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Appendix A

Annual Reporting on TANF Program Under 45 CFR 265.9(b)

North Dakota’s information on the TANF program for the 2005 fiscal year:

(1) The State’s definition of each work activity.

For the purpose of satisfying the federal work participation requirements, work is defined as:

Unsubsidized Employment – Work in the private or public sector for wages, or wages and tips that are equal to, or that exceed, the federal minimum wage. Unsubsidized employment also includes self-employment.

Subsidized Public or Private Sector Employment – Subsidized public or private sector employment provides a cash subsidy for a portion of the wages paid to a participant. The cash subsidy is provided for a specific period of time for the purpose of assisting the participant to obtain employment. Subsidized employment may include work supplementation

On-The-Job Training – Paid employment in which an employer receives payment, through a negotiated agreement, to offset the lower productivity normally associated with training a new employee. The agreement is intended to place a participant in an occupational position that requires training and will lead to employment with that employer or one that is similar in its training requirements.

Work Experience – Placements with public or private employers or involvement in job workshops designed to teach participants both hard and soft job skills, if regular employment is not available. Individuals involved in work experience are considered trainees.

Job Search and Job Readiness - Unpaid work activities designed to help participants overcome barriers to employment, become job ready and secure paid employment. Individuals may be allowed or required to participate in job search or job readiness for as long as such involvement is appropriate. However, only four consecutive or six non-consecutive weeks of a participant’s involvement in job search and/or job readiness in a fiscal year are counted when calculating the State’s work participation rate.

Vocational Education – Unpaid work activity that offers an organized sequence of coursework directly related to preparation of a participant for employment in a current or emerging occupation. Based upon approval from the JOBS program, an individual may participate in vocational education for no more than four months in every twenty-four month period.

Job Skills Directly Related to Employment – Training directly related to employment that includes paid or unpaid activities designed to enhance a participant’s skills for employment. It includes, but is not limited to, apprenticeships and the development of basic job skills through adult basic education in English proficiency, basic computer skills, communication and computational skills.

Education Directly Related to Employment – Includes involvement in high school, alternative high school, adult learning programs, general equivalency diploma programs or basic or remedial education programs, for individuals that have not already received a high school or general equivalency diploma.

Provision of Child Care for an Individual Participating in Community Service –A participant may provide (as an approved work activity) child care services to another JOBS participant who is engaged in community service.

Community Service – Unpaid work activity designed to teach participants soft work skills needed for success in the workforce.

Other State Approved Regional/Special Projects – Currently there are four regional TANF projects within North Dakota. A description of the projects is as follows:

Northeast Regional TANF Project – Building on the success of the former Grand Forks Mentor program, this regional project provides enhanced coordination of services between county social services, Job Service North Dakota and the Northeast Regional Human Service Center. It continues to feature the use of mentors to assist TANF clients in their efforts to become self-sufficient.

Southeast Regional TANF Project – Building on the success of the former pilot project in Cass County, this regional TANF project provides enhanced coordination of services, between county social services, Job Service North Dakota and the Southeast Regional Human Service Center. Another key feature of this project is the use of mental health specialists to help identify employment barriers and provide appropriate treatment referrals.

Benson County Special Project – This ongoing special project helps individuals achieve independence by addressing barriers, helps individuals become self-reliant and self sufficient, work preparation, assist in obtaining and retaining employment and helps break the cycle of poverty. The program provides job retention incentives, a GED or high school completion incentive, extra work hours and matching employment bonus incentive, and driver’s license incentive. If a family is sanctioned, the case is closed and the family is ineligible for TANF for one month, two months, three months, etc., up to twelve months depending on the number of sanction.

Fresh Start Center Special Project – The goal of the Fresh Start Center special project is to assist TANF recipients in Rolette County to become self-supporting and independent of cash assistance by providing more accessible services to clients. The project features one-stop services for JOBS and TANF clients and provides onsite eligibility determination, job readiness education along with intensive case management and plans for improved coordination of services to include comprehensive mental health and substance abuse assessment and treatment referral services.

Also see pages 17 - 20, and 24, State Approved Regional/Special TANF Projects of the North Dakota State Plan.

(2) A description of the transitional services provided to families no longer receiving assistance due to employment.

There are three supportive services that may be provided to former TANF recipients on a transitional basis: Pro-work Child Care Assistance, transportation assistance and discretionary assistance.

Pro-work Child Care Assistance may be provided for up to three months following case closure. Transitional transportation and discretionary assistance may be provided for up to six months following case closure.

To be eligible for any of these transitional supportive services, the former North Dakota TANF recipient must reside in North Dakota, must be involved in paid employment or a combination of paid employment and education.

To be eligible for transitional transportation or discretionary assistance, the former recipient’s household must contain at least on deprived child as defined in NDAC 75-02-01.2-14.

To be eligible for Pro-work Child Care Assistance the participant’s income may not exceed the upper limit of level seven (based on family size) as described in Service Chapter 400-26 “Child Care Assistance Program”.

Depending on availability of funds, Pro-work Child Care Assistance will cover a former North Dakota TANF recipient’s child care expenses at 100%, up to the maximum allowable amount within the Child Care Assistance Program (Service Chapter 400-26).

Transitional transportation may cover a former North Dakota TANF recipient’s transportation expenses up to $100 per month and discretionary supportive services may be provided for up to $400 per state fiscal year.

(3) A description of how a state will reduce the amount of assistance payable to a family when an individual refuses to engage in work without good cause pursuant to §261.14.
Sanctions. Sanctions result when TANF households refuse to comply with the tasks set forth on the social contract and the Employability Plan (JOBS/Tribal NEW program requirements). Sanctions are discussed in detail in the section titled, "Sanctions - Failure to Comply with TANF Program Requirements".

Failure to Comply with TANF Program Requirements

Families and individuals receiving assistance under North Dakota's TANF program will be required to meet certain requirements as part of their continued eligibility for benefits. Failure to comply with those requirements may result in a penalty or sanction imposed against the responsible party (ies) unless good cause is established. Program requirements include participation in work or training activities; parenting or budgeting classes; or individual, family, substance abuse, or addiction counseling. This list is not all-inclusive; other activities may be required as determined through assessment of the individual's needs.

Sanctions will result in the disqualification of the responsible individual and his or her needs will be removed from the TANF benefit. However, the disqualified individual's income and resources continue to be counted in determining the amount of the TANF benefit for the family. Under the TANF Program, TANF participants who fail or refuse to comply with program requirements, without good cause, may be sanctioned. Actions or failures to comply that may result in sanctions include:

a. Failure or refusal to participate in the Job Opportunities and Basic Skills (JOBS) or the Tribal Employment Works (NEW) program;
b. Failure or refusal to cooperate in obtaining child support or establishing paternity;
c. Not completing a social contract;
d. Not signing a social contract;
e. Not completing the goals or tasks listed on a social contract; and
f. Not cooperating with an agency providing services to meet goals or tasks listed in the social contract, including goals identified as mandatory or non-mandatory referrals and goals that are non-mandatory and identified in the assessment.

All sanctions are first imposed against the responsible individual and will result in removal of the individual’s needs from the TANF benefit, known as the sanction penalty month. The sanction penalty month runs from the effective date of a sanction through the last day of that month. If the sanctioned individual does not cure the sanction prior to the end of the sanction penalty month, the sanction may progress to closure of the entire TANF case. If a sanction leads to closure of the entire TANF case, the household will be ineligible for assistance in the month following the sanction penalty month.

Effective June 1, 2005, once a JOBS/Tribal NEW sanction takes effect, it remains in effect forever or until:
1. The sanction is cured, as required, by the sanctioned individual;
2. The sanctioned individual becomes exempt; or
3. The sanctioned individual is granted good cause for JOBS/Tribal NEW.

Sanctions for non-cooperation with JOBS/Tribal New Program follow the non-cooperating individual.

A JOBS/Tribal NEW sanction are cured only when the responsible individual demonstrates, to the satisfaction of the county agency, that the failure to cooperate or participate, as required, has been corrected.

For a JOBS/Tribal NEW sanction, a sanctioned individual must complete a Proof of Performance (POP) to cure the sanction. To complete a POP, a sanctioned individual must cooperate with the requirements of the JOBS/Tribal NEW program and the individual’s employability plan for a minimum of ten consecutive days.

In some instances, a JOBS/Tribal NEW sanction will result in the creation of an overpayment instead of an immediate reduction in the household’s TANF benefit. The overpayment will be equal to the sanctioned individual’s needs during the sanction penalty month.

The consequences of a TANF sanction are the same regardless of how many times an individual may have been previously sanctioned.

The state will not reduce or terminate assistance if the household demonstrates the inability to obtain childcare for one or more of the following reasons:

1. Unavailability of appropriate child care within a reasonable distance from the individual's home or work site;

2. Unavailability or unsuitability of informal child care by a relative or under other arrangements; and

3. Unavailability of appropriate and affordable formal child cares arrangements.

Demonstrated inability to obtain childcare will be based on client completion of tasks spelled out in the social contract. These tasks will be developed on an individual basis with each family and may include such things as contacting Resource and Referral to obtain a list of appropriate child care providers and following through on contacting the providers. Satisfactory completion of assigned tasks and childcare not being obtained will demonstrate inability to obtain childcare.

This can also be found on pages 15 -17of the North Dakota State Plan.

(4) The average monthly numbers of payments for child care services made by the state through the use of disregards, by following types of child care providers.

North Dakota’s TANF Program allows for a deduction of child care expenses from earned income (see page 12, Allowable Expenses of the North Dakota State Plan). The type of child care provider used by recipients who choose to use the disregard is not a reporting requirement therefore this information is not captured. TANF recipients have the choice of using a deduction of child care expenses or receiving assistance under Pro-Work Continuing Child Care Assistance. Assistance received under Pro-Work Continuing Child Care Assistance is paid through the Child Care Assistance Program.

(5) If the state has adopted the Family Violence Option and wants Federal recognition of its good cause domestic violence waivers under subpart B of part 260, a description of the strategies and procedures in place 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.

North Dakota chooses to implement the Family Violence Option of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Domestic Violence includes physical harm, bodily injury, sexual activity compelled by physical force, assault, or the infliction of fear of imminent physical harm, bodily injury, sexual activity compelled by physical force or assault, not committed in self-defense, on the complaining family or household members.

Family or household member means a spouse, family member, former spouse, parent, child, persons related by blood or marriage, persons who are in a dating relationship, persons who are presently residing together or who have resided together in the past, persons who have a child in common regardless of whether they are or have been married or have lived together at any time.

The domestic violence-screening component is included in the TANF assessment. The purpose of the screening tool is to identify victims of domestic violence, referrals to appropriate services for victims of domestic violence, and provisions to exempt victims of domestic violence from work participation requirements and the 60-month lifetime limit for TANF benefits. The exemptions are based on incapacity along with other conditions that may likewise exempt clients from participation requirements for a period of time.

Screenings that indicate past or present domestic violence may result in a referral for services. The client and worker will discuss the need for counseling, support group services or further assessment and will arrive at a strategy to address the need. It is important for victims of domestic violence to establish some control in their lives. As a first step towards this end they will be given support to develop an intervention strategy to address their present needs.

Victims of domestic violence may be excused from work participation requirements if it is determined that involvement in JOBS/Tribal NEW is likely to place the individual and their family at risk for further domestic violence. Victims of domestic violence may also receive assistance past the 60-month limit on TANF participation based on approval from the State Exemption Determination Team. See page 24 of the North Dakota State Plan. The consideration is based on identification of domestic violence, evidence that it is interfering with daily living, and participation in counseling or support services to address the problem. The purpose of the exemption is to allow the client time to address issues related to domestic violence. The long-range goal is to address these issues and get past them to a point where the client can reach self-sufficiency.

NDDHS recognizes the devastating effect of domestic violence on the lives of its victims. The TANF Program developed by North Dakota provides opportunities to identify the occurrence of domestic violence and to support families as they work to overcome the problems associated with past or present violence. The goal of the TANF Program is to identify these conditions and create individual plans to address these needs. Self-sufficiency is always the goal under TANF and in cases where good cause or exemptions are granted, they are viewed as temporary in nature.

Also see page 20 Domestic Violence of the North Dakota State Plan.

(6) A description of any noncurrent, short-term benefits provided.

North Dakota does not have a diversion or short-term program at this time.

(7) A description of the procedures the state has established and is maintaining to resolve displacement complaints, pursuant to section 407(f)(3) of the Act. This description must include the name of the state agency with the lead responsibility for administering this provision and explanations of how the state has notified the public about these procedures and how an individual can register a complaint.

No subsidized private or public sector employment or work experience placement will be allowed if: 1) there was work reduction resulting in a layoff in a similar or equivalent job, or 2) an employee is terminated in order to create a vacancy for a subsidized worker.

North Dakota Department of Human Services with Job Service North Dakota for the administration of the JOBS program. Job Service of North Dakota enters into formal agreements with any employer that provides a placement for subsidized employment. The agreement with that employer states there can be no displacement of a position for the subsidized position. Complaints of violations would be handled through Job Service of North Dakota appeals procedures. Job Service of North Dakota requires that employers have a complaint or grievance procedure in place. When the employer has no procedure, the employee is required to utilize Job Service of North Dakota. When an employee has a complaint regarding displacement, he or she must utilize the complaint or grievance procedure available and Job Service of North Dakota can always be available when they are involved.

(8) A summary of state programs and activities directed at the third and fourth statutory purposes of TANF (as specified at §260.20 (c) and (d).

The following address the third statutory purposes of TANF in the North Dakota State Plan:

• Out-of-Wedlock Pregnancy Prevention (see page 21 of North Dakota State Plan)
NDDHS in partnership with North Dakota Health Department addresses the issue of out-of-wedlock pregnancies with clients served by NDDHS programs. A training package on preventing out-of-wedlock pregnancies has been developed to present to all children, age 13 and over, that are involved in our programs. The package is made available by North Dakota Health Department to other government entities and private agencies providing services to children. Family planning information is included in light of increasing sexual activity at a younger age by today's youth.

Abstinence education is part of the training package for youth and in addition a grant may be made available in each of the eight regions for competitive bidding to develop and implement an abstinence education program for the youth in each region.

In TANF, we encourage marriage by disregarding the stepparent's income for six months from the month of marriage.

TANF benefits cannot be used as a vehicle to allow unwed minor parents to establish their own household. North Dakota requires minor parents to live with their parents or in an approved adult supervised setting in order to receive assistance. Public education is carried out in a variety of ways to inform minors of these provisions.

• Statutory Rape Education (see page 22 of North Dakota State Plan)
In TANF there is a directive to expand teen pregnancy prevention programs to include men by conducting a program of education and training on the problem of statutory rape.

North Dakota Health Department has developed a training package available to schools, law enforcement and the court system to educate service providers and government entities about statutory rape.

The training package developed is made available to a broader audience by offering it to public and private secondary schools and public and private colleges in North Dakota. NDDHS on its own does not serve as broad a population as is needed to fully address this issue. We will work to cooperate and give technical assistance to other public entitles and private organizations to distribute information to as large a group as possible.

• TANF Benefit Cap (see Page _24_of North Dakota State Plan)
Effective July 1, 1998, TANF benefits will not be increased because of an increase in household size if the increase was due to the birth of a child conceived while the mother or father was receiving TANF benefits in North Dakota. Exceptions to this provision are for children born as a result of rape, incest, or cases in which the parent is under age 18.

The fourth statutory purposes of TANF is addressed in the North Dakota State Plan on page 7, Stepparent Consideration, “In order to encourage marriage among single-parent families and assist those families when the primary individual in a TANF household marries, the income of the stepparent whose needs were not previously included in the TANF benefit will be disregarded in determining the TANF benefit for the first six months following the marriage.”

(9) An estimate of the total number of individuals who have participated in subsidized employment under 261.20(b) and (c).

Total 174

Attachment B

Annual Report on State Maintenance-of-Effort Programs: ACF-204

STATE: North Dakota      Fiscal Year: 2005

Date Submitted: October 25, 2005

Provide the following information for EACH PROGRAM for which the state claims MOE expenditures.

1. Name of Benefit or Service Program: TANF Benefits

2. Description of the Major Program Benefits, Services, and Activities:

The TANF grant is to pay for the basic living needs of TANF eligible families.

3. Purpose(s) of Benefit or Service Program:

Assist eligible low-income families in their basic living expenses.

4. Program Type. (Check one)

____X____ This Program is operated under the TANF program.

_________ This Program is a separate state program.

5. Description of Work Activities in the SSP-MOE program (i.e., complete only if this program is a separate state program):

N/A

6. Total State Expenditures for the Program for the Fiscal Year:

$8,052,324

7. Total State Expenditures Claimed as MOE under the Program for the Fiscal Year:

$8,052,324

8. Total Number of Families Serviced under the Program with MOE Funds:

This last figure represents (check one):

___X___ The average monthly total for the fiscal year.

_______ The total served over the fiscal year.

Total Expenditures - $11,066,725
MOE Expenditures - 8,052,324
% of MOE - 72.76%
Average # of Families - 2,793
% of Families Funded with MOE - 72.76%
# of Families Funded with MOE - 2,032

9. Eligibility Criteria for Receiving MOE-funded Benefits or Services under the Program:

The recipient must qualify for assistance under TANF rules.

10. Prior Program Authorization: Was this program authorized and allowable under prior law (i.e., as defined at §260.30)? (check one)

YES _X_ NO ___

11. Total Program Expenditures in FY 1995.

(NOTE: Provide only if the response on to question 10 is NO.)

This certifies that all families for wich the state claims MOE expenditures for the fiscal year meet the state’s criteria for “eligible families.”

Signature: ________________________________

Name: John Hougen_______________________

Title: Director, Public Assistance_____________

Annual Report on State Maintenance-of-Effort Programs: ACF-204

STATE: North Dakota      Fiscal Year: 2005

Date Submitted: October 25, 2005

Provide the following information for EACH PROGRAM for which the state claims MOE expenditures.

1. Name of Benefit or Service Program: Child Care Development Fund

2. Description of the Major Program Benefits, Services, and Activities:

The Child Care Development Fund pays in full or in part for Child Care expenses for low-income families

3. Purpose(s) of Benefit or Service Program:

Assist families in paying for quality child care.

4. Program Type. (Check one)

____X____ This Program is operated under the TANF program.

_________ This Program is a separate state program.

5. Description of Work Activities in the SSP-MOE program (i.e., complete only if this program is a separate state program):

N/A

6. Total State Expenditures for the Program for the Fiscal Year:

$2,401,686

7. Total State Expenditures Claimed as MOE under the Program for the Fiscal Year:

$1,017,036

8. Total Number of Families Serviced under the Program with MOE Funds:

This last figure represents (check one):

_____X___ The average monthly total for the fiscal year.

_________ The total served over the fiscal year.

Total Child Care Expenditures - $8,867,105
MOE Expenditures - 1,017,036
% of MOE - 11.47%
Average Monthly # of Children - 4,527
% of Children Funded with MOE - 11.47%
Average Monthly # of Children Funded with MOE - 519

9. Eligibility Criteria for Receiving MOE-funded Benefits or Services under the Program:

The child must qualify under the Child Care rules.

10. Prior Program Authorization: Was this program authorized and allowable under prior law (i.e., as defined at §260.30)? (check one)

YES _X_ NO ___

11. Total Program Expenditures in FY 1995.

(NOTE: Provide only if the response on to question 10 is NO.)

This certifies that all families for wich the state claims MOE expenditures for the fiscal year meet the state’s criteria for “eligible families.”

Signature: ________________________________

Name: John Hougen________________________

Title: Director, Public Assistance_______________

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This is a Historical Document.