§ 20-76-410 — Administrative sanctions - Transitional employment assistance

(a) A reduction in financial assistance or case closure shall be imposed in the following situations: (1) The individual fails without good cause to cooperate with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; (2) The individual refuses to accept employment without good cause; (3) The individual quits employment without good cause; (4) The individual fails without good cause to comply with the provisions of the employment plan; (5) The individual fails without good cause to comply with the provisions of the personal responsibility agreement; or (6) The individual flees prosecution or custody or confinement following conviction or is in violation of the terms or conditions of parole, post-release supervision, or probation. (b) The Department of Human Services may define by rule additional situations that require sanction, establish additional sanctions, and provide for administrative disqualification. (c) (1) If a parent fails to comply with the Transitional Employment Assistance Program requirements, financial assistance for the child or children may be continued under subdivisions (a)(1)-(5) of this section, and the department shall suspend the family's assistance for one (1) month. (2) (A) During the thirty (30) days after suspension of benefits, the department shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary. (B) In the face-to-face meeting, the department shall explain: (i) The reason that the family has been found to be noncompliant; (ii) The penalty that will be imposed; and (iii) The opportunity to correct that noncompliance and avoid the penalty. (C) The department shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children. (D) If the parent comes into compliance within fifteen (15) business days after the face-to-face meeting and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the family. (3) If the parent fails to come into compliance during the period of suspended benefits, the family's financial assistance may be reduced by up to twenty-five percent (25%) for the next three (3) months if noncompliance continues. (4) If the parent's noncompliance continues after the fourth month, the department shall suspend the family's financial assistance for two (2) months. (5) (A) During the thirty (30) days after suspension of benefits, the department shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary. (B) In the face-to-face meeting, the department shall explain: (i) The reason that the family has been found to be noncompliant; (ii) The penalty that will be imposed; and (iii) The opportunity to correct that noncompliance and avoid the penalty. (C) The department shall also seek to determine the well-being of the child or children and whether additional services or actions are required to protect the well-being of the child or children. (D) If the parent comes into compliance within fifteen (15) business days and maintains compliance for two (2) weeks, the suspended benefits shall be paid to the parent. (E) If the parent fails to come into compliance during the second period of suspended benefits, the family's financial assistance may be reduced by up to fifty percent (50%) for the next three (3) months, if noncompliance continues. (F) Months during which cash assistance benefits are suspended shall not count toward the family's twelve-month limit on receiving Transitional Employment Assistance Program assistance. (G) The Transitional Employment Assistance Program cash assistance case shall be closed if noncompliance continues after the end of the period under this subdivision (c)(5). (6) The department shall arrange a home visit with the family during the last month of the sanction to determine the well-being of the child or children and to determine whether additional services are required to protect the well-being of the child or children. (7) Medicaid and food stamp benefits shall be continued without need for reapplication if the family is being sanctioned and for as long as the family remains eligible under the requirements of those programs. (8) Department staff may contract with other state agencies, local coalitions, or appropriate community organizations to carry out the strong efforts to communicate with families facing sanction and to conduct the face-to-face meetings and home visits specified in this section. (d) The department shall include in the comprehensive annual program report information on the families sanctioned and the outcomes of the home visits to the Governor and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. (e) When appropriate, protective payees may be designated by the department and may include: (1) A relative or other individual who is interested in or concerned with the welfare of the child or children and agrees in writing to utilize the assistance in the best interests of the child or children; (2) A member of the community affiliated with a religious, community, neighborhood, or charitable organization who agrees in writing to utilize the assistance in the best interests of the child or children; or (3) A volunteer or member of an organization who agrees in writing to utilize the assistance in the best interests of the child or children. (f) (1) If it is in the best interest of the child or children, as determined by the department, for the staff member of a private agency, a public agency, the department, or any other appropriate organization to serve as a protective payee, the designation may be made. (2) However, a protective payee shall not be any individual involved in determining eligibility for assistance for the family, staff handling any fiscal pressures related to the issuance of assistance, or landlords, grocers, or vendors of goods, services, or items dealing directly with the recipient.

Legislative History

Amended by Act 2023, No. 659,§ 245, eff. 1/1/2024. Amended by Act 2023, No. 832,§ 12, eff. 7/1/2023. Amended by Act 2023, No. 266,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 526, eff. 7/1/2019. Amended by Act 2013, No. 1132,§ 44, eff. 8/16/2013. Amended by Act 2013, No. 1132,§ 43, eff. 8/16/2013. Acts 1939, No. 280, § 21; 1953, No. 177, § 3; 1957, No. 314, § 1; 1965 (1st Ex. Sess.), No. 34, § 2; 1965 (2nd Ex. Sess.), No. 14, § 3; 1967, No. 374, § 3; 1983, No. 780, §§ 1, 2; A.S.A. 1947, §§ 83-127 -- 83-127.2; Acts 1997, No. 1058, § 17; 1999, No. 1567, § 15; 2001, No. 1264, § 9; 2005, No. 1705, § 14; 2007, No. 514, § 15; 2011, No. 817, § 3.