieve satisfactory participation and
the time frames involved. The case manager and participant will revise the FDP
in accordance with the conciliation resolution plan.
9. The case manager shall advise the
individual of the right to terminate the conciliation process at any time. Such
termination of conciliation will result in a determination of unsuccessful
resolution and immediate initiation of the sanctions process and transfer to
Reach Up, if applicable. Individuals who have received over 60 cumulative,
countable months of Reach Up shall not be transferred to Reach Up. These
individuals shall be terminated from Reach First and may apply for Reach Up
pursuant to rule 2238.2.
E. Successful Resolution
Conciliation is considered successfully resolved when the
individual demonstrates compliance with the activities outlined in the
conciliation resolution plan and the revised FDP.
F. Unsuccessful Resolution
The conciliation process shall be determined unsuccessful
when the individual:
1. fails without
good cause to respond to one written notice of a scheduled conciliation
conference;
2. exhibits a pattern
of behavior from which refusal to participate can be reasonably
inferred;
3. fails without good
cause to participate satisfactorily in activities outlined in the conciliation
resolution plan and included in the revised FDP for the required time period;
or
4. voluntarily terminates the
conciliation process before a successful resolution has been reached.
When the case manager determines that the resolution of a
single conciliation within a calendar year has been unsuccessful, the case
manager's supervisor shall review the conciliation process and the basis for
the case manager's determination, prior to initiation of the sanction
process.
When conciliation is not an option or resolution of the
conciliation is unsuccessful, the case manager begins the process necessary to
apply the appropriate sanctions and transfer the family to Reach Up, or
terminate the Reach First grant for individuals who have received over 60
cumulative, countable months of Reach Up. Both the sanction and termination
process begins with a written notice to the individual at least 10 days before
the action takes effect. This notice explains the action being taken, the
reason for the action, and the individual's right to appeal the decision. The
individual then has 90 days in which to appeal. If a fair hearing is requested
and the basis for the decision being appealed did not involve an exploration of
good cause with the individual, the case manager will attempt again to contact
the individual to determine whether there was good cause for noncompliance. If
the individual requests a fair hearing before the sanction or termination takes
effect, the individual shall receive continuing benefits pursuant to rule
2215.
Section
2150 Referral and Transition to Other Programs
A. The department shall transfer the family
to another appropriate program if, after four months of receiving support in
Reach First or sooner at the departments discretion, a family needs additional
time and services, unless the family chooses not to participate.
B. If a family finds unsubsidized employment
meeting or exceeding the work requirements for Reach Up for the family's size
and composition, but is financially eligible for Reach Up, the department shall
transfer the family to Reach Up, unless the family chooses not to participate.
A family transferring from Reach First to Reach Up shall be treated as a
recipient for the purposes of income calculation.
C. If a family finds unsubsidized employment
meeting or exceeding the work requirements for Reach Up for the family's size
and composition, is not financially eligible for Reach Up, but qualifies for
Reach Ahead in accordance with Reach Ahead rules the department shall transfer
the family to Reach Ahead, unless the family chooses not to participate. If an
adult member of the family is employed when it leaves Reach First and is not
eligible for Reach Up or Reach Ahead, the family shall qualify for support
services as though it was a Reach Up leaver family, unless the family chooses
not to participate. (rule 2311 )
D.
A family transferring to another program under subsections (A) through (C) of
this section shall not be required to complete a new application. Verification
of income or other documentation related to changes in circumstances may be
required as provided for by rule.
E. Transitional medical assistance of up to
36 months shall be provided to families with a working adult who leaves Reach
First and is not eligible for Reach Up, unless family income exceeds 185
percent of the federal poverty level, provided that federal financial
participation is available for such transitional medical assistance.
Section 2160 Notice and Appeal
A. A participant may appeal decisions in
accordance with Reach Up section 2380 except that Reach First payments do not
continue while an appeal is pending.
B. The commissioner shall provide notice to
each participant of the standards and procedures applicable to such appeals.
All federal and agency of human services rules regarding conciliation, notice,
hearing, and appeal shall be followed in connection with such
appeals.
STATUTORY AUTHORITY:
33 V.S.A.
§§
105,
1901
