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Annual Report on TANF and MOE
Programs - 2004
New Mexico
State: New Mexico FFY:
2004
Date Submitted: 3/31/2005
(1) New Mexico's definition of each work activity
The State separates work activities into primary work activities, i.e., those that count toward the federal 20 hour a week minimum average in specific activities, and secondary activities, i.e., all other qualified work activities that count toward the total work requirement for the individual as defined in 45 CFR § 261.31. Work activities are defined in New Mexico's Temporary Assistance for Needy Families (TANF) State Plan at Part III - D.2 (see Attachment).
(2) Description of New Mexico's transitional services provided to families no longer receiving assistance due to employment
The state allows transitional childcare for twelve months after the closure of the TANF case due to earnings from employment.
The New Mexico Works Act (NMW) at § 27-2B-12 mandates that a benefit group that does not receive cash assistance is eligible for support services, such as transportation and child care, if the benefit group's total income is less than 100% of the Federal Poverty Guidelines.
(3) Description of how New Mexico will reduce the amount of assistance payable to a family when an individual refuses to engage in work without good cause
The family's TANF cash assistance benefit amount is reduced by 25% for the first failure of a mandatory work participant to engage in work; the benefit amount is reduced by 50% for the second failure of a mandatory work participant to engage in work; the TANF case is closed for a six month period for the third failure of a mandatory work participant to engage in work. The sanctions are cumulative to the individual and are never "erased." The sanction progresses to the next level if the mandatory work participant does not take action to comply with work requirements. A description of work program sanctions is found in the TANF State Plan at Part III - C.3 (see Attachment).
(4) The average monthly number of payments for child care services made by New Mexico through the use of disregards by the following types of child care providers:
New Mexico does not use earned income disregards in its childcare programs. However, the following depicts the total of TANF children and TANF eligible children served by child care programs in New Mexico for FFY 2004.
(i) Licensed/regulated in-home child care N/A
(ii) Licensed/regulated family child care 455
(iii) Licensed/regulated group home child care 1,324
(iv) Licensed/regulated center-based child care 13,128
(v) Legally operating in-home child care/non-relative 10
(vi) Legally operating in-home child care/relative 3
(vii) Legally operating family child care/non-relative 3,236
(viii) Legally operating family child care/relative 8,534
(ix) Legally operating group child care/non-relative 0
(x) Legally operating group child care/relative 0
(xi) Legally operated center-based child care 0
(xii) Legally operated family home child care 0
Total 26,690
(5) A description of New Mexico's strategies and procedures to ensure that
victims of domestic violence receive appropriate alternative services and an
aggregate figure for the total number of good cause domestic waivers granted.
The state has adopted the Family Violence Option as part of its TANF State plan.
The program description is found in the State Plan, Part III-S (see
Attachment).
Beginning in state fiscal year (FY) 2001, domestic violence experts and advocates
conducted statewide seminars that were attended by all staff, including family
assistance analysts, case managers and work program contractors. Seminar content
included myths versus facts regarding domestic violence; how to identify domestic
violence; how to deal with disclosure from a client; the referral process within
New Mexico; criteria, time limits and availability of shelters; how the state's
judicial system is set up to assist victims; and the process for obtaining restraining
orders, how they work and how they sometimes fail. Referral booklets summarizing
the seminar content were issued to each participant. Domestic violence posters
were distributed to all of the 33 county offices statewide.
A Request for Proposal (RFP) for $1.7 million was developed for use by domestic
violence shelters throughout New Mexico to fund additional services for victims,
such as counseling and legal assistance. It was awarded to the NM Coalition
Against Domestic Violence and services to clients began June 8, 2001. The contract
continued throughout federal FY (FFY) 2004.
The number of good cause domestic violence waivers granted in FFY04 was 1.
(6) A description of New Mexico's non-recurrent, short-term benefits provided, including:
(i) Eligibility criteria associated with such benefits
Effective February 1, 2000 the state implemented a Diversion Assistance Program for applicants of TANF/NMW Cash assistance. Effective July 1, 2004 the diversion lump sum payment went down from $1,500 to $1,000 cash payment. There is a lock out period of twelve months in which the recipients cannot apply for cash assistance. Eligibility for Diversion requires a finding that the applicant has a specific need that will allow the applicant to keep a job or accept a bona fide offer of employment. Recipients of Diversion remain eligible for support services such as child care, transportation, and referral to the work program contractor for case management services. Diversion assistance is described in the TANF State Plan at Part III - R (see Attachment).
(ii) Policies that limit such payments to TANF eligible families
None
(iii) Procedures/activities to ensure individuals diverted from assistance
receive transition information
During the lock out period the recipients of Diversion are categorically eligible
for Food Stamps. The lump sum payment is not considered as a resource or income
in determining eligibility for Medicaid. The recipients will be eligible for
TANF funded child care.
(7) A description of New Mexico's procedures to resolve displacement
complaints
The State of New Mexico has not received a displacement complaint since it began
its TANF program. However, we will be adding language to our work program contracts
that would address such a complaint should one occur.
The new contract language will specify that prior to placement of a work program participant receiving TANF funds in a vacant position, the work program contractor will certify with the employer that the position is not vacant as a result of a layoff of an employee, or termination by the employer, or reduction in force in order to fill the position with the TANF work program participant.
The work program contractor will certify that displacement has not occurred with the Bureau Chief of the Program and Quality Management Bureau for Income Support Division and that certification will be filed in the Bureau file for the individual.
Any assertion of displacement by an employee of the business where a TANF funded work participant has been placed will be investigated within 10 days of the date the employee contacts the Income Support Division.
Based on all information presented, the Income Support Division Director will make the determination whether displacement has occurred. The Human Services Department (HSD), Office of General Counsel, will review the determination.
The ISD Division Director will issue a written finding to the employee, employer and work program contractor. A finding that displacement has occurred will result in immediate removal of the TANF funded work participant from the position of the displaced employee. A finding that displacement has not occurred will result in continued employment of the TANF funded work participant in the position
The TANF State Plan includes procedures to ensure that the State will not displace any employees through the placement of TANF participants in work activities. See Part III – A.5 of the TANF State Plan.
(8) Summary of New Mexico's programs and activities directed at TANF's third and fourth statutory purposes
• Strengthening Families/Fatherhood Initiative – HSD has entered into an agreement with the New Mexico State University Family and Consumer Sciences Department of extension Home Economics to provide services for and address family dysfunction by providing parenting skill, relationship skills and many of the other barriers that parents and families face. Services are available in most counties in New Mexico.
The Strengthening Families program served the following (average per month):
i. 52 incarcerated parents and their children
ii. 18 teen parents and their children
iii. 161 parents with needs and their children
• GRADS - HSD has entered into an agreement with the State Department of Education to provide funding for the Graduation Reality and Dual Roles Skills (GRADS) program. GRADS is a program for pregnant and parenting teens within the public school system that focuses on the prevention of teen pregnancies and provides training in parenting skills, healthy relationships, child development, job skills and economic independence. Participating teens must stay in school as their primary work requirement to meet TANF guidelines.
The GRADS program achieved the following:
• The repeat pregnancy rate among enrolled GRADS students is 4.47% as
compared to the national rate of 22% (3/31 repeat pregnancies were planned by
married students
• 16.60% of GRADS secondary students were gainfully employed
• 178 (24.68%) teenage GRADS parents graduated from high school
(9) Estimate of total number of individuals who have participated in subsidized employment
A total of 47 individuals worked in subsidized employment. During the FFY 2004, these individuals were employed within the Income Support Division and Child Support Enforcement Division of the NM HSD, and the NM Department of Health.
