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Annual Report on State TANF and MOE Programs
- 2005
Montana
December 13, 2005
Thomas Sullivan
Region VIII Administration for Children and Families
1961 Stout Street
Denver, CO 80204
Dear Mr. Sullivan:
Enclosed are two copies of Montana’s amended State Plan for Temporary Assistance for Needy Families. The following revisions and/or additions are marked by the ? symbol in the left hand margin:
Table of Contents, Page 2 - renumbered pages to match information.
Page 1 - Under General Provisions, added Blackfeet Nation of the Blackfeet Reservation to the tribes operating a Tribal TANF plan.
Page 4 - Under Individuals Not Eligible added that individuals convicted of a drug-related felony after August 22, 1996 are not eligible for TANF cash assistance unless the individual is complying with the conditions of supervision, is actively participating in treatment if required, or the sentence associated with the felony conviction has been discharged.
Page 5 - Under Income Standards and Budgeting Methodology (b), an additional step has been added to determine the cash assistance grant amount. The Payment Standard added is equal to 33% of the 2005 federal poverty index effective October 1, 2005 for appropriate assistance unit size. The net countable income is now subtracted from the Payment Standard instead of the Benefit Standard.
Page 5 - Under Income Standards and Budgeting Methodology, removed the phrase that ‘after all income computations are completed, an additional $30.00 is authorized for the households whose income does not exceed the Benefit Standard.’ The additional $30.00 was in effect from 01/05 through 09/05. Effective October 1, 2005, it was superseded by the new Payment Standard procedure.
Page 7 - Under Non-Financial Requirements added cooperation with the Health Insurance Premium Payment System (HIPPS).
Page 7 - Under Non-Financial Requirements added that an individual convicted of a drug-related felony after August 22, 1996, must be actively complying with conditions of supervision, actively participating in treatment, if required, or provide documentation that the sentence has been discharged.
Page 8 - Under Individual Responsibility Plan added that the WoRC case manager must sign the FIA/EP.
Page 13 - Under Community Advisory Council/Community Operating Plan removed the wording that Community Operating Plans are ‘reviewed and re-negotiated at least annually and more often if changes occur’ and replaced it with ‘reviewed and re-negotiated every three years and more often if changes occur.’
Page 13 - Under Out-of-Wedlock Pregnancies/Teen Pregnancies added results of the goals established by the Interagency Coordinating Council (ICC) for State Prevention Programs to reduce teen pregnancies. The goal of 57.7 per 1000, which was to be achieved by 2005, was surpassed. According to the most recent statistics available (2003), the pregnancy rate for teens 15-19 is 49.4 per 1000.
Page 14 - Under Out-of-Wedlock Pregnancies/Teen Pregnancies replaced previous funding information with current information regarding abstinence education.
Page 14 - Under Out-of-Wedlock Pregnancies/Teen Pregnancies added that the Montana DPHHS Early Childhood Services Bureau Out-of-School Time Project (MOST) received $375,000 in TANF funds to provide services to children from ages 5-18 during the hours school is not in session.
Page 14 - Under Education and Training on Statutory Rape replaced previous
funding information with current information, added program goals and objectives
and outlined the services provided by the contractors.
Page 17 - Under Non-Assistance Programs added that a child support supplement
payment, based on collection of current child support is authorized for an amount
up to but not to exceed $100.00 per month per TANF family.
Page 17 - Under Non-Assistance Programs added Temporary TANF assistance as a result of Hurricanes Katrina and Rita. Montana assisted evacuees, who were residing within the counties that had been declared disaster areas as a result of the hurricanes, with non-recurrent, short-term benefits.
Sincerely,
BRIAN SCHWEITZER
Governor
TABLE OF CONTENTS
1. Individuals Potentially Eligible
2. Individuals Not Eligible
3. Resource Limitation
4. Income Standards and Budgeting Methodology
5. Income Disregards
6. Nonfinancial Eligibility
7. Benefit Issuance
8. Redetermination of Eligibility
9. Individual Responsibility Plan
B. Noncompliance Penalty (Sanction)
C. Work Activities/Participation Requirements
D. Nondisplacement On Work Site/Grievance Procedure
E. Time-Limited Benefits
F. Participants Not Subject to TANF 60-Month Time Limit
G. TANF 60-Month Time Limit Exclusion
H. TANF 20% Hardship Exemption
I. Supportive Services
J. Community Advisory Council/Community Operating Plan
K. Out-of-Wedlock Pregnancies/Teens Pregnancies
L. Education and Training on Statutory Rape
M. Restricted Use/Disclosure of Information
I. Migration from State-to-State
II. Assistance to Non-Citizens
III. Administrative Appeal Process
IV. Community Services After Two Months
V. Family Violence Option
VI. Certifications
ATTACHMENTS
I. EMERGENCY ASSISTANCE PROGRAM (1996 AFDC State Plan
- to allow TANF expenditures for services authorized solely under prior law)
Title IV-A of the Social Security Act
SEC. 402 [42 U.S.C. 602]
****************************
GENERAL PROVISIONS
The State of Montana will operate a TANF cash assistance program for needy families. The TANF cash assistance program provides job readiness preparation, supportive services, and case management; vigorously pursues child support; and assists in the development of community resources as a means to help families reach self-support. TANF cash assistance eligible families may receive Medicaid coverage and are categorically eligible for Food Stamp Program benefits.
Also included in this Plan is the Emergency Assistance Program (Section 3 of Montana’s AFDC State Plan in effect 8/21/96), which may provide cash assistance when an unforeseen event causes or threatens to cause the destitution of a minor child and/or situations where child abuse and/or neglect are evident (See Attachment II).
Temporary cash assistance is provided to eligible families through the TANF cash assistance program.
The TANF cash assistance program is a time-limited cash assistance program designed to provide parents and other caretaker relatives with minor children a monthly cash grant, employment/training activities, and educational opportunities. The goal is to move the individual into employment as quickly as possible leading to a permanent alternative to public assistance. Sanctions for noncompliance are imposed. Families are also eligible for child care assistance according to the Child Care and Development Fund State Plan.
A family’s TANF cash assistance eligibility is limited to sixty (60) months in the adult’s lifetime. The time limits do not apply to dependent children.
TANF cash assistance program participants are considered eligible for Medicaid coverage if they meet Medicaid eligibility requirements. The adults have Basic Medicaid coverage; minor children, pregnant women, and disabled individuals receive full Medicaid coverage as stated in the Montana Medicaid State Plan. Participants are also considered categorically eligible for Food Stamp Program benefits.
DPHHS shall transfer state funds to Tribal TANF programs that are approved by the Federal Department of Health and Human Services after July 1, 1999. For purposes of claiming state funds granted to Tribal TANF grantees as maintenance-of-effort (MOE), Montana State will adopt the eligibility of any such Tribal TANF programs as its own eligibility.
Montana has established objective criteria for the delivery of benefits and the determination of eligibility to assure the applicant receives fair and equitable treatment.
1. Individuals Potentially Eligible
TANF cash assistance may be provided to the following eligible individuals for a period of time not to exceed 60 months in the adult caretaker relative’s lifetime.
a. Minor children (under age 18 or if age 18, is a full-time secondary school student).
b. Specified caretaker relatives with whom the minor child is living such as a parent (defined as a natural/adoptive parent or a stepparent related by marriage to the child's natural/adoptive parent). A child’s specified caretaker relative may be any relation by blood, marriage, or adoption who is within the fifth degree of kinship.
c. The minor child's blood-related/adoptive minor siblings living with him/her.
d. Pregnant women in their last trimester who have no other eligible children.
e. Refugees, victims of severe forms of trafficking, and other qualified aliens as defined in Title IV of Public Law 104-193 as amended. Aliens (unless excepted by federal law) who enter the United States on or after 8/22/96 are barred from receiving assistance for their first five years in qualified alien status.
2. Individuals Not Eligible
a. A minor child or a specified caretaker relative, who is temporarily absent from the home for a period of time greater than 90 consecutive days with the following exceptions:
1) The absent member is away from home for medical treatment and is otherwise eligible.
2) The child’s absence is for the sole purpose of attending a boarding school and the child is expected to return to the home at the end of the school term.
3) The absent adult is away from home for a specific short-term training or employment.
b. Minor children who are receiving Title IV-E Foster Care payments and whose absence from the home is not considered temporary.
c. Individuals who are in violation of a condition of his/her probation or parole imposed under state or federal law.
d. Individuals fleeing to avoid being prosecuted for a felony or fleeing to avoid custody or confinement after conviction of a felony.
e. Individuals having committed and been convicted after August 22, 1996,
of a felony an element of which is the possession, use, or distribution of a
controlled substance as defined in section 102(6) of the Controlled Substances
Act [21 U.S.C. 802 (6)] unless the individual is complying with the conditions
of supervision, is actively participating in treatment if required, or the sentence
associated with the felony conviction has been discharged.
f. Unqualified aliens. Aliens (unless excepted by federal law) who enter the United States on or after 8/22/96 are barred from receiving assistance for their first five years in a qualified alien status.
g. Individuals receiving Supplemental Security Income (SSI) under Title XVI of the Social Security Act.
h. Members of a family that includes specified caretaker relatives who do not assign certain child support rights to the State, cooperate in establishing paternity, or obtain child support as required under Title IV-D.
i. Teenage parents who are not living with a specified caretaker relative within the fifth degree of kinship and who are not approved to live independently or in an alternative adult supervised setting as defined by the State.
j. Individuals found to have fraudulently misrepresented residence in order to obtain assistance in two or more states.
k. A specified caretaker relative who fails to report the absence of a child, lasting more than 90 consecutive days, by the end of the 5-day period which begins with the date on which it becomes clear to the caretaker relative that the child will be absent for more than 90 consecutive days.
l. Members of a family which includes an adult who has received assistance for 60 months or more.
m. Members of a family that includes individuals who fail or refuse to negotiate a Family Investment Agreement/ Employability Plan.
n. Members of a family that includes an individual who does not end a first sanction in the penalty month. This ineligibility lasts for one month.
o. Members of a family that includes an individual who has been sanctioned for a second or subsequent time after July 1, 2004. This ineligibility lasts for one month.
3. Resource Limitation - $3000
The family's resources are evaluated and the equity value of countable resources
as defined by the State cannot exceed $3,000. Lump sum payments that can be
prospected are considered countable resources in the month received and the
receipt of such a payment may result in the redetermination of TANF cash assistance
eligibility.
4. Income Standards and Budgeting Methodology
a. Effective August 2003, the benefit standard is set at 30% of the 2002
federal poverty index. The gross income standard is 185% of the net income standard.
The net income standard is determined by dividing the benefit standard by 78.5
%. The payment standard is 33% of the 2005 federal poverty index.
b. Countable earned and unearned income is tested prospectively against the Gross Monthly Income Standard (GMI) and the Benefit Standard for the household size and circumstances. If the family passes the GMI standard, income disregards are subtracted in a specific order from the monthly gross income to establish the family's countable monthly income. If the family's income equals or exceeds either of these standards, the family is not eligible for benefits. If the family’s income is less than the Benefit Standard, the cash assistance grant amount is determined by subtracting the total countable income from the Payment Standard.
c. The income (subject to certain disregards) of certain individuals is deemed when determining eligibility. These individuals are:
1) The qualified alien’s sponsor.
2) The spouse of a pregnant woman who has no other eligible child in the home,
in the last trimester of her pregnancy, or the father of her unborn child if
the father resides with her.
3) The spouse of the caretaker relative whose needs are included in the assistance
unit’s grant and who is not the natural or adoptive parent of the dependent
child.
5. Income Disregards
a. Before receiving any disregards, TANF cash assistance applicant's/participant's income must be less than the GMI standard.
b. Earned income disregards are subtracted from the countable
earnings of each wage earner. The earned income disregards are:
1) $200 work expense;
2) Twenty-five percent (25%) of the balance; and
3) A maximum of $200 per month per child for child care expenses.
4) The obligated disregard of legally-binding child support payments expected
to be paid for dependents not living with the family.
The child support disregard is allowed only if payments are being made on a regular basis. It is subtracted from the balance of countable earned and unearned income.
6. Nonfinancial Eligibility Requirements
a. Minor child age limitations.
b. Minor child must live with a specified caretaker relative.
c. Furnish a social security number.
d. Be a U.S. citizen or qualified alien.
e. Cooperate with Child Support Enforcement.
f. Cooperate with Third Party Liability requirements as defined by the State.
g. Cooperate with Health Insurance Premium Payment System (HIPPS)
h. Cooperate with Program Compliance reviews.
i. Negotiate and sign a Family Investment Agreement/Employability Plan (FIA/ EP).
j. If the individual has been convicted of a drug-related felony after August 22, 1996, he/she must be actively complying with conditions of supervision, actively participating in treatment, if required, or provide documentation that the sentence has been discharged.
7. Benefit Issuance
Monthly cash benefits are issued by state warrant, direct deposit or electronic benefit transfer payable to the minor child’s caretaker relative unless the caretaker relative has clearly demonstrated an inability or unwillingness to use the payment to meet the basic needs of the minor child as determined by a Department employee of the division which provides protective services to children. Under these circumstances, the Department will designate a protective payee with the caretaker relative’s assistance. The protective payee may not be anyone directly involved in the determination and authorization of eligibility and/or benefits.
8. Redetermination of Eligibility
Benefits and eligibility are redetermined:
a. Monthly on the basis of anticipated changes in the family's situation;
b. Promptly, after a report is obtained which indicates changes in the family's circumstances that may affect the amount of the cash payment or may make the family ineligible; and
c. By conducting a face-to-face review of all eligibility requirements every twelve months for all participants.
9. Individual Responsibility Plan
a. Each parent/caretaker relative, or minor child (age 16 or 17) not attending secondary school or other equivalent training program must develop a Family Investment Agreement/Employability Plan. The FIA/ EP is intended to help a family refocus its direction and begin to eliminate the barriers that brought about its need for public assistance. It sets forth a plan for moving the individual into paid employment or, if a minor child, school attendance or equivalency study.
b. The FIA/EP includes eligibility requirements, work preparation activities as defined by the State, referrals to other community resources and any other activities leading to self-support. The participant signs the FIA/EP agreeing to comply with all activities stated therein. The Eligibility Case Manager and WoRC Case Manager also sign the FIA/EP on behalf of the State, acknowledging its obligation to assist the individual in his or her efforts to become self-supporting. Each FIA/EP is specifically tailored to address the family's needs and the participant's employment goals and responsibilities.
c. Teen parents (under age eighteen and the biological parent of a child residing in the same home) are identified at the time of application or when infants are added to an existing assistance group. The case is screened and immediately flagged for intensive case management. The FIA/EP will be developed to include activities that assume teen parents stay in school and take parenting classes, life skills classes, and money management classes.
B. NONCOMPLIANCE PENALTY (SANCTION)
The consequence for failing to comply with the FIA/EP is the loss of an amount equal to an individual’s portion of cash assistance for one month for the first noncompliance after July 1, 2004. For a second or subsequent noncompliance after July 1, 2004, the case will be closed and the family will be ineligible for one month. The time clock continues to tick for the sanctioned individual during the first noncompliance penalty period. The time clock will not tick for anyone in the family for a second or subsequent noncompliance because no benefit will be issued. The sanctioned individual continues to receive Medicaid coverage if otherwise eligible.
For a first noncompliance, the sanctioned individual can end the sanction by negotiating a new FIA/EP during the one-month penalty period. If the sanctioned individual does not negotiate a new FIA/EP the case is closed the last day of the one-month penalty period and must remain closed for one month as long as the sanctioned individual is a required filing unit member.
C. WORK ACTIVITIES AND PARTICIPATION REQUIREMENTS
1. Participation hours for work activities are set forth in Title I of Public Law 104-193.Section 407 (a) (1) and (2).
2. Montana will exclude from the state’s work participation rate calculation those individuals who are participating in a Tribal NEW program. Other tribal participants not participating in a Tribal NEW program will continue to count toward the state’s participation rate.
3. Work preparation activities included in the participant's FIA/EP are based on activities allowed at 45 CFR 261.30 with the limitations and special provisions listed in 45 CFR 261.31 through 45 CFR 261.35. Work activities include:
a. Employment.
b. Work Experience - The work experience component involves assessment, preparation/orientation, and site placement. Work experience includes activities that involve formal job site placements, based on assessed abilities, needs, and preparation, to develop or enhance the participant’s basic work habits and/or improve specific work skills.
c. Group and Individual Job Search.
d. Community Service - Community service includes any hours the participant volunteers in a recognized volunteer position. Volunteering is an opportunity for the participant to share his or her experiences, wisdom, skills, or in general make a significant and purposeful contribution to his or her community.
e. Vocational Educational Training Programs - The pursuit of a degree or certificate beyond high school but less than a bachelor degree that leads to employment.
f. Job skills training directly related to employment.
g. Education directly related to employment in the case of a participant who has not received a high school diploma or a certificate of high school equivalency.
h. Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a participant who has not received a high school diploma or a certificate of high school equivalency.
i. Referral to, and enrollment with the Tribal NEW (Native Employment Works) Contractors for participants who are enrolled tribal members residing on the reservation and who meet the NEW target group criteria.
4. When negotiating work activities with participants, case management staff will take child care needs into consideration. If no appropriate child care is available, activities will be renegotiated to include those for which child care is not needed. Breakdown in child care arrangements will be considered as a possible good cause reason for noncompliance with work activities.
D. NONDISPLACEMENT ON WORK SITE/GRIEVANCE PROCEDURE
1. Non-displacement on Work Experience and/or Internship work sites is established (prior to placement) through the negotiation of an agreement between the State and the employer.
2. A grievance procedure is in place to resolve complaints of alleged violations of the displacement rule and work site employers are informed of this procedure during the negotiation of the site agreement.
An eligible family may receive cash assistance not to exceed 60 months in the adult’s lifetime. Montana’s electronic eligibility determination system, TEAMS, maintains time clocks for all adults receiving cash assistance. TEAMS will not allow authorization of cash assistance beyond the adult’s 60-month time limit unless an extension has been granted. A household may apply to receive an extension to the 60-month time limited benefits as allowed in Sec. 264.1 (c) of the CFR.
The TEAMS TANF-60 clock maintains the 60-month limit for federal purposes and reflects every non-excluded month of cash assistance received by an adult in Montana beginning February 1, 1997 (TANF State Plan effective date) and from another state or states beginning no earlier than October 1, 1996 nor later than July 1, 1997 depending on when that state’s TANF State Plan became effective. Federal TANF exclusions stop this clock.
F. PARTICIPANTS NOT SUBJECT TO TANF 60-MONTH TIME LIMIT
1. Minor children under the age of 18 living with a specified caretaker relative.
2. Minor children, age 16 through the month of his/her 18th birthday, living with a specified caretaker relative, who are not attending school full-time, whether or not complying with his/her FIA/EP.
3. Minor children under age 19 who are attending school full-time, living with a caretaker relative.
4. A teen parent (under age 18, unmarried) not living independently and attending school full-time, through the month of his/her 18th birthday.
5. A teen parent (under age 18, unmarried), not living independently and not attending school full-time, through the month of his/her 18th birthday, whether or not complying with his/her FIA/EP.
6. A teen parent (under age 18, unmarried), living independently and in compliance with his/her FIA/EP, through the month of his/her 18th birthday.
7. A minor parent (under age 18, married) in compliance with his/her FIA/EP, through the month of his/her 18th birthday.
G. TANF 60-MONTH TIME LIMIT EXCLUSION
In determining the number of months for which an adult (regardless of race) has received cash assistance, the State excludes any month during which an adult (regardless of race) lives within the exterior boundaries of an Indian reservation if, during the month, at least 50% of the adults were not employed. Joblessness is evaluated using the standards established jointly by the Administration for Children and Families and the tribe relying on the most reliable federal data available with respect to such month.
H. TANF 20% HARDSHIP EXEMPTION
Montana will extend TANF cash assistance payments beyond the Federal 60-month limit to households which apply for Extended Benefits, are otherwise eligible for TANF cash assistance, and who meet one of the following Extension Reason criteria:
1. Physical/mental illness or incapacity of a caretaker (this could be temporary or permanent) that prevents the individual from working.
2. Physical/mental illness or incapacity of a caretaker due to domestic violence (this could be temporary or permanent) that prevents the individual from working.
3. Needed in the home full time as the primary caretaker for a household member who is suffering from a physical/mental illness or incapacity (if alternative care is available, this is not an allowable for an extension).
4. Dealing with a current domestic violence situation (this extension is granted in six-month blocks).
All adult household members must meet an extension criterion.
Funds are available to pay expenses that are, or may be, incurred by a participant to comply with his/her FIA/EP activities. Each Employment and Training Contractor (WoRC), is allocated supportive services funds for payment of these expenses. As the FIA/EP is negotiated, an evaluation of the need for supportive services is made. Each case is limited to $1000.00 per state fiscal year, $500.00 for employment related expenses and $500.00 for participation related expenses. Each Community Advisory Council establishes guidelines for determining exceptions to the limits. In all instances, care is taken to prevent participant dependency on the availability of these funds. Childcare assistance is provided by the Resource and Referral Agencies funded by the state and the Child Care and Development Fund.
Supportive services payments may be issued to vendors and/or the individual and are only issued by state warrant.
J. COMMUNITY ADVISORY COUNCIL/COMMUNITY OPERATING PLAN
1. People in various political subdivisions convene a group of local community members to develop plans to include strategies for assisting participants to become employed and self-supporting. These groups are known as Community Advisory Councils. The Community Operating Plans focus on the myriad of services available to participants in each community.
2. Community Operating Plans are used to ensure uniform application of policies within the allowable parameters.
3. Community Operating Plans are now combined with the Annual Agreement required by Montana statute 53-2-305. The Agreements are negotiated and signed by each of the three county commissioners in each of Montana’s fifty-six counties. The plans are reviewed and re-negotiated every three years and more often if changes occur. The Community Advisory Council provides input for the plan, reviews the plan, requests tribal input if appropriate, and once the plan is finalized and signed, it is submitted to the Department for approval. Although communities maintain broad authority in the development of the operating plan, the plan must meet the statewide standards set by the Department.
K. OUT-OF-WEDLOCK PREGNANCIES/TEEN PREGNANCIES
Montana continues its statewide efforts to prevent and reduce the incidences of out-of-wedlock pregnancies, with special emphasis on teenage pregnancies. The Interagency Coordinating Council (ICC) for State Prevention Programs has established goals and benchmarks through the year 2005. The Coordinating Council is comprised of the Attorney General, the Superintendent of Public Instruction, Directors of: the Department of Public Health and Human Services, the Department of Labor and Industry, the Department of Corrections and the Montana Board of Crime Control, the Chair of the Montana Children’s Trust Fund, the Coordinator of Indian Affairs, and two community representatives selected by the Governor.
One of the goals of the Council is to reduce teen pregnancy by promoting the concept that pregnancy and childbearing are serious responsibilities. The goal was that by the year 2005, these efforts would reduce the average five-year pregnancy rate for 15-19 year old females to 57.7 per 1000. As of 2003 (most recent statistics available), the pregnancy rate for this age group is 49.4 per 1000. Women’s Health Section of the Department of Public Health and Human Services has formed an interdivisional partnership that can be utilized to develop other statewide partnerships to promote family planning referrals from agencies of the Montana Family Planning Network. The Network deals with clients who are at-risk for an unintended pregnancy and promotes teen pregnancy prevention efforts.
Montana applied for a $172,303 grant for 2005-2006 from the federal Department of Health and Human Services for abstinence education. The grant is a provision of the federal Title V Maternal and Child Health Block Grant as defined by the 1996 welfare reform legislation. Montana's abstinence program is designed to give youth the skills to postpone sexual activity and help parents communicate with and teach their children about abstaining from high-risk behavior. In 2005, an additional $40,000 of federal TANF funds were approved to fund five (5) community based programs to support purpose # 3 of the TANF program. (Federal Register 260.20)
Montana’s Department of Public Health and Human Services (DPHHS) Early Childhood Services Bureau was approved for federal TANF funding for seventy five $5,000 projects for a total of $375,000 for State Fiscal Year (SFY) 2005. It is anticipated that these Montana Out-of-School Time (MOST) grants will be renewable for SFY 2006 and SFY 2007, but will be subject to available funding.
Montana Out-of-School Time (MOST) projects seek to provide opportunities to improve or enhance the quality of care, activities, and services to school-age children (5 to 18 years of age) and their families before- and after-school, on school holidays, and in the summer. The purpose of the MOST project is to strengthen Montana families and promote healthy youth development by providing a program design that will improve academic, social competencies, positive values and positive physical outcomes for children.
Projects provide a range of high-quality services and extra learning opportunities to school age children. At the same time, these projects help working parents by providing a safe environment for students when school is not in session. Access to the services will lead to students’ healthy lifestyle choices and academic success. MOST project funds will be used statewide.
L. EDUCATION AND TRAINING ON STATUTORY RAPE
Montana continues to provide education and training on statutory rape. Montana
receives federal funding from the National Injury and Violence Prevention Center
administered through the National Centers for Disease Control. Montana received
$134,447 for 2005-2006. The program objectives are designed to strengthen sexual
violence prevention efforts by supporting increased awareness, education and
training, and the operation of hotlines.
Currently, there are 16 contractors funded to provide services. The funds are
used for the following:
1) Educational seminars;
2) Operation of hotlines;
3) Training programs for professionals;
4) Preparation of informational materials;
5) Education and training programs for students and campus personnel designed
to reduce the incidence of sexual assault at colleges and universities;
6) Education to increase awareness about drugs used facilitate rape or sexual
assault; and,
7) Other efforts to increase awareness of the facts about, or to help prevent,
sexual assault, including efforts to increase awareness in under-served communities
and awareness among individuals with disabilities (as defined in Section 3 of
the Americans with Disabilities Act of 1990).
Montana also received $22,093 for 2005-2006 in federal funding from the Preventive Health Services Block Grant administered through the National Centers for Disease Control. The program objectives are to prevent sexual assaults and to provide appropriate early intervention to persons who have been sexually assaulted.
Currently, there are 16 contractors funded to provide services. These funds are used for the following:
1. Maintaining a 24-hour answering service for those who have been assaulted;
2. Providing immediate support services to survivors of sexual assault;
3. Training volunteers;
4. Presenting educational programs regarding sexual assault prevention and services;
and,
5. Purchasing materials for education.
The Department’s Health Resources Division, Communicable Disease Control and Prevention Bureau, STD/HIV Section administers funding and contracts.
M. RESTRICTED USE/DISCLOSURE OF INFORMATION
1. Montana will continue to restrict the use and disclosure of information about individuals and families receiving cash assistance consistent with state and federal law. A release form is used by the Department and its contractors to ensure adherence to the maintenance of confidential information. Recipient information may be provided and used for the following purposes:
a. Reporting child abuse and neglect to the appropriate authority (MCA 41- 3-205).
b. Conducting child support enforcement activities.
c. Establishing eligibility and administering (including audits, investigations, prosecutions, etc.) federal programs or federally-assisted programs which provide assistance (cash, in-kind, or services) directly to individuals based on need.
d. Releasing the participant’s address to a federal, state, or local law enforcement officer who presents a written request for information for individuals who are fleeing to avoid prosecution, custody or confinement for a felony; are violating a condition of parole or probation; or have information necessary for the officer to conduct official duties.
e. Notification of an appropriate person, authority or other entity that an applicant or participant is making threats to harm himself or herself or to harm others, in order to prevent or lessen the threatened harm.
2. Access to the Department’s electronic eligibility system adheres to strict security measures to assure employees not directly involved in the administration of public assistance programs do not access recipient information. Requests for information about current or past participants that do not meet the above criteria must be submitted in writing to the Public Assistance Bureau, Central Office. When there is a question about a breach of confidentiality, the Central Office will refer the request to the Office of Legal Affairs.
Montana operates a Children’s Basic Coverage (CBC) program utilizing segregated Maintenance of Effort (MOE) funds. This program provides mental health services for children and their families when the children are either not eligible for Medicaid, or are not eligible for Montana’s Mental Health Services Plan (MHSP) because the children are not eligible for CHIP. This program also covers services for children and their families who are eligible for Medicaid or MHSP, when the services are not paid by Medicaid, MHSP, or CHIP. Families are eligible as long as the family’s countable income does not exceed 150% of the Federal Poverty level and there is a child under the age of 19 who has been determined to be Seriously Emotionally Disturbed (SED).
Effective January 1, 2005 a TANF household that meets eligibility criteria will receive a Work Support Payment of $375.00 the month following closure of its TANF case for new or increased earned income.
Montana operates a pilot TANF On-the-Job Training (TANF OJT) project that provides a subsidy to an employer to reimburse for the additional costs involved in training an unskilled worker. A TANF OJT contract is developed between the employer and the agency. In exchange for the subsidy, the unskilled worker is hired in a full-time, regular non-temporary position with the employer. As part of the TANF OJT contract, the employer agrees to provide customized, individualized training to the trainee that enables the individual to learn the knowledge or skills essential to be a productive, long-term employee with that employer.
? Effective July 1, 2005 a child support supplement payment, based on current collections of child support, will be authorized for an amount up to, but not exceeding $100.00 per month per TANF family.
? TEMPORARY TANF ASSISTANCE TO HURRICANE KATRINA/RITA EVACUEES
Montana will assist families who have been evacuated from the states of Louisiana,
Mississippi and Alabama who were residing within the counties that have been
declared federal disaster areas as a result of Hurricane Katrina; and families
who have been evacuated from the state of Texas who were residing within the
counties that have been declared disaster areas as a result of Hurricane Rita.
Temporary TANF benefits will be provided to meet the immediate need of these
dislocated families by use of a streamlined application process and referrals
to public agencies, medical and mental health providers and community resources
as appropriate.
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SPECIAL PROVISIONS
I. MIGRATION FROM STATE TO STATE
Montana will not treat U.S.-domiciled families moving into the State differently than families currently residing in the State and wishing to make application for assistance.
II. ASSISTANCE TO NON-CITIZENS
Montana does not intend to provide assistance to individuals who are not citizens of the United States unless they meet the criteria set by federal law for qualified aliens.
III. ADMINISTRATIVE APPEAL PROCESS
Montana will continue to provide the opportunity for participants who have been adversely affected to be heard in an administrative appeal process. A participant who wishes to appeal may file a request for an administrative hearing before a state Fair Hearing Officer. Following final action, an individual may seek judicial review of this decision.
IV. COMMUNITY SERVICE EMPLOYMENT AFTER TWO MONTHS
Montana has opted NOT to require a parent or caretaker relative, after receiving assistance for two months under the TANF cash assistance program, to participate in community service employment. These individuals will continue to participate and comply with FIA/EP activities.
V. FAMILY VIOLENCE OPTION
1. All applicants and participants are screened for the occurrence of domestic violence through a self-identification questionnaire. When domestic violence is identified, a referral is made to the Montana Coalition Against Domestic and Sexual Violence or other appropriate counselor/entity dealing with domestic violence/family safety and stabilization issues. Because the domestic violence situation may interfere with the participant’s ability to work toward employment, the referral becomes an activity of his/her FIA/EP and appropriate participation hours are assigned.
2. It is the participant’s responsibility to meet with the Coalition counselor/other entity who will make an assessment of the situation and either make a referral to other appropriate resources or continue to serve the participant. The participant is required to verify the meeting with a counselor. The participant is required to fulfill the FIA/EP’s eligibility conditions and other employment and training activities which are adjusted to accommodate the situation.
3. In identified domestic violence situations, only that information necessary to refer to services and to determine eligibility for benefits or exemptions is required at the time of disclosure and any custodial parent information is suppressed when contact with the non-custodial parent(s) is necessary to meet child support enforcement requirements.
4. The state may exempt a family from the application of subparagraph (A) of Section 408 (a)(7) by reason of hardship or if the family includes an individual who has been battered or subjected to extreme cruelty as defined in (iii) of this subparagraph.
VI. CERTIFICATIONS: The chief executive officer of the State of Montana, hereby certifies:
A. THE STATE WILL OPERATE A CHILD SUPPORT ENFORCEMENT PROGRAM under the State Plan approved under Part D.
B. THE STATE WILL OPERATE A FOSTER CARE AND ADOPTION ASSISTANCE PROGRAM UNDER THE STATE PLAN APPROVED UNDER PART E, and the State will take such actions as are necessary to ensure that children receiving assistance under such part are eligible for medical assistance under the State Plan under Title XIX of the Social Security Act.
C. THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES will administer and supervise the program in all political subdivisions of the State and assure that local governments and private sector organizations have been consulted regarding the plan and design of welfare services in the State and have had at least 45 days to submit comments so that services are provided in a manner appropriate to local populations.
D. THE STATE WILL PROVIDE INDIANS WITH EQUITABLE ACCESS TO ASSISTANCE. The State will provide each member of an Indian tribe, who is domiciled in the State and not eligible for assistance under a Tribal Assistance Plan approved under Section 412, the opportunity to make application for assistance under the State program funded under this part through a local office of public assistance or satellite office.
E. THE STATE HAS ESTABLISHED AND WILL ENFORCE STANDARDS AND PROCEDURES TO ENSURE AGAINST PROGRAM FRAUD AND ABUSE. The State has established standards and procedures concerning nepotism, conflicts of interest among individuals responsible for the administration and supervision of the State program, kickbacks, and the use of political patronage.
F. THE STATE WILL SCREEN FOR AND IDENTIFY DOMESTIC VIOLENCE. The State will establish and enforce standards and procedures to screen and identify individuals receiving assistance with a history of domestic violence while maintaining the confidentiality of such individuals; refer such individuals to counseling and supportive services; and waive pursuant to a determination of good cause, other program requirements, in cases where compliance with such requirements would make it more difficult for individuals receiving assistance to escape domestic violence or unfairly penalize such individuals who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.
G. WITHIN 30 DAYS AFTER THE STATE AMENDS A PLAN SUBMITTED PURSUANT TO SUBSECTION (a), THE STATE WILL NOTIFY THE SECRETARY OF THE AMENDMENT.
H. A SUMMARY OF ANY PLAN OR PLAN AMENDMENT SUBMITTED HAS BEEN MADE AVAILABLE TO THE PUBLIC.
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CERTIFIED BY THE CHIEF EXECUTIVE OFFICER OF THE STATE:
BRIAN SCHWEITZER, Governor Date
EMERGENCY ASSISTANCE (AFDC 1996 State Plan – to allow TANF expenditures
for services authorized solely under prior law)
SECTIONS
SECTION 3 –- EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN
233.120 A. Emergency assistance to needy families
406(e) with children under the age of 21 is provided in accordance with 45 CFR
233.120.
____ No (Paragraphs B.- D. of this Section does not apply.)
_X_ Yes, as specified below:
B. Families of migrant workers are covered.
____ No
_X_ Yes, on a statewide basis.
___ Yes, but only in the following areas of the State:
C. Other eligibility requirements are in effect.
_X_ No
___ Yes, as specified below:
D. The kinds of emergency situations which are covered by this program and
the kind of assistance and services provided to meet the emergency situations
are detailed in Attachment 3-A.
ELIGIBILITY CONDITIONS
A family is eligible for this program in Montana if all of the following conditions are met:
1. An application is filed by the parent of the child in need, when the parent(s) is/are absent or unwilling to apply on behalf of the child, another adult relative or the state agency or its contractor acting on behalf of the child may file the application.
a. The FA-250, “Application for Assistance” or DFS/SRS-FA-020, “Emergency Assistance Request” is to be used by the Title IV-A agency (DPHHS).
2. An emergency, as defined above, exists in the family and the emergency did not arise out of a parent’s refusal without good cause to accept employment or training for employment.
3. The child if (or with in 6-months prior to the month of application, has been) living with a specified relative in a place of residence maintained as the child’s home.
4. All accessible liquid resources have been or can be applied to the emergency need. In the case of another adult relative or the state agency or its contractor making application for the child, the child’s income alone is considered in the above test.
5. Non-residents of Montana, transients and migrant workers with families may make application, and assistance will be given in the same manner as residents.
6. Authorization is limited to one period of 30 consecutive days in any twelve
consecutive months. Assistance given for situations involving abuse and/or neglect
of the child is limited to a maximum duration of 364 days or less and must be
authorized within the 30-day period.
CITATIONS - 233.120
EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN
TREATMENT OF INCOME
A. KINDS OF EMERGENCIES COVERED
1. Emergency assistance (EA) may be provided when an unforeseen event causes or threatens to cause the destitution of a child.
a. An unforeseen event is one in which the applicant could not anticipate that the event would occur and was not able to avoid its outcome. EA is not provided to pay for any basic need or service that an applicant has chosen not to pay with currently available means.
b. If actual or projected expenditures total $1,000 or more, review by Child and Family Services Division staff prior to approval is required.
2. Situations involving abuse and/or neglect of the child may be covered.
a. These situations may require the removal of the child from the home, placing a social worker in the home to prevent the need for the child’s removal, expediting the early return of the child to the home, or preventing the need for protective services.
b. Assistance for these kinds of emergencies is limited to a maximum duration of 364 days or less as necessary and must be authorized within the 30-day period.
3. Households receiving Title XIX Medicaid are not eligible for medical assistance under Title IV-A Emergency Assistance.
B. KINDS OF ASSISTANCE PROVIDED TO MEET EMERGENCY SITUATIONS:
1. Basic needs such as food, clothing, shelter (rent or temporary lodging), utilities, household supplies, and personal care items; temporary transportation; replacement of necessary appliances such as refrigerators; or replacement of necessary household furnishings such as beds and bedding.
2. Family support including social services delivered in the family home to those families whose children have been abused or neglected or are in immediate danger of becoming abused or neglected. This family support is intended to eliminate the need for protective services; prevent the need for placement; or expedite the early return of the child to the family home.
3. Substitute care to youth who are removed from or are without the care and supervision of their parents or guardians provided on a temporary basis while striving to reunite the child(ren) with his or her family as soon as possible. Substitute care is full-time care of a youth in a residential setting for the purpose of providing:
*food
*shelter
*security
*safety
*guidance
*direction
*in-patient physiological services
*treatment
4. Emergency assistance is not allowed to pay for the following:
1. legal fees
2. property taxes
3. Insurance - home, auto, life
4. Burials
5. Reimbursements
6. rental/utility deposits
7. mortgage payments
8. medical services – Exception: prior approval of Child and Family Services
Division, Public Assistance Bureau Central Office Staff
9. medical past-due bills
10. past-due bills
11. purchase of vehicle
12. any travel that would qualify under Medicaid Travel, AFDC Transition-To-Work
Allowance, or JOBS Supportive Services
