Policy Directive                                                             Issuance Number: TEA 98-1

Transitional Employment Assistance Manual      Issuance Date: April 6, 1998

From: Ruth Whitney, Director                                       Expiration Date: Until Superseded

Subj: Non-Compliance Sanctions-Payment Reductions & Protective Payment

The purpose of this directive is to provide TEA staff with guidance regarding the appropriate application of a payment reduction and possible protective payment in lieu of case closure when the adult fails to comply with either the TEA work requirement of child support or enforcement requirement.

TEA policy sections 3520 and 4151 allow an exception to case closure due to non-compliance when it has been determined that it is in the best interests of the under age 16 children in the family to continue cash assistance. This determination is left to the discretion of the county office but it is expected that an exception to case closure will be made in limited situations which are of an extraordinary nature.

Although it may be difficult to see how it is in the long-term interests of the children to terminate cash assistance, the intent of the case closure policy is to directly influence the adult's behavior in a positive way. Under the AFDC program many parents were willing to accept a lower grant amount if it meant that they did not have to comply with the program's work and/or child support requirements. This resulted in no effort being made by the adult to better the family's situation. It is believed that termination of cash assistance will result in the adult realizing he or she must take action to generate income and this ultimately will result in the family' financial situation improving.

However, there will be situations in which even full termination of cash assistance will not affect the parent's behavior and the children could be at risk of basic needs going unmet if no income is available to the family. The cessation of TEA cash assistance should not become the sole basis for disruption of the family unit and possible judicial removal of the children from the home. Therefore, this is the primary type of situation in which the case closure exception policy is intended to address.

Although current TEA policy does not mandate that a protective payee be found when a payment reduction sanction is imposed, it could be appropriate in the situation described above. (TEA 3520 and 4151 allow a protective payment if the worker thinks the parent will mismanage the reduced payment.) Therefore, workers are strongly encouraged to appoint a protective payee for the reduced payment when potential neglect or entry into foster care is the basis for the closure exception.

As with other mismanagement situations, it is important that work continue with the parent to resolve his or her problems so that he or she can resume control of the TEA payment and become engaged in activities to better the family's situation. In addition, since the basis for the reduced and protective payment in these situations is the possibility of neglect of the children and their possible need for foster care, DCFS should be involved in each of these cases.

There should be joint DCO and DCFS case planning in each case to make every effort to influence parental behavior in a positive way in a reasonable time period. The decision as to what is a reasonable time period should be made jointly by DCO and DCFS staff on a case-by-case basis. During this time, staff should also be working with the client to ascertain any "hidden" reasons for a continued refusal to comply, such as possible substance abuse, domestic violence, especially low self-esteem and/or social skills, etc. It is important to the family's ultimate well-being to identify such problems, bring them to the forefront, and help the client address them. It must also be noted that the time clock is still running during a period of reduced and protective payment. Therefore, this cannot be viewed as a ''permanent'' solution to the problem of a parent who fails to comply. We must continue to work with such parent and, as stated earlier, make every attempt to positively influence his or her behavior.

If you have any questions regarding this directive, please contact your Program Support Specialist.

Inquiries to: Linda Greer, TEA Unit, 682-8257

                     Lorie Williams, TEA Unit 682-8256

                     Ron Johnson, TEA Unit 682-8182

                     Renee Green, TEA Unit, 682-8266