The complaint alleges that it is the practice and policy of the agency and its caseworkers not to notify TANF recipients of the availability of the statutory exemptions. Plaintiffs move for declaratory judgment and a preliminary injunction requiring the agency to provide adequate notice of all potential exemptions to all TANF recipients, to inform those individuals of the manner in which they may obtain an exemption, and to notify them that they can have their 24-month TANF eligibility recalculated to exclude any month for which an exemption would have been applied for and appropriately granted had notice previously been given. The class of individuals affected includes those who have previously applied and been denied and those who have an application already pending for a different welfare program. State regulations incorporate various federal requirements regarding the rights to apply for assistance. Plaintiffs claim violations of federal statutory and regulatory provisions which require state agencies to allow individuals wishing to apply for the programs to do so, as well as federal due process.
Plaintiffs seek injunctive relief against the agency.
Plaintiffs allege these practices violate of their due process rights under the 14th Amendment and seek injunctive relief. At the hearing, an agency representative testified that the recipient had been sanctioned for her absences from her work program and her non-responsiveness to the Department's attempts to contact her. The hearing officer concluded that under the regulations this was the appropriate action at the time it was taken, subject to the recipient's appeal rights. The hearing officer found, however, that a verified threat of domestic violence is good cause for failing to comply with work requirements. Div. of Soc.