reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 105 - SAFEGUARDING INFORMATION › Section 105.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Legal
				  provisions
. The legal provisions relating to policy for safeguarding
				  information are as follows:
(1) The
				  provisions of this chapter safeguard information relating to individual
				  applicants and recipients of public assistance by restricting the use or
				  disclosure of the information as required by sections 404, 425 and 505 of the
				  Public Welfare Code (62 P. S. §§
												404,
				  425 and
				  505).
(2) The term "PA" as used throughout this
				  section includes the cash assistance program (TANF, GA, SBP), the ETP, the
				  child welfare program, the child support enforcement program, the MA Program,
				  the SSI Program and the Social Services Program.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 105 - SAFEGUARDING INFORMATION › Section 105.3 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The records and
				  files of the Department will be used only by those employees properly concerned
				  with them in performing their duties. Case records and other information
				  relating to a client will be forwarded to the State Office upon request. The
				  use of information by county board members is governed by the same rules as
				  govern employees.
(b) The use of
				  information in the possession of the Department concerning applicants and
				  recipients is restricted to purposes directly connected with the following:
(1) The administration of the public
				  assistance programs of the Department. The purposes include establishing
				  initial and continued eligibility, determining amount of assistance to be
				  granted and providing services.
(2)
				  An investigation, prosecution or criminal or civil proceeding conducted in
				  connection with the administration of the programs.
(3) The administration of another Federal or
				  Federally-assisted program which provides assistance, in cash or in-kind, or
				  services directly to individuals on the basis of need.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 105 - SAFEGUARDING INFORMATION › Section 105.4 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Use and
				  disclosure of information outside the Department
. The Department will
				  use information or disclose it to private individuals, officials or agencies
				  outside the Department as set forth in the following:
(1) Provided that the information is not to
				  be used for political or commercial purposes, the address and amount of
				  assistance a person is currently receiving will be disclosed to an adult
				  resident of this Commonwealth who asks for the information about a person. In
				  releasing the information, the county office must be reasonably assured that
				  the person is 21 years of age or older and a resident of this Commonwealth. The
				  county office also will take the following steps:
(i) If the inquirer appears in person, the
				  information in the "Request" section of
Form PA 163, Request for
				  Address and/or Amount of Assistance
will be filled in, and the person
				  making the request shall sign the form before the information is disclosed. The
				  "Reply" section of the form will then be completed.
(ii) If the request is made by telephone and
				  the inquirer is known to the person receiving the request and the inquirer
				  knows about the restrictions on the use of information, the information will be
				  given over the telephone. Otherwise, the inquirer will be advised to either
				  come to the office or to make his request in writing. If information is given
				  over the telephone, the person giving the information will prepare a Form PA
				  163 (Request for Address and/or Amount of Assistance) for file, showing the
				  name of the person making the request.
(iii) If the information is requested by
				  correspondence, the county office will prepare a reply in duplicate, always
				  including in any reply that gives information the following excerpts from the
				  Public Welfare Code (62 P. S. §§
													404 and
				  483):
Section 404: The department shall have the power to make
					 and enforce regulations:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 105 - SAFEGUARDING INFORMATION › Section 105.5 - Access by an individual to his case file

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as limited by subsection (b), the
				  entire contents of the case file of an individual which is maintained by a
				  County Assistance Office, administering agency or service provider, will be
				  made available to the individual and to his authorized representative. The
				  agency may request that authorization of the representative be in writing
				  signed by the individual. Requests for access will be honored if approved by
				  the County Assistance Office Director or made at the following times:
(1) At the time of redetermination of
				  eligibility or reapplication for assistance.
(2) After a request for a fair
				  hearing.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 107 - NONDISCRIMINATION › Section 107.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Legal
				  provision.
Under the Civil Rights Act of 1964 (42 U.S.C.A. §§
											1971,
				  1975a-1975d,
				  2000a-2000a-6,
				  2000b-2000b-3,
				  2000c-2000c-9,
				  2000d-2000d-4,
				  2000e-2000e-17,
				  2000f,
				  2000g-2000g-3 and
				  2000h-2000h-6)
				  discrimination in Federally assisted programs is prohibited. Notwithstanding
				  the limited applicability of the Federal law, the provisions of this chapter
				  apply to all categories of public assistance regardless of sources of
				  financing. Section 601 of the Civil Rights Act of 1964 (42 U.S.C.A. §
											2000d) states:
No person in the United States shall, on the grounds of
					 race, color, or national origin, be excluded from participation in, be denied
					 the benefits of, or be subjected to discrimination under any program or
					 activity receiving Federal financial assistance.
In addition, section 504 of the Rehabilitation Act of 1973
					 (29 U.S.C.A. §
												794) states:
No otherwise qualified handicapped individual in the United
					 States, as defined in section 706(7) of this title, shall, solely by reason of
					 his handicap, be excluded from the participation in, be denied the benefits of,
					 or be subjected to discrimination under any program or activity receiving
					 Federal financial assistance or under any program or activity conducted by any
					 Executive agency or by the United States Postal Service.
(b)
General policy.
General
				  policy relating to nondiscrimination is as follows:
(1) The prohibition against discrimination
				  extends to all forms of assistance, including money payments and vendor
				  payments for medical care, social services and information and referral
				  services.
(2) The provisions
				  governing the administration of public assistance are, and shall continue to
				  be, designed to assure equal rights, benefits and opportunities to persons,
				  regardless of race, color, national origin or handicap.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 107 - NONDISCRIMINATION › Section 107.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Handicapped person
-A person who has a
					 physical or mental impairment which substantially limits one or more major life
					 activities, has a record of an impairment or is regarded as having an
					 impairment.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 107 - NONDISCRIMINATION › Section 107.3 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application.
Nondiscrimination requirements shall apply to
				  applicants and recipients and others participating in the programs. The
				  requirements relate not only to the activities of employes of the Department
				  engaged in the direct administration of public assistance but also to services
				  purchased or otherwise obtained from other agencies, organizations and
				  institutions for public assistance clients; and to the treatment of clients in
				  facilities in which the services are provided.
(b)
Prohibited practices of
				  discriminatory actions.
Specifically prohibited shall be
				  discriminatory actions which directly or indirectly:
(1) Deny an individual any aid, care,
				  services or other benefits of the public assistance programs.
(2) Provide any aid, care, services or other
				  benefits to an individual which are different, or are provided in a different
				  manner, from those provided to others under the programs in the same
				  circumstances.
(3) Subject an
				  individual to segregation or separate treatment in any matter related to his
				  receiving any aid, care, services or other benefits of the programs.
(4) Restrict an individual in any way in the
				  enjoyment of an advantage or privilege enjoyed by others receiving any aid,
				  care, services or other benefits provided under the programs.
(5) Treat an individual differently from
				  others in determining eligibility for aid, care, services or benefits under the
				  programs.
(6) Deny an individual
				  the right to participate in service programs or afford him an opportunity to do
				  so which is different from that afforded others under the program.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 107 - NONDISCRIMINATION › Section 107.4 - Procedures to assure nondiscrimination of participating agencies, institutions, organizations and vendors

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Administrative responsibilities for assuring
				  nondiscrimination.
The administrative responsibilities for assuring
				  nondiscrimination will be as follows:
(1)
				  Participating agencies, institutions, organizations and vendors shall agree to
				  comply with the nondiscriminatory requirements in order to be eligible for
				  participation in the public assistance programs. However, the determination
				  that discrimination does not occur in the care of services provided public
				  assistance applicants or recipients will be a continuing responsibility of
				  staff.
(2) The responsibility for
				  assuring that in fact nondiscrimination exists will be carried out by
				  observation and inquiry by the caseworkers and other staff in the course of
				  visits to participating facilities, or in contacts with the client or other
				  persons in the community. If a practice is observed which may be
				  discriminatory, it will be reported to the Executive Director for further
				  review, and, if necessary, corrective steps. A situation which cannot be
				  resolved by the Executive Director in a reasonable period of time by
				  negotiation will be referred to the regional compliance officer.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes rules and policies that apply to
					 victims of domestic violence who are applicants for or recipients of TANF or GA
					 cash assistance. These policies reflect the Department's commitment to address
					 domestic violence among welfare recipients and are based on the Department's
					 election of the FVO, authorized under Federal law.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.3 - Universal notification

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will provide applicants and recipients with
					 information about:
(1) Policies and
				  procedures relating to domestic violence.
(2) Referrals to domestic violence
				  services.
(3) Good cause waivers of
				  certain TANF and GA program requirements.
(4) Specific information about program
				  requirements if a waiver is not requested.
(5) Safeguards that may help the individual
				  safely comply with program requirements, including placement of an FVI as
				  defined in §
										108.2 (relating to definitions) on
				  Department and DRS files and other confidentiality protections.
(6) Opportunities to participate as a
				  volunteer in work or work-related activities, including education and training,
				  and to receive supportive services, under §§
										165.31 and
				  165.41 (relating to RESET
				  participation requirements; and eligibility for special allowances for
				  supportive services) if the individual receives a good cause waiver.
This section cited in 55 Pa. Code §
												108.4 (relating to written
						notification).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.4 - Written notification

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will provide applicants and recipients with
					 written notification of the information described in §
										108.3 (relating to universal
					 notification).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.5 - Individual notification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Department will provide applicants with written notification of the right to
				  claim good cause based on domestic violence.
(b) The Department will provide recipients
				  who have not previously disclosed domestic violence with written notification
				  of the right to claim good cause based on domestic violence as follows:
(1) Prior to referral to the DRS.
(2) When the Department has reason to believe
				  a family or household member has been subjected to or is at risk of further
				  domestic violence.
(3) Prior to
				  imposing a sanction for noncooperation with child support requirements
				  according to §
											187.26 (relating to
				  noncooperation).
(4) When
				  compliance with work requirements as defined in §
											108.2 (relating to definitions) is
				  discussed according to §
											165.51 (relating to compliance
				  review) and prior to imposing a sanction for noncooperation with work
				  requirements according to §
											165.61 (relating to
				  sanctions).
(5) Prior to denying,
				  terminating, reducing or suspending benefits due to failure to comply with a
				  TANF or GA program requirement.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.6 - Policy for applicants or recipients in immediate danger

Current through Register Vol. 54, No. 28, July 13, 2024
If an applicant or recipient is in immediate danger, the
					 Department will:
(1) Provide a private
				  space to allow the applicant or recipient to call a domestic violence hotline,
				  if requested.
(2) Offer the
				  applicant or recipient help in making arrangements for emergency shelter,
				  medical care, transportation, child care and work.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.7 - Requirements subject to waiver

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The policies set forth in §§
										108.8-108.13 apply to good cause waivers
				  of requirements for support cooperation, work, time limits, teen parents,
				  verification and other TANF and GA program requirements, based on domestic
				  violence.
(b) The Department may
				  not waive the following TANF or GA program requirements except as provided in
				  subsection (c):
(1) Minor child under §
				  145.41 (relating to policy).
(2)
				  Specified relative under §
											151.41 (relating to
				  policy).
(3) Income under §
											183.5 (relating to income
				  verification).
(4) Resources under
				  §
											177.1 (relating to general
				  requirements).
(5) Citizenship
				  under §
											149.23 (relating to
				  requirements).
(6) Deprivation
				  under §
											153.41 (relating to
				  policy).
(7) Enumeration under
				  §
											155.2 (relating to
				  general).
(8) Identity under §
											125.1 (relating to
				  policy).
(9) Criminal status under
				  sections 432(9) and 481.1 of the Public Welfare Code (62 P. S.
				  §§
												432(9) and
				  481.1) regarding eligibility;
				  false statements; investigations; and penalty.
(10) Residency under §
											147.23 (relating to
				  requirements).
(11) GA categorical
				  eligibility requirement under §
											141.61 (relating to
				  policy).
(12) Signature on required
				  forms, such as the application for benefits and authorization for release of
				  information form under § 125.1.
(13) Permanent sanction under §
											165.61 (relating to
				  sanctions).
(14) Application for
				  and cooperation in establishing eligibility for potential income under section
				  432.21(a) of the
				  Public Welfare Code (62 P. S. §
												432.21(a)) regarding
				  requirement that certain Federal benefits be the primary source of
				  assistance.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.8 - Claiming good cause based on domestic violence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual may request a good cause
				  waiver of a TANF or GA program requirement based on past, present or risk of
				  further domestic violence, as defined in §
										108.2 (relating to
				  definitions).
(b) The Department
				  will grant a good cause waiver of a TANF or GA program requirement if
				  compliance with the program requirement would result in one of the following:
(1) Making it more difficult for the
				  individual or family member to escape domestic violence.
(2) Placing the individual or family member
				  at risk of further domestic violence.
(3) Unfairly penalizing the individual or
				  family member because of domestic violence.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.9 - Time limits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant
				  or recipient may receive up to 12 months of TANF cash assistance that do not
				  count towards the 60-month TANF time limit according to §
										141.41(d)
				  (relating to policy) based on past, present or risk of further domestic
				  violence to the individual or family member. The months need not be
				  sequential.
(b) Individuals may
				  receive Extended TANF, as defined in §
										141.52 (relating to definitions),
				  if the individual or family member is or has been a victim of domestic violence
				  or is at risk of further domestic violence according to §
										141.53 (relating to eligibility
				  based on domestic violence).
(c)
				  Individuals may be eligible for cash assistance under this section regardless
				  of whether the alleged abuser is in the household.
This section cited in 55 Pa. Code §
												108.7 (relating to requirements
						subject to waiver).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.10 - Verification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual
				  who requests a good cause waiver of a TANF or GA program requirement based on
				  domestic violence shall complete the verification form provided by the
				  Department.
(b) The Department will
				  provide the verification form, in person or by mail, to an individual who
				  requests the form and will instruct the individual to provide verification that
				  may include one of the following:
(1) Law
				  enforcement records.
(2) Court
				  records.
(3) Medical or treatment
				  records, or both.
(4) Social
				  services records.
(5) Child
				  protective services records.
(6)
				  Third party verification from a public or private organization or an individual
				  with knowledge of the circumstances including:
(i) A domestic violence service
				  provider.
(ii) A medical,
				  psychological or social services provider.
(iii) A law enforcement
				  professional.
(iv) A legal
				  representative.
(v) An
				  acquaintance, friend, relative, or neighbor of the claimant, or other
				  individual.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.11 - Time frames for good cause waiver determinations based on domestic violence

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will make a good cause waiver determination
					 within 15 calendar days from the date the claim was initiated by the applicant
					 or recipient.
This section cited in 55 Pa. Code §
												108.7 (relating to requirements
						subject to waiver).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.12 - Notice of good cause waiver determinations based on domestic violence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
				  will provide written notice to the individual of its determination regarding
				  the good cause waiver request.
(b)
				  If the Department grants the waiver request, the notice will:
(1) State the program requirement being
				  waived.
(2) Explain the duration of
				  the waiver. If the Department is uncertain of the duration of the need for the
				  waiver, the notice will explain that the waiver will remain in effect as long
				  as necessary, subject to review every 6 months.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.13 - Review of waivers

Current through Register Vol. 54, No. 28, July 13, 2024
When the Department determines that a waiver of a TANF or
					 GA program requirement based on domestic violence is appropriate, it will grant
					 the waiver for as long as necessary, subject to review every 6 months as
					 follows:
(1) An individual who
				  verified domestic violence under §
										108.10(b)
				  (relating to verification) need not provide new or additional verification at
				  the 6-month review if circumstances have not changed since the waiver was
				  initially granted or since the last 6-month review.
(2) An individual who affirmed domestic
				  violence under §
										108.10(c) may
				  provide verification under §
										108.10(b) for the
				  waiver to continue.
(3) An
				  individual who affirmed domestic violence but remains unable to provide
				  verification under §
										108.10(b) may
				  again affirm domestic violence on the verification form provided by the
				  Department under §
										108.10(c). The
				  individual may receive a waiver for an additional 6 months.
(4) An individual who remains unable to
				  provide verification under §
										108.10(b)  after
				  12 months may have the waiver continue by affirming domestic violence under
				  §
										108.10(c),
				  subject to approval by the Department on a case-by-case basis. The individual's
				  waiver and benefits will continue pending the Department's decision. If the
				  waiver is approved, the individual may, if necessary, continue to affirm at
				  each subsequent 6-month redetermination.
This section cited in 55 Pa. Code §
												108.7 (relating to requirements
						subject to waiver).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.14 - Safeguarding information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
				  required by law or pursuant to the individual's written authorization, the
				  Department may not disclose or release the following information about an
				  applicant, recipient or family member who has disclosed domestic violence, has
				  a Protection from Abuse Order or is at risk of further domestic violence by the
				  disclosure of information:
(1) The residential
				  address, the name and address of the individual's employer, education,
				  training, or work program or other work activity, the name and address of the
				  children's school and the identity and location of child care or medical
				  providers.
(2) Whether the
				  individual or family member is living in a domestic violence shelter and
				  location of the shelter.
(3) The
				  amount of benefits received by the individual or family member.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.15 - Alternate address

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  victim of domestic violence may use an alternate mailing address if one of the
				  following applies:
(1) The individual has
				  applied for or received a good cause waiver based on domestic
				  violence.
(2) The individual is at
				  risk of further domestic violence.
(3) The individual is a participant in the
				  Address Confidentiality Program administered by the Pennsylvania Office of
				  Victim Advocate, under 37 Pa. Code Chapter 802 (relating to The Domestic and
				  Sexual Violence Address Confidentiality Program).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.16 - DRS responsibility for the FVI

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will instruct the DRS to
				  place an FVI in PACSES, as defined in §
										108.2 (relating to definitions),
				  for an individual who receives cash assistance and discloses domestic violence.
(1) For individuals who make a personal
				  appearance at the DRS and request an FVI be placed in their files, the DRS
				  shall place the FVI in PACSES.
(2)
				  For individuals in counties in which a personal appearance at the DRS is
				  waived, the Department will electronically inform the DRS that a FVI was placed
				  on the automated client information system and directs DRS to place the FVI on
				  PACSES.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.17 - Agreement of Mutual Responsibility (AMR)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To ensure confidentiality, the Department
				  will not record information about domestic violence on the AMR, as defined in
				  §
										123.22 (relating to
				  definitions).
(b) If the Department
				  has waived a TANF or GA program requirement based on domestic violence, the
				  Department will identify the specific requirement that is being waived on the
				  AMR. The AMR will not include the basis for the waiver.
(c) The AMR serves as the domestic violence
				  service plan in accordance with
				  45 CFR
				  260.55 (relating to what are the additional
				  requirements for Federal recognition of good cause domestic violence
				  waivers).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 108 - FAMILY VIOLENCE AND TANF AND GA GENERAL PROVISIONS › Section 108.18 - Referral for services

Current through Register Vol. 54, No. 28, July 13, 2024
When an applicant or recipient discloses domestic violence
					 or requests a referral to domestic violence services, the Department will
					 provide the individual with names, phone numbers and information about the
					 services of local domestic violence agencies, which may include shelter, safety
					 planning and counseling.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 109 - AUDITS › Section 109.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Legal
				  responsibility.
The legal responsibility for audits will be as
				  follows:
(1) The Department of the Auditor
				  General is the State Auditing Agency with the authority and responsibility of
				  auditing the administration of the financial affairs of specified agencies and
				  departments as mandated by the Fiscal Code (72 P. S. §§
												1-1855) whenever and wherever it deems
				  advisable.
(2) Relative to the
				  Office of Income Maintenance, Department of Human Services, one of the
				  functions of the Department of the Auditor General will be to conduct audits of
				  the County Boards of Assistance.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 109 - AUDITS › Section 109.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise:
Exception
-A finding by an auditor of an
					 action or process which is not in accord with the rules and regulations of the
					 Department. It may be a discrepancy of either omission or
					 commission.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 111 - QUALITY CONTROL › Section 111.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Quality Control (QC) is a system of continuing
				  Commonwealth review designed to operate an effective measurement of the
				  accuracy of decisions on eligibility and extent of entitlement for assistance
				  payments, Food Stamps and eligibility for MA. A review will also be made to
				  assure compliance with Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. §§
											2000e-2000e-17).
(b)
Administrative
				  responsibility.
Administrative responsibilities in the QC area are as
				  follows:
(1) The Division of Quality Control
				  will have the responsibility for administration and supervision of the Federal
				  Quality Control System for the Commonwealth.
(2) The Division of Quality Control will
				  operate out of field offices in each of the four regions of this Commonwealth.
				  Each field office will be staffed with an office supervisor, reviewers and
				  clerical support. Staff members will be State office personnel who are assigned
				  to the offices to meet workload demands. No part-time review staff will be
				  employed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 111 - QUALITY CONTROL › Section 111.3 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Analysis of and action on findings.
The following is an
				  analysis and summary of action on Quality Control (QC) findings:
(1) Periodic reports on QC review findings
				  will be submitted by the Chief, Division of Quality Control, as follows:
(i) Findings regarding assistance
				  payments-cash grant and MA-will be sent to the Assistance Payments
				  Administration, United States Department Human Services.
(ii) Findings regarding the Food Stamp
				  Program will be sent to the Program Development Branch, Food Stamp Division,
				  Food and Nutrition Service, United States Department of Agriculture.
(iii) Within the Department, findings will be
				  sent to the Deputy Secretary, Office of Income Maintenance.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart A - Assistance Policies and Procedures › Chapter 111 - QUALITY CONTROL › Section 111.4 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Data
				  reported by county office on Form PA 96 and Form PA 96-S.
To provide
				  State Office with data needed, the County Office will prepare a Form PA 96 or
				  Form PA 96-S, Quality Control Card, for Food Stamp cases. Each reporting office
				  will assign a staff member to act as a liaison between the county office and
				  Office of Inter-Program Planning and Evaluation with respect to the collection
				  and submittal of QC data. The name of the person, phone number and county name
				  will be submitted when necessary to keep a current listing in the State Office.
(1)
Negative action cases.
The following will apply to negative action cases:
(i)
Application not
				  authorized.
Form PA 96 cards for applications not authorized will be
				  submitted to the Office of Inter-Program Planning and Evaluation at the end of
				  each week. Requests for information, where eligibility is not determined, will
				  not be included. For the Food Stamp Program, a Form PA 96 will be prepared for
				  each assistance and nonassistance application not authorized when an agency
				  determination was made that a household failed to meet eligibility
				  requirements. These will be arranged chronologically by date of decision before
				  being submitted. No card may be submitted for failure for a household to keep
				  an appointment for scheduled application interview.
(ii)
Cases closed.
Form PA
				  96 cards for Food Stamp cases closed will be submitted to the Office of
				  Inter-Program Planning and Evaluation at the end of each week. A Form PA 96 ( )
				  will be prepared for each assistance and nonassistance case determined
				  ineligible. These will be arranged chronologically by date of decision before
				  being submitted. No card may be submitted for households which fail to appear
				  for an interview. For QC purposes, the following discontinuances will be
				  arranged chronologically by date of decision before being submitted and will
				  not be reviewed and no card will be submitted.
(A) Closure of a case due to the death of all
				  members of a household.
(B) Closure
				  of a case due to a household moving from this Commonwealth.
(C) Failure of household to report for
				  recertification interview, and certification period expires.
(D) Closure due to failure to cooperate with
				  QC review.
(E) Lapses, that is,
				  automatic discontinuance because the household fails to purchase coupons for 3
				  months.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart B - Intake and Redetermination › Chapter 121 - GENERAL INTAKE AND REDETERMINATION PROVISIONS › Section 121.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
It is essential that workers responsible for the
				  client's initial contact with the Department be familiar with Department
				  policies and recognize the need to effectively carry out their tasks in
				  accomplishing the purposes of the system described here and in Chapter 101
				  (relating to general provisions).
(b)
Prohibited practices in
				  determining eligibility.
Procedure prohibited in determining
				  eligibility are as follows:
(1) The standards
				  set forth in this section apply in determining initial and continued
				  eligibility. They reflect basic principles concerning the rights and
				  responsibilities of individuals and governmental agencies in a democracy. They
				  are necessary to insure that the basic rights of an individual are respected
				  and protected during the process of determining eligibility for public
				  assistance, and to inspire public confidence in the agency and its
				  services.
(2) The initial or
				  continued eligibility of a person will be determined in a manner consistent
				  with his rights under the Constitution, the Social Security Act (42 U.S.C.A. §§
												301-1397f), Title VI of the Civil
				  Rights Act of 1964 (42
				  U.S.C.A. §§
												2000e-2000e-8), and
				  State statute. Every practice must respect the individual's right to privacy
				  and personal dignity and conform in every way with due process of law. Any
				  practice that violates any of his rights or subjects him to harassment or
				  infringes on his civil liberties is forbidden. Any practices that violate
				  personal dignity or privacy, constitute harassment of the individual, or
				  violate his personal rights are prohibited. As a matter of courtesy and
				  effective administration, an individual should receive prior notice, whenever
				  practical, of a planned visit.
(3)
				  To illustrate, the following practices are prohibited:
(i) Entering a home by force, or without
				  permission, or under false pretenses.
(ii) Searching in the home, rooms, closets,
				  drawers or papers, to seek clues for example to possible deception.
(iii) Questioning based on a presumption of
				  guilt.
(iv) Except for emergencies
				  of the client, making home visits outside of working hours and especially
				  during sleeping hours, generally 10 p.m. to 7 a.m., unless arranged for by
				  appointment.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart B - Intake and Redetermination › Chapter 121 - GENERAL INTAKE AND REDETERMINATION PROVISIONS › Section 121.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The words and terms used in this chapter and in Chapter 125
					 (relating to the application process) are defined in §
										123.22 (relating to definitions).
					 These definitions apply unless the context clearly indicates
					 otherwise.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart B - Intake and Redetermination › Chapter 121 - GENERAL INTAKE AND REDETERMINATION PROVISIONS › Section 121.3 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Responsibilities of the county office.
Responsibilities of the
				  county office are as follows:
(1) The county
				  office will be responsible for giving to every person who asks for help, the
				  service appropriate to the function of the Department.
(2) To carry out this responsibility, the
				  county office will have responsibility for the following functions:
(i) Making fully available the opportunity to
				  apply for financial assistance and other services.
(ii) Providing a helping atmosphere,
				  evidencing respect for the dignity of each person and sensitive appreciation of
				  his capacities by taking into account his strengths and limits.
(iii) Providing information on the services
				  and benefits available from the Department and other agencies, public or
				  private.
(iv) Promptly deciding on
				  the eligibility of each person applying for assistance as set forth in §
												125.24 (relating to
				  procedures).
(v) Promptly
				  authorizing and providing assistance and services desired to each eligible
				  applicant.
(vi) Providing each
				  client with the opportunity to carry his grievances to higher
				  authorities.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart B - Intake and Redetermination › Chapter 123 - DEFINITIONS › MA INTAKE AND REDETERMINATION DEFINITIONS FOR THE CATEGORICALLY NEEDY › Section 123.72 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The definitions of applicant, application and inquiry as
						set forth in §
											123.82 (relating to definitions)
						shall apply to Categorically Needy MA.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart B - Intake and Redetermination › Chapter 125 - APPLICATION PROCESS › GENERAL PROVISIONS › Section 125.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. Application is made on an application form approved
					 by the Department.
(b)
Identification
. At the application interview, an applicant
					 shall present proof of identity using documents such as a Social Security Card,
					 driver's license, selective service card, voter registration card, a
					 Departmental identification card or a work or school I.D. If documentary proof
					 of identification is not readily available, the worker shall attempt to verify
					 the applicant's identity through a collateral contact. Examples of acceptable
					 collateral contacts include social service agencies, landlords, employers,
					 neighbors and others who can be expected to provide accurate third-party
					 verification.
(c)
Referral
					 to the domestic relations section of the court
. To receive benefits
					 for himself, an applicant applying on behalf of a child whose eligibility is
					 based on deprivation due to absence of a parent from the home shall be referred
					 to the domestic relations section or other applicable division of the court of
					 common pleas unless the applicant is claiming good cause as specified in
					 Chapter 187 (relating to support from relatives not living with the client).
					 The caretaker relative may still apply for and receive benefits for eligible
					 minor children without completing the referral process.
(d)
Signing of application
					 form
. Requirements for signing of an application form are as follows:
(1) The applicant, regardless of age, shall
					 sign prior to filing the form and again during the application
					 interview.
(2) Persons applied for
					 who are 18 years of age or older and emancipated minors 17 years of age or
					 younger shall sign during the application interview or within 30-calendar days
					 from the date of authorization.
(3)
					 Failure to sign shall result in the ineligibility of the person required to
					 sign the form.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart B - Intake and Redetermination › Chapter 125 - APPLICATION PROCESS › TANF/GA PROVISIONS FOR THE APPLICATION PROCESS › Section 125.21 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Client
					 as the primary source of information.
The client will be the primary
					 source of information in establishing eligibility for cash assistance. In
					 establishing his eligibility, the client shall be required to substantiate the
					 information the applicant has provided by documentary evidence or other means
					 as may serve to establish the truth of the applicant's statements.
(b)
Verification.
Conditions
					 of eligibility, need, which includes need for special need allowances, and
					 resource items will be verified at the application interview and prior to
					 authorizing cash assistance and at the time of each redetermination, complete
					 or partial, as specified in Chapter 133 (relating to redetermining
					 eligibility).
(1) If necessary verification is
					 pending from a third party including certification of cooperation from the
					 Domestic Relations Section of the Court of Common Pleas and the client has
					 cooperated in the verification attempt, initial authorization of cash
					 assistance will not be delayed more than 30-calendar days from the date of
					 receipt of a completed, signed application.
(2) Verification subsequent to authorization
					 shall be provided within 30-calendar days following the authorization date. If
					 the client is cooperating in the verification attempt and the delay in securing
					 the information is due to a third party, assistance will continue until
					 documentation is secured. Cooperation and progress on securing the
					 documentation shall be reassessed every 30-calendar days.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart B - Intake and Redetermination › Chapter 125 - APPLICATION PROCESS › TANF/GA PROVISIONS FOR THE APPLICATION PROCESS › Section 125.24 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Interviewing the client.
The client interview will conform
					 with the following:
(1)
Planning of
					 interviews.
The planning of interviews will conform with the
					 following:
(i) The CAO shall conduct personal
					 interviews with the applicant, recipient, or the caretaker relatives of needy
					 children. The number of interviews will depend on the individual situation.
					 Interviews are scheduled with the least possible delay on the basis of joint
					 planning by the client and staff. Only the worker and the client are present at
					 interviews unless the client wants other persons included.
(ii) The setting that is chosen for an
					 interview will be that which best serves the purpose of the interview and is
					 most satisfactory for the applicant and the agency. When a choice of settings
					 is possible, the following factors are weighed: privacy; freedom from
					 distraction; physical condition of the applicant; child care and similar
					 responsibilities; distance from the applicant's home to the office;
					 availability of transportation and, especially, cost of transportation; the
					 type of information sought; and any other pertinent factors.
(iii) If the setting chosen for an interview
					 is the home of the client, the worker will show the client his Departmental
					 identification card.
(iv) The
					 interview must be conducted in accordance with §
													121.3 (relating to
					 requirements).
(v) If the applicant
					 formerly applied for or received assistance, the worker will familiarize
					 himself with the content of the record before the interview, in order to plan
					 for a helpful and appropriate interview.