MANUAL TRANSMITTAL
Arkansas Department of Human Services
Division of County Operations
Policy Directive Issuance Number: TEA 97-3
Transitional Employment Assistance Manual Issuance Date: 12-1-97
From: Ruth Whitney, Director Expiration Date: Until Superseded
Subj: AFDC IPV Disqualifications
Because of several problems associated with excluding from the TEA Unit a parent who has been found guilty of an AFDC Intentional Program Violation (IPV), the decision has been made to lift those disqualifications. These problems include counting the case for purposes of the time limit, applying TEA work requirements, and being able to work easily from a systems standpoint with an adult who is under a six or twelve month disqualification since he or she is not on the WISE system. For those adults under a permanent disqualification, we have been advised that the time limit does not apply to them at all. Since this does not appear to be in keeping with the intent of the disqualification and does not appear to be equitable treatment of families, it has been decided that the best way to solve these problems is to lift the disqualifications. The adult will then be in open status on both the WISE and ACES systems so that work activities can be required and the time limit counted. The purpose of this directive is to outline the policy and procedures for handling current cases under a disqualification and those for which disqualification hearings are pending and decisions are made in the future.
Active TEA Cases with a Disqualified Member
The Office of Program Planning & Development will identify any active TEA cash assistance case which includes an adult who is in closed status due to an AFDC IPV disqualification. Any County Office which has such a case will be sent a notice advising of the case.
Upon receipt of the notice, the County Office will contact the casehead and request the disqualified individual to come into the office for an interview and Employability Assessment. During the interview, it will be explained that the disqualification sanction is being lifted, but that the disqualification will continue to count for purposes of any future TEA IVP disqualifications. The TEA IPV disqualification sanctions should also be emphasized to the client.
If the disqualified adult completes the assessment to the County Office's satisfaction and all other program requirements are met, the adult will be added to the TEA payment and will be treated as any other adult included in the unit. (Note: If the disqualified adult refuses or fails to complete the assessment, then appropriate action to close the case will be initiated
AFDC IPV Disqualification Decisions Received in the Future
The Appeals and Hearings Section will continue to conduct AFDC-IPV Hearings and will continue to make and issue disqualification decisions. Upon receipt of an AFDC-IPV disqualification decision, the County Office will file the decision in the case record but will not take action to drop the adult from the TEA payment. However, the County Office will notify the casehead of the disqualification decision via Form DCO-1. (Do not send Form DCO-120). The notice will simply advise the casehead of the decision, that no payment sanction is being imposed, but that the disqualification will count for purposes of any future disqualifications against the TEA program..
Please note that these procedures apply only to disqualifications resulting from an International Program Violation against the AFDC program. Any disqualifications resulting from an IPV against the TEA program will be handled in accordance with TEA policy -sections TEA 8102 and 8103.
Inquiries to: Linda Greer, TEA Policy Unit, 682-8257
Lorie Williams, TEA Policy Unit, 682-8256
Ron Johnson, TEA Policy Unit, 682-8182
Renee Green, TEA Policy Unit, 682-8266