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Introduction

(1) Florida’s definition of work activities
Number served in work activities

(2) Description of transitional services provided to families no
longer receiving assistance due to employment

(3) Description of how Florida will reduce the amount of assistance
payable to family when an individual refuses to engage in work
without good cause pursuant to §261.14 15

(4) Average monthly number of payments for child care services made
by Florida through the use of disregards

(5) Description of the strategies and procedures in place to ensure that
victims of domestic violence receive appropriate alternative services

Aggregate figure for the total number of good cause domestic violence
waivers granted

(6) Description of any non-recurrent, short-term benefits provided
Diversion Program
Relocation Program
Cash Assistance Severance
Domestic Violence Diversion
Healthy Families Florida
Substance Abuse and Mental Health Programs
Abstinence Education Program
Protective Investigations
In-home Support
Out of Home supports
Adoption Subsidies and Services
Ounce of Prevention Program
School Health Services Program
Early Steps System
About Face and Forward March Programs
Career Advancement and Retention Challenge Program
Passport for Economic Progress
Non-Custodial Parent Employment Program (NCPEP)
Education: The Pathway to Independence

(7) Description of procedures Florida has established and is maintaining
to resolve displacement complaints pursuant to section (407)(f)(3)
of the Act 55

(8) Summary of Florida’s programs and activities directed at the third and
fourth statutory purpose of TANF 56

(9) Estimate of the total number of individuals who have participated in
subsidized employment under §261.30(b) or (c) 65

Attachment B: Annual Report on State Maintenance-of-Effort Programs


TANF Cash Assistance
Two Parent Family Program
School Readiness
Family Builders
Emergency Financial Assistance for Housing

Appendix 1. Grievance/Complaint and Hearing/Appeal Procedures 80

INTRODUCTION

The Temporary Assistance for Needy Families (TANF) Program in Florida is carried out through four state agencies, a state-level policy board, Workforce Florida, Inc. (WFI), and a network of Regional Workforce Boards (RWB). The agencies are: 1) Department of Children and Families (DCF), 2) Agency for Workforce Innovation (AWI), 3) Department of Health (DOH) and 4) Department of Military Affairs (DMA). The following narrative, primarily excerpted from Workforce Florida’s Strategic Plan for 2002-2005, describes the roles of the agencies and how the agencies work together to deliver a statewide program designed to assist TANF recipients make the transition from welfare to self-sufficiency.

• Eligibility Determination, Cash Assistance Payment, and Non-recurrent Short-term Benefit Programs: The Department of Children and Families is the recipient of the TANF block grant and is responsible for determining the eligibility for TANF cash assistance and the payment of cash assistance to TANF-eligible families.

In addition to determining program eligibility, DCF directly contracts with other public and private organizations to provide many of the TANF service-related (non-assistance) programs described in this report—including the Healthy Marriages Initiatives.

• Programs Related to the Prevention of Out-of-Wedlock Pregnancies and Other Health Issues: The Governor has designated the Florida Department of Health to serve as the recipient of TANF funds for initiatives related to health, especially several statewide efforts directed toward pregnancy prevention among youth.

• Planning, Policy and Strategic Direction: The Workforce Innovation Act of 2000 (Chapter 445 F.S.) consolidated several workforce programs (TANF, Workforce Investment Act (WIA), Wagner-Peyser) into a single point of accountability with the creation of Workforce Florida, Inc. (WFI) as the state’s chief workforce policy organization. The non-profit public/private partnership provides policy and oversight to Florida’s 24 Regional Workforce Boards and the Agency for Workforce Innovation, which replaced the Department of Labor as the designated state agency for administering workforce programs, funding and personnel. A 45-member Board of Directors appointed by the Governor is the governing body for WFI. The Governor also appoints the Chairman of the Board and approves the President of the Board. The Secretary of the Department of Children and Families and the Secretary of the Agency for Workforce Innovation are members of the WFI board.

The statute also required the creation of three councils, at both the state and regional levels, to develop targeted workforce strategies:

• First Jobs/First Wages Council is charged with preparing students and first-time workers, including teen parents on welfare, for jobs.

• Better Jobs/Better Wages Council is responsible for assisting families transitioning from welfare, former welfare recipients working at low-wage jobs with limited mobility, and the larger population of underemployed adult workers.

• High Skill/High Wages Council directs initiatives that align education and training programs with high paying, high demand jobs to advance careers, build a more skilled workforce, and enhance the state’s efforts to attract and expand job-creating businesses.

• Administration and Accountability: The Agency for Workforce Innovation translates state policy into action, contracts for services with regional workforce boards, and is the state agency responsible for ensuring that workforce funds and programs are appropriately administered

• Local Control, Accountability, and Delivery of Services: Consensus built during the 1990s in both Washington and Tallahassee that local control of programming and maximum flexibility in program design and management tend to yield the best results. Community-managed programs can develop innovative programs tailored to the community’s specific needs, rather than conforming to one model developed at the state level. Florida’s 24 regional workforce boards are the local platforms for building a world-class workforce for the new economy.

Private business members must represent a majority of the membership of Regional Boards. These boards focus on strategic planning, policy development and oversight of the local system, choosing managers to operate local One-Stop Centers. The purpose of the “One-Stop” system is to provide a full menu of job training, education and employment options at a single site or electronic location for workers and job seekers. It is also designed to provide a one-stop source of workers for businesses seeking to hire employees. The One-Stop system consists of numerous partners, including DCF, working together through memoranda of agreement that specify which services are to be provided, how customers are to be referred to other participating agencies, and how the space costs and services will be shared.

Florida’s Temporary Assistance for Needy Families and Maintenance of Effort Annual Report complies with the Administration for Children and Families’ Program Instructions format and provides a thorough description of the types of benefits and services provided during 2003-2004 to TANF families in need of assistance and/or specialized services as they make the transition from welfare to self-sufficiency.

NOTE: Chapter 414, F.S., and 445 F.S., as amended, are incorporated by reference as the source documents for much of this report. Therefore, sections that are direct citations from statute (Chapters 414 or 445, F.S.) appear in italicized font. If sections of law or program descriptions are illustrative of more than one section of the report, the section and description may be duplicated as appropriate.

1. Definition of Work Activities.

The Work Activity Requirements Section (445.024 F.S.) contains Florida’s work activity requirements. These requirements ensure that parents and caretakers engage in work in accordance with section 407 of the Social Security Act as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1995 (PWRORA). Unless a parent or caretaker meets a specified exemption, Florida Statute requires immediate entry into work activities, subject to federal and state funding. If funding does not permit all participants to engage in work activities, section 4 provides guidelines for prioritization.

Number served in work activities for 2003-2004: 80,589

445.024, F.S. Work requirements.

(1) WORK ACTIVITIES. The following activities may be used individually or in combination to satisfy the work requirements for a participant in the temporary cash assistance program:

(a) Unsubsidized employment. Unsubsidized employment is full-time employment or part-time employment that is not directly supplemented by federal or state funds. Paid apprenticeship and cooperative education activities are included in this activity.

(b) Subsidized private sector employment. Subsidized private sector employment is employment in a private for-profit enterprise or a private not-for-profit enterprise which is directly supplemented by federal or state funds. A subsidy may be provided in one or more of the forms listed in this paragraph.

1. Work supplementation. A work supplementation subsidy diverts a participant's temporary cash assistance under the program to the employer. The employer must pay the participant wages that equal or exceed the applicable federal minimum wage. Work supplementation may not exceed 6 months. At the end of the supplementation period, the employer is expected to retain the participant as a regular employee without receiving a subsidy. A work supplementation agreement may not be continued with any employer who exhibits a pattern of failing to provide participants with continued employment after the period of work supplementation ends.

2. On-the-job training. On-the-job training is full-time, paid employment in which the employer or an educational institution, in cooperation with the employer, provides training needed for the participant to perform the skills required for the position. The employer or the educational institution on behalf of the employer receives a subsidy to offset the cost of the training provided to the participant. Upon satisfactory completion of the training, the employer is expected to retain the participant as a regular employee without receiving a subsidy. An on-the-job training agreement may not be continued with any employer who exhibits a pattern of failing to provide participants with continued employment after the on-the-job training subsidy ends.

3. Incentive payments. Regional workforce boards may provide additional incentive payments to encourage employers to employ program participants. Incentive payments may include payments to encourage the employment of hard-to-place participants, in which case the amount of the payment shall be weighted proportionally to the extent to which the participant has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. Incentive payments may also include payments to encourage employers to provide health care insurance benefits to current or former program participants. In establishing incentive payments, regional workforce boards shall consider the extent of prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other appropriate factors. A participant who has complied with program requirements and who is approaching the time limit for receiving temporary cash assistance may be defined as “hard to place." Incentive payments may include payments in which an initial payment is made to the employer upon the employment of a participant, and the majority of the incentive payment is made after the employer retains the participant as a full-time employee for at least 12 months. An incentive agreement may not be continued with any employer who exhibits a pattern of failing to provide participants with continued employment after the incentive payments cease.

4. Tax credits. An employer who employs a program participant may qualify for enterprise zone property tax credits under s. 220.182, the tax refund program for qualified target industry businesses under s. 288.106, or other federal or state tax benefits. The regional workforce board shall provide information and assistance, as appropriate, to use such credits to accomplish program goals.

5. Training bonus. An employer who hires a participant in the welfare transition program and pays the participant a wage that precludes the participant's eligibility for temporary cash assistance may receive $250 for each full month of employment for a period that may not exceed 3 months. An employer who receives a training bonus for an employee may not receive a work supplementation subsidy for the same employee. “Employment" is defined as 35 hours per week at a wage of no less than minimum wage.

(c) Subsidized public sector employment. Subsidized public sector employment is employment by an agency of the federal, state, or local government which is directly supplemented by federal or state funds. The applicable subsidies provided under paragraph (b) may be used to subsidize employment in the public sector, except that priority for subsidized employment shall be employment in the private sector. Public sector employment is distinguished from work experience in that the participant is paid wages and receives the same benefits as a non-subsidized employee who performs similar work. Work-study activities administered by educational institutions are included in this activity.

(d) Community service work experience. Community service work experience is job training experience at a supervised public or private not-for-profit agency. A participant shall receive temporary cash assistance in the form of wages, which, when combined with the value of food stamps awarded to the participant, is proportional to the amount of time worked. A participant in the welfare transition program or the Food Stamp Employment and Training program assigned to community service work experience shall be deemed an employee of the state for purposes of workers' compensation coverage and is subject to the requirements of the drug-free workplace program. Community service work experience may be selected as an activity for a participant who needs to increase employability by improving his or her interpersonal skills, job-retention skills, stress management, and job problem solving, and by learning to attain a balance between job and personal responsibilities. Community service is intended to:

1. Assess compliance with requirements of the welfare transition program before referral of the participant to costly services such as career education;

2. Maintain work activity status while the participant awaits placement into paid employment or training;

3. Fulfill a clinical practicum or internship requirement related to employment; or

4. Provide work-based mentoring.
As used in this paragraph, the terms “community service experience," “community work," and “workfare" are synonymous.

(e) Work experience. Work experience is an appropriate work activity for participants who lack preparation for or experience in the workforce. It must combine a job training activity in a public or private not-for-profit agency with education and training related to an employment goal. To qualify as a work activity, work experience must include education and training in addition to the time required by the work activity, and the work activity must be intensively supervised and structured. Regional workforce boards shall contract for any services provided for clients who are assigned to this activity and shall require performance benchmarks, goals, outcomes, and time limits designed to assure that the participant moves toward full-time paid employment. A participant shall receive temporary cash assistance proportional to the time worked. A participant assigned to work experience is an employee of the state for purposes of workers' compensation coverage and is subject to the requirements of the drug-free workplace program.

(f) Job search and job readiness assistance. Job search assistance may include supervised or unsupervised job-seeking activities. Job readiness assistance provides support for job-seeking activities, which may include:

1. Orientation to the world of work and basic job-seeking and job retention skills.

2. Instruction in completing an application for employment and writing a resume.

3. Instruction in conducting oneself during a job interview, including appropriate dress.

4. Instruction in how to retain a job, plan a career, and perform successfully in the workplace.

Job readiness assistance may also include providing a participant with access to an employment resource center that contains job listings, telephones, facsimile machines, typewriters, and word processors. Job search and job readiness activities may be used in conjunction with other program activities, such as work experience, but may not be the primary work activity for longer than the length of time permitted under federal law.

(g) Career education or training. Career education or training is education or training designed to provide participants with the skills and certification necessary for employment in an occupational area. Career education or training may be used as a primary program activity for participants when it has been determined that the individual has demonstrated compliance with other phases of program participation and successful completion of the career education or training is likely to result in employment entry at a higher wage than the participant would have been likely to attain without completion of the career education or training. Career education or training may be combined with other program activities and also may be used to upgrade skills or prepare for a higher paying occupational area for a participant who is employed.

1. Unless otherwise provided in this section, career education shall not be used as the primary program activity for a period which exceeds 12 months. The 12-month restriction applies to instruction in a career education program and does not include remediation of basic skills, including English language proficiency, if remediation is necessary to enable a participant to benefit from a career education program. Any necessary remediation must be completed before a participant is referred to career education as the primary work activity. In addition, use of career education or training shall be restricted to the limitation established in federal law. Career education included in a program leading to a high school diploma shall not be considered career education for purposes of this section.

2. When possible, a provider of vocational education or training shall use funds provided by funding sources other than the regional workforce board. The regional workforce board may provide additional funds to a vocational education or training provider only if payment is made pursuant to a performance-based contract. Under a performance-based contract, the provider may be partially paid when a participant completes education or training, but the majority of payment shall be made following the participant's employment at a specific wage or job retention for a specific duration. Performance-based payments made under this subparagraph are limited to education or training for targeted occupations identified by the Workforce Estimating Conference under s. 216.136, or other programs identified by Workforce Florida, Inc., as beneficial to meet the needs of designated groups who are hard to place. If the contract pays the full cost of training, the community college or school district may not report the participants for other state funding.

(h) Job skills training. Job skills training includes customized training designed to meet the needs of a specific employer or a specific industry. Job skills training shall include literacy instruction, and may include English proficiency instruction or Spanish language or other language instruction if necessary to enable a participant to perform in a specific job or job training program or if the training enhances employment opportunities in the local community. A participant may be required to complete an entrance assessment or test before entering into job skills training.

(i) Education services related to employment for participants 19 years of age or younger. Education services provided under this paragraph are designed to prepare a participant for employment in an occupation. The agency shall coordinate education services with the school-to-work activities provided under s. 1006.02. Activities provided under this paragraph are restricted to participants 19 years of age or younger who have not completed high school or obtained a high school equivalency diploma.

(j) School attendance. Attendance at a high school or attendance at a program designed to prepare the participant to receive a high school equivalency diploma is a required program activity for each participant 19 years of age or younger who:

1. Has not completed high school or obtained a high school equivalency diploma;

2. Is a dependent child or a head of household; and

3. For whom it has not been determined that another program activity is more appropriate.

(k) Teen parent services. Participation in medical, educational, counseling, and other services that are part of a comprehensive program is a required activity for each teen parent who participates in the welfare transition program.

(l) Extended education and training. Notwithstanding any other provisions of this section to the contrary, the board of directors of Workforce Florida, Inc., may approve a plan by a regional workforce board for assigning, as work requirements, educational activities that exceed or are not included in those provided elsewhere in this section and that do not comply with federal work participation requirement limitations. In order to be eligible to implement this provision, a regional workforce board must continue to exceed the overall federal work participation rate requirements. For purposes of this paragraph, the board of directors of Workforce Florida, Inc., may adjust the regional participation requirement based on regional caseload decline. However, this adjustment is limited to no more than the adjustment produced by the calculation used to generate federal adjustments to the participation requirement due to caseload decline.

(m) GED preparation and literacy education. Satisfactory attendance at secondary school or in a course of study leading to a graduate equivalency diploma, if a participant has not completed secondary school or received such a diploma. English language proficiency training may be included as a part of the education if it is deemed the individual requires such training to complete secondary school or to attain a graduate equivalency diploma. To calculate countable hours attributable to education, a participant may earn study credits equal to the number of actual hours spent in formal training per week, but the total number of hours earned for actual hours spent in formal training and studying may not exceed a one to one and one-half ratio for the week. Countable hours are subject to the restrictions contained in 45 C.F.R. s. 261.31.

(n) Providing child care services. Providing child care services to an individual who is participating in a community service program pursuant to this section.

Work Activities
By Month Started
* based on the countable work records with a start date during the month

AVERAGE:
One Parent = 20,064
Two-Parent = 4,169

Yearly Ttotals:
One Parent = 64,310
Two-Parent = 16,279

(2) WORK ACTIVITY REQUIREMENTS. Each individual who is not otherwise exempt must participate in a work activity, except for community service work experience, for the maximum number of hours allowable under federal law, provided that no participant be required to work more than 40 hours per week or less than the minimum number of hours required by federal law. The maximum number of hours each month that a participant may be required to participate in community service activities is the greater of: the number of hours that would result from dividing the family's monthly amount for temporary cash assistance and food stamps by the federal minimum wage and then dividing that result by the number of participants in the family who participate in community service activities, or the minimum required to meet federal participation requirements. However, in no case shall the maximum hours required per week for community work experience exceed 40 hours. An applicant shall be referred for employment at the time of application if the applicant is eligible to participate in the welfare transition program.
(a) A participant in a work activity may also be required to enroll in and attend a course of instruction designed to increase literacy skills to a level necessary for obtaining or retaining employment, provided that the instruction plus the work activity does not require more than 40 hours per week.
(b) Program funds may be used, as available, to support the efforts of a participant who meets the work activity requirements and who wishes to enroll in or continue enrollment in an adult general education program or a career education program.

(3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS. The following individuals are exempt from work activity requirements:

(a) A minor child under 16 years of age.

(b) An individual who receives benefits under the Supplemental Security Income program or the Social Security Disability Insurance program.

(c) Adults who are not included in the calculation of temporary cash assistance in child-only cases.

(d) One custodial parent with a child under 3 months of age, except that the parent may be required to attend parenting classes or other activities to better prepare for the responsibilities of raising a child. If the custodial parent is 19 years of age or younger and has not completed high school or the equivalent, he or she may be required to attend school or other appropriate educational activities.

(e) An individual who is exempt from the time period pursuant to s.415.015.

(4) PRIORITIZATION OF WORK REQUIREMENTS. Regional workforce boards shall require participation in work activities to the maximum extent possible, subject to federal and state funding. If funds are projected to be insufficient to allow full-time work activities by all program participants who are required to participate in work activities, regional workforce boards shall screen participants and assign priority based on the following:

(a) In accordance with federal requirements, at least one adult in each two-parent family shall be assigned priority for full-time work activities.

(b) Among single-parent families, a family that has older preschool children or school-age children shall be assigned priority for work activities.

(c) A participant who has access to non-subsidized child care may be assigned priority for work activities.

(d) Priority may be assigned based on the amount of time remaining until the participant reaches the applicable time limit for program participation or may be based on requirements of a case plan.

Regional workforce boards may limit a participant's weekly work requirement to the minimum required to meet federal work activity requirements in lieu of the level defined in subsection (2). Regional workforce boards may develop screening and prioritization procedures based on the allocation of resources, the availability of community resources, or the work activity needs of the service district.

(5) USE OF CONTRACTS. Regional workforce boards shall provide work activities, training, and other services, as appropriate, through contracts. In contracting for work activities, training, or services, the following applies:

(a) A contract must be performance-based. Payment shall be tied to performance outcomes that include factors such as, but not limited to, diversion from cash assistance, job entry, job entry at a target wage, job retention, and connection to transition services rather than tied to completion of training or education or any other phase of the program participation process.

(b) A contract may include performance-based incentive payments that may vary according to the extent to which the participant is more difficult to place. Contract payments may be weighted proportionally to reflect the extent to which the participant has limitations associated with the long-term receipt of welfare and difficulty in sustaining employment. The factors may include the extent of prior receipt of welfare, lack of employment experience, lack of education, lack of job skills, and other factors determined appropriate by the regional workforce board.

(c) Notwithstanding the exemption from the competitive sealed bid requirements provided in s. 287.057(5)(f) for certain contractual services, each contract awarded under this chapter must be awarded on the basis of a competitive sealed bid, except for a contract with a governmental entity as determined by the regional workforce board.

(d) Regional workforce boards may contract with commercial, charitable, or religious organizations. A contract must comply with federal requirements with respect to nondiscrimination and other requirements that safeguard the rights of participants. Services may be provided under contract, certificate, voucher, or other form of disbursement.

(e) The administrative costs associated with a contract for services provided under this section may not exceed the applicable administrative cost ceiling established in federal law. An agency or entity that is awarded a contract under this section may not charge more than 7 percent of the value of the contract for administration, unless an exception is approved by the regional workforce board. A list of any exceptions approved must be submitted to the board of directors of Workforce Florida, Inc., for review, and the board may rescind approval of the exception.

(f) Regional workforce boards may enter into contracts to provide short-term work experience for the chronically unemployed as provided in this section.

(g) A tax-exempt organization under s. 501(c) of the Internal Revenue Code of 1986 which receives funds under this chapter must disclose receipt of federal funds on any advertising, promotional, or other material in accordance with federal requirements.

(6) PROTECTIONS FOR PARTICIPANTS. Each participant is subject to the same health, safety, and nondiscrimination standards established under federal, state, or local laws that otherwise apply to other individuals engaged in similar activities who are not participants in the welfare transition program.

NOTE: According to Florida Statute ss.409.285, an individual may appeal an action or lack of action that results in the disapproval of eligibility, as well as modifies or cancels his or her temporary cash assistance. The Department of Children and Families is responsible for providing an appeals process (Fair Hearing). If the department takes action to reduce, deny or terminate benefits, the department carries the burden of proof. If the reduction, denial or termination of benefits was the result of the workforce board, the department is responsible for ensuring the witnesses appropriate for the Fair Hearing are invited. If the individual has been sanctioned for noncompliance with TANF work requirements and requests a hearing, the Regional Workforce Board/contract provider is requested to attend the hearing, bring relevant documents, and participate in the process.

Workforce Florida Inc. or AWI is responsible for providing a grievance process for an individual related to service delivery of TANF-funded work activities or alternative requirement plans, support services and other workforce functions under the Workforce Innovation Act.

(7) PROTECTION FOR CURRENT EMPLOYEES. In establishing and contracting for work experience and community service activities, other work experience activities, on-the-job training, subsidized employment, and work supplementation under the welfare transition program, an employed worker may not be displaced, either completely or partially. A participant may not be assigned to an activity or employed in a position if the employer has created the vacancy or terminated an existing employee without good cause in order to fill that position with a program participant.

DISPLACEMENT NOTE: A grievance may be filed by regular employees regarding displacement by a Workforce Investment Act (WIA), Welfare Transition/TANF, or Welfare-to-Work (WtW) program participant and by program participants regarding displacement in accordance with the Agency for Workforce Innovation grievance guide (WPDG 00-004). Displacement action prohibitions and available relief specifications are described for WIA (20 CFR 667.279), TANF (45 CFR 261.270), and WtW (20 CFR 645.265). See Appendix I., page 76.

2. Description of the Transitional Services Provided to Families No Longer Receiving Assistance Due to Employment.

Transitional Benefits and Services 445.F.S. places great emphasis on transitional benefits and recognizes them as the cornerstone of Florida’s efforts to support families as they move toward self-sufficiency through a continuum comprised of initial employment, training and employment and job retention and advancement.

445.028, F.S. Transitional benefits and services—

In cooperation with Workforce Florida, Inc., the Department of Children and Family Services shall develop procedures to ensure that families leaving the temporary cash assistance program receive transitional benefits and services that will assist the family in moving toward self-sufficiency. At a minimum, such procedures must include, but are not limited to, the following:

(1)Each recipient of cash assistance who is determined ineligible for cash assistance for a reason other than a work activity sanction shall be contacted by the workforce system case manager and provided information about the availability of transitional benefits and services. Such contact shall be attempted prior to closure of the case management file.

(2)Each recipient of temporary cash assistance who is determined ineligible for cash assistance due to noncompliance with the work activity requirements shall be contacted and provided information in accordance with s. 414.065(1).

(3)The department, in consultation with the board of directors of Workforce Florida, Inc., shall develop informational material, including posters and brochures, to better inform families about the availability of transitional benefits and services.

(4)Workforce Florida, Inc., in cooperation with the Department of Children and Family Services shall, to the extent permitted by federal law, develop procedures to maximize the utilization of transitional Medicaid by families who leave the temporary cash assistance program.

445.029, F.S. Transitional Medical Services—

(1) A family that loses its temporary cash assistance due to earnings shall remain eligible for Medicaid without reapplication during the immediately succeeding 12-month period if private medical insurance is unavailable from the employer or is unaffordable.

(a) The family shall be denied Medicaid during the 12-month period for any month in which the family does not include a dependent child.

(b) The family shall be denied Medicaid if, during the second 6 months of the 12-month period, the family's average gross monthly earnings during the preceding month exceed 185 percent of the federal poverty level.

(2) The family shall be informed of transitional Medicaid when the family is notified by the Department of Children and Family Services of the termination of temporary cash assistance. The notice must include a description of the circumstances in which the transitional Medicaid may be terminated.

445.030, F.S. Transitional education and training--

In order to assist former recipients of temporary cash assistance who are working or actively seeking employment in continuing their training and upgrading their skills, education, or training, support services may be provided to the family for up to 2 years after the family is no longer receiving temporary cash assistance. This section does not constitute an entitlement to transitional education and training. If funds are not sufficient to provide services under this section, the board of directors of Workforce Florida, Inc. may limit or otherwise prioritize transitional education and training.

(1) Education or training resources available in the community at no additional cost shall
be used whenever possible.

(2) Regional workforce boards may authorize child care or other support services in addition to services provided in conjunction with employment. For example, a participant who is employed full time may receive subsidized child care related to that employment and may also receive additional subsidized child care in conjunction with training to upgrade the participant's skills.

(3) Transitional education or training must be job-related, but may include training to improve job skills in a participant's existing area of employment or may include training to prepare a participant for employment in another occupation.

(4) A regional workforce board may enter into an agreement with an employer to share the costs relating to upgrading the skills of participants hired by the employer. For example, a regional workforce board may agree to provide support services such as transportation or a wage subsidy in conjunction with training opportunities provided by the employer.

445.031, F.S. Transitional transportation—

In order to assist former recipients of temporary cash assistance in maintaining and sustaining employment or educational opportunities, transportation may be provided, if funds are available, for up to 2 years after the participant is no longer in the program. This does not constitute an entitlement to transitional transportation. If funds are not sufficient to provide services under this section, the regional workforce board may limit or otherwise prioritize transportation services.

(1) Transitional transportation must be job or education related.

(2) Transitional transportation may include expenses identified in s. 445.025 paid directly or by voucher, as well as a vehicle valued at not more than $8,500 if the vehicle is needed for training, employment, or educational purposes.

445.29, F.S. Transitional Child Care--

In order to assist former welfare transition program participants and individuals who have been redirected through up-front diversion, transitional child care is available for up to 2 years:

(1) After a participant has left the program due to employment and whose income does not exceed 200 percent of the federal poverty level at any time during that 2-year period.

(2) To an individual who has been redirected through up-front diversion and whose income does not exceed 200 percent of the federal poverty level at any time during that 2-year period.

3. Description of how Florida will reduce the amount of assistance payable to a family when an individual refuses to engage in work without good cause.

414.065, F.S. Noncompliance with Work Requirements--

(1) PENALTIES FOR NONPARTICIPATION IN WORK REQUIREMENTS AND FAILURE TO COMPLY WITH ALTERNATIVE REQUIREMENT PLANS.--The department shall establish procedures for administering penalties for nonparticipation in work requirements and failure to comply with the alternative requirement plan. If an individual in a family receiving temporary cash assistance fails to engage in work activities required in accordance with s. 445.024 , the following penalties shall apply. Prior to the imposition of a sanction, the participant shall be notified orally or in writing that the participant is subject to sanction and that action will be taken to impose the sanction unless the participant complies with the work activity requirements. The participant shall be counseled as to the consequences of noncompliance and, if appropriate, shall be referred for services that could assist the participant to fully comply with program requirements. If the participant has good cause for noncompliance or demonstrates satisfactory compliance, the sanction shall not be imposed. If the participant has subsequently obtained employment, the participant shall be counseled regarding the transitional benefits that may be available and provided information about how to access such benefits. The department shall administer sanctions related to food stamps consistent with federal regulations.

(a) 1. First noncompliance: temporary cash assistance shall be terminated for the family for a minimum of 10 days or until the individual who failed to comply does so.

(2) Second noncompliance: temporary cash assistance shall be terminated for the family for 1 month or until the individual who failed to comply does so, whichever is later. Upon meeting this requirement, temporary cash assistance shall be reinstated to the date of compliance or the first day of the month following the penalty period, whichever is later.

(3) Third noncompliance: temporary cash assistance shall be terminated for the family for 3 months or until the individual who failed to comply does so, whichever is later. The individual shall be required to comply with the required work activity upon completion of the 3-month penalty period, before reinstatement of temporary cash assistance. Upon meeting this requirement, temporary cash assistance shall be reinstated to the date of compliance or the first day of the month following the penalty period, whichever is later.

(b) If a participant receiving temporary cash assistance who is otherwise exempted from noncompliance penalties fails to comply with the alternative requirement plan required in accordance with this section, the penalties provided in paragraph (a) shall apply. If a participant fully complies with work activity requirements for at least 6 months, the participant shall be reinstated as being in full compliance with program requirements for purpose of sanctions imposed under this section.

(2) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR CHILDREN; PROTECTIVE PAYEES--

(a) Upon the second or third occurrence of noncompliance, temporary cash assistance and food stamps for the child or children in a family who are under age 16 may be continued. Any such payments must be made through a protective payee or, in the case of food stamps, through an authorized representative. Under no circumstances shall temporary cash assistance or food stamps be paid to an individual who has failed to comply with program requirements.

(b) Protective payees shall 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 interest 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 interest of the child or children.
3. A volunteer or member of an organization who agrees in writing to fulfill the role of protective payee and to utilize the assistance in the best interest of the child or children.

(c) The protective payee designated by the department shall be the authorized representative for purposes of receiving food stamps on behalf of a child or children under age 16. The authorized representative must agree in writing to use the food stamps in the best interest of the child or children.

(d) 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 or authorized representative, such designation may be made, except that a protective payee or authorized representative must not be any individual involved in determining eligibility for temporary cash assistance or food stamps for the family, staff handling any fiscal processes related to issuance of temporary cash assistance or food stamps, or landlords, grocers, or vendors of goods, services, or items dealing directly with the participant.

(e) The department may pay incidental expenses or travel expenses for costs directly related to performance of the duties of a protective payee as necessary to implement the provisions of this subsection.

(3) PROPORTIONAL REDUCTION OF TEMPORARY CASH ASSISTANCE RELATED TO PAY AFTER PERFORMANCE Notwithstanding the provisions of subsection (1), if an individual is receiving temporary cash assistance under a pay-after-performance arrangement and the individual participates, but fails to meet the full participation requirement, then the temporary cash assistance received shall be reduced and shall be proportional to the actual participation. Food stamps may be included in a pay-after-performance arrangement if permitted under federal law.

(4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES--Unless otherwise provided, the situations listed in this subsection shall constitute exceptions to the penalties for noncompliance with participation requirements, except that these situations do not constitute exceptions to the applicable time limit for receipt of temporary cash assistance:

( a) Noncompliance related to child care.--Temporary cash assistance may not be terminated for refusal to participate in work activities if the individual is a single custodial parent caring for a child who has not attained 6 years of age, and the adult proves to the regional workforce board an inability to obtain needed child care for one or more of the following reasons as defined in the Child Care and Development Fund State Plan required by 45 C.F.R., part 98 :

1. Unavailability of appropriate child care within a reasonable distance from the individual's home or worksite.
2. Unavailability or unsuitability of informal child care by a relative or under other arrangements.
3. Unavailability of appropriate and affordable formal child care arrangements.

(b) Noncompliance related to domestic violence.--An individual who is determined to be unable to comply with the work requirements because such compliance would make it probable that the individual would be unable to escape domestic violence shall be exempt from work requirements. However, the individual shall comply with a plan that specifies alternative requirements that prepare the individual for self-sufficiency while providing for the safety of the individual and the individual's dependents. A participant who is determined to be out of compliance with the alternative requirement plan shall be subject to the penalties under the subsection (1). An exception granted under this paragraph does not automatically constitute an exception to the time limitations on benefits specified under s. 414.105.

(c) Noncompliance related to treatment or re-mediation of past effects of domestic violence.--An individual who is determined to be unable to comply with the work requirements under this section due to mental or physical impairment related to past incidents of domestic violence may be exempt from work requirements, except that such individual shall comply with a plan that specifies alternative requirements that prepare the individual for self-sufficiency while providing for the safety of the individual and the individual's dependents. A participant who is determined to be out of compliance with the alternative requirement plan shall be subject to the penalties under subsection (1). The plan must include counseling or a course of treatment necessary for the individual to resume participation. The need for treatment and the expected duration of such treatment must be verified by a physician licensed under chapter 458 or chapter 459; a psychologist licensed under s. 490.005(1), s. 490.006, or the provision identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of Florida; a therapist as defined in s. 491.003(2) or (6); or a treatment professional who is registered under s. 39.905(1)(g), is authorized to maintain confidentiality under s. 90.5036(1)(d), and has a minimum of 2 years experience at a certified domestic violence center. An exception granted under this paragraph does not constitute an exception from the time limitations on benefits specified under s. 414.105.

(d)  Noncompliance related to medical incapacity.--If an individual cannot participate in assigned work activities due to a medical incapacity, the individual may be excepted from the activity for a specific period, except that the individual shall be required to comply with the course of treatment necessary for the individual to resume participation. A participant may not be excused from work activity requirements unless the participant's medical incapacity is verified by a physician licensed under chapter 458 or chapter 459, in accordance with procedures established by rule of the department. An individual for whom there is medical verification of limitation to participate in work activities shall be assigned to work activities consistent with such limitations. Evaluation of an individual's ability to participate in work activities or development of a plan for work activity assignment may include vocational assessment or work evaluation. The department or a regional workforce board may require an individual to cooperate in medical or vocational assessment necessary to evaluate the individual's ability to participate in a work activity.

(e)  Noncompliance related to outpatient mental health or substance abuse treatment.--If an individual cannot participate in the required hours of work activity due to a need to become or remain involved in outpatient mental health or substance abuse counseling or treatment, the individual may be exempted from the work activity for up to 5 hours per week, not to exceed 100 hours per year. An individual may not be excused from a work activity unless a mental health or substance abuse professional recognized by the department or regional workforce board certifies the treatment protocol and provides verification of attendance at the counseling or treatment sessions each week.

(f)  Noncompliance due to medical incapacity by applicants for Supplemental Security Income (SSI) or Social Security Disability Income (SSDI).--An individual subject to work activity requirements may be exempted from those requirements if the individual provides information verifying that he or she has filed an application for SSI disability benefits or SSDI disability benefits and the decision is pending development and evaluation under social security disability law, rules, and regulations at the initial reconsideration, administrative law judge, or Social Security Administration Appeals Council levels.

(g) Other good cause exceptions for noncompliance.--Individuals who are temporarily unable to participate due to circumstances beyond their control may be excepted from the noncompliance penalties. The department may define by rule situations that would constitute good cause. These situations must include caring for a disabled family member when the need for the care has been verified and alternate care is not available.

4. Average Number of Payments for Child Care Services Made by Florida Through the Use of Disregards.

In Florida, disregards are not used for this purpose, and a deduction is not allowed for child care payments.

414.095 F.S. Determining eligibility for temporary cash assistance--

(13) Calculation of Levels of Temporary Cash Assistance--

(b) A deduction may not be allowed for child care payments.

5. Description of the Strategies and Procedures in Place to Ensure that Victims of Domestic Violence Receive Appropriate Alternative Services and the Total of Good Cause Domestic Violence Waivers Granted.

• Strategies and Procedures

Domestic Violence (Family Violence) The local regional workforce boards are required to follow program guidance and describe their service delivery of domestic violence services in local operating procedure manuals. The program must be consistent with the Welfare Transition Domestic Violence Guidance Paper adopted on January 16, 2002. The annual plan describes the board’s Family Violence Option strategies, including how to make appropriate referrals for public and private services available in the community. The strategies described in the annual plan must include ancillary services/activities not common to regular program provisions but included as alternatives. These services are funded as separate items, and explicit performance measurements for determining the progress of the program must also be included. The Welfare Transition Domestic Violence Guidance Paper and workforce strategies are included below.

Background and Underlying Federal and State Policy: Section 402 (a) (7) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 provided states the option of developing a state program to address issues of domestic violence for Temporary Assistance for Needy Families program recipients. Florida has taken this option. The state legislature has passed several Domestic Violence related mandates. Section 445.006 (6) (a), F.S., mandates that Workforce Florida, Inc., include strategies in their Strategic Plan that foster the provision of support services to reduce the incidence and effects of domestic violence on individuals and children in families receiving cash assistance.

•Section 414.0252 (4), F.S. defines domestic violence as: “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense that results in the physical injury or death of one family or household member by another.” To further assist domestic violence victims, the Florida Legislature passed several initiatives that identify various services and considerations to assist these victims become more self-sufficient including the following statutory references:

• Section 414.065 (4) (b) allows domestic violence victims an exemption from work requirements if their safety is threatened;

• Section 414.105 (4) (c) may allow an exemption for victims of domestic violence if the participant is unable to comply with work requirements due to mental or physical impairment caused by past occurrences of domestic violence.

• Section 414.095 (10) (g) informs domestic violence victims of their right to receive information about counseling and support services available to them as well as protecting confidentiality of information related to their case.

• Section 414.095 (15) (d) allows the RWB provider to assign good cause to domestic violence victims. The participant does not have to comply with TANF Child Support Enforcement (CSE) disclosure requirement (e.g., provide the name of child’s other parent so child support can be assigned and collected) if this would put the victim at risk.

• Section 414.105 (5) allows a domestic violence victim to be considered for a Hardship Extension of TCA time limits.

• Section 414.157 provides for diversion services including a one-time payment of up to $1,000 for domestic violence victims.

• Section 445.021 provides funds for relocation if domestic violence interferes with the ability of a parent to become self-sufficient.

PROGRAM GUIDANCE

After a family applies for Temporary Cash Assistance (TCA), the Department of Children and Families refers the participant to the RWB. If approved for TCA, the participant is screened by the provider and required to attend Welfare Transition Orientation. If during the screening/orientation process, the RWB provider determines that the participant is or has been a victim of domestic violence, the RWB provider informs the participant of services available and/or refer the participant to community resources that specialize in domestic violence.

If the RWB provider does not have a Domestic Violence Specialist on staff or needs information on community resources available, the provider should call the Florida Coalition Against Domestic Violence (FCADV) Domestic Abuse Hotline at 800-500-1119. Additional information can be found at the FCADV web site: http://www.fcadv.org.

RWB Service Provider Duties:

Some of the RWB provider responsibilities are:

• Assure participant that any information disclosed to the RWB provider regarding domestic violence will remain confidential.

• Develop an Individual Responsibility Plan (IRP) or Alternative Requirement Plan (ARP) that includes a Safety Plan.

• Identify domestic violence victims during the Intake and Screening process beginning with Program Orientation.

• Inform all TCA participants at Orientation of Domestic Violence services available in the community, e.g., local Florida Coalition Against Domestic Violence contact person and telephone number; identify local Domestic Violence Shelter contact if available, and provide information regarding counseling services or any other resources available to help victim.

• Provide information about Diversion Services available, e.g., Relocation Services and up to $1,000 payment to assist Domestic Violence victims.

• Provide assessment and referrals to support services as needed.

A. Intake/Screening Process

Screen and identify participants who may be victims of domestic violence beginning with Orientation.

1. Participants are to be encouraged to voluntarily disclose domestic violence information, but cannot be forced to disclose or accept services.

2. The completion of any screening tool must be voluntary and information provided must remain confidential.

3. Because of the sensitivity of the issue and the fact that the victim often denies the domestic violence, RWB providers involved in an interview/interaction with the participant should use a universal explanation of domestic violence which:

(a) Normalizes the discussion of what constitutes domestic violence;
(b) Explains the risks and benefits of revealing abuse;
(c) Explains confidentiality and safety procedures, and
(d) Explains steps that can be taken to become self-sufficient.

4. Participants should be informed that they may identify themselves as victims of domestic violence and/or ask for a referral for further assessment and/or services at any time during program participation without penalty, as the frequency of incidents of domestic violence may change or be cyclical.

B. Orientation

The RWB Service Provider staff should inform all Welfare Transition participants of available resources, referrals, and options and that these options are available to clients at any point in the program.

Information should:

1. Be clearly and consistently articulated and repeated using oral and written communication in a language understood by the participant;

2. Provide frequent, confidential, and clearly voluntary opportunities for participant to self-disclose that he/she is, or has been, a victim of domestic violence, accompanied by an explanation of RWB Provider confidentiality procedures;

3. Provide educational, resource, and referral information about domestic violence;

4. Include information on allowable deferrals or exemptions from Welfare Transition work activity requirements for domestic violence victims; and

5. Inform participants about the Florida Coalition Against Domestic Violence (FCADV) organization and services available including the Domestic Abuse Hotline number: 800-500-1119.

C. Confidentiality

Disclosure of information regarding the participant as a past or current victim of domestic violence shall be confidential whether the information is provided by the victim or by a third party. Information should be used solely for the purposes of:

1. Referring a participant to domestic violence and/or Welfare Transition services including the referral to the closest Domestic Violence center or Mental Health counselor.

2. Determining eligibility for exceptions or deferrals from Welfare Transition work activities and placement in alternative activities as described in Section 414.065(7)(b), F.S.; and

3. Protecting participants at risk of further domestic violence by developing procedures to prevent release of information:

• To any individual named as the defendant in a Protection From Abuse order entered on behalf of the participant or the participant’s dependent children; and/or

• If the WT Provider has reason to believe that the release of information may result in physical or emotional harm to the participant.

RWB Service Providers must ensure that participant information related to domestic violence is kept in a separate designated file and not included in the participant’s general hard copy case file. The case file should prominently note confidentiality protection and provisions. RWB provider staff should not contact the person believed to be the perpetrator of such violence for the purpose of trying to confirm the participant’s statement or documentation of abuse. Information shall not be released to anyone (including other government agencies, service providers, or law enforcement) except for the following purposes:

• Documenting need for and referrals to special services;

• Where required to conform with child abuse and neglect laws; or

• Where the participant has requested and authorized in writing the disclosure of the information.

Confidential settings should be used to provide privacy during screenings, interviews, and referrals to appropriate services.

NOTE: Because batterers use a wide variety of information and methods to locate their current or former partners, participant information must be protected. This includes, but is not limited to, current addresses, phone numbers, training sites, job placement sites, employment addresses, health providers, children’s schools, etc.

D. Assessment

1. Participants who self-disclose situations of domestic violence should be provided with the option of continued assessment and services from a trained domestic violence expert, if available. If a community does not have a domestic violence expert, the RWB provider can:

• Refer the participant to a local mental health counselor for counseling services; and/or

• Contact the FCADV at 850-425-2749 and request the location of the nearest Domestic Violence provider and/or shelter or access their web site at http://www.fcadv.org.

RWB providers who have not been trained in Domestic Violence should not attempt to counsel Domestic Violence victims.

2. The results of the assessment will be used to develop a safety plan.

3. Allegations of domestic violence by the participant should be sufficient to establish a domestic violence situation when the RWB Service Provider does not have a reasonable basis to find the participant not credible.

Note: The absence of proof of “official” verification, such as police intervention or protection orders, shall in no way indicate the absence of violence or the lack of credibility of the participant. Unless there is substantial evidence that the participant is not credible, simple attestation will be sufficient.

E. Individual Responsibility Plan

Some domestic violence victims are able to participate in work activities with few, if any, restrictions or need for special services. In cases such as these, the RWB provider will develop an Individual Responsibility Plan to assist the individual toward self-sufficiency.

F. Alternative Requirement Plan

In many cases, victims of domestic violence have physical or mental impairments related to the abuse and will need special protection and support services. To help the participant move toward self-sufficiency, the RWB provider, participant, and, if available, the Domestic Abuse Specialist will develop an Alternative Requirement Plan (ARP) that will include elements of the safety plan.

The ARP provides a vehicle for addressing the barriers to self-sufficiency while still preserving Temporary Cash Assistance payments within the Welfare Transition framework. Additionally, the alternative requirement plan procedure will provide professional expertise for a difficult and recurring area of social and economic dysfunction. At all times, the RWB provider should consider two factors in determining the acceptability of activities for the ARP:

• The ongoing safety of the participant and his/her children; and

• The goal of self-sufficiency.

Acceptable activities that may be incorporated as elements of the ARP may include, but are not limited to:

• Participating in various levels of safety planning;
• Working with a domestic violence advocate;
• Obtaining emergency shelter or a safe house;
• Participating in peer support groups;
• Applying for an injunction for protection or other legal assistance;
• Participating in case management activities at a victim services agency;
• Assembling adequate documentation regarding domestic violence;
• Attempting temporary or permanent relocation ;
• Participating in prosecution of the perpetrator;
• Participating in life skills training;
• Participating in pastoral counseling;
• Participating in substance abuse treatment;
• Accessing services for the children;
• Participating in stress management activities;
• Participating in parenting classes;
• Receiving medical treatment related to domestic violence; and
• Participating in mental health counseling

Participation in alternative requirements does not preclude involvement in traditional work activities such as job skills training, community service, alternative job placement and vocational education. Alternative job placement should address individual safety concerns including those associated with public contact that could put the individual at risk of exposure.

G. Hardship Extension of Time Limits

Victims of domestic violence may be granted a hardship extension of established time limits (24/60 or 36/72 months or 48 month life-time limit) if effects of domestic violence delay, interrupt, or adversely affect the individual’s participation in the WT program and ability to achieve self-sufficiency.

Total Number of Good Cause Domestic Violence Waivers Granted

As described in the sections above, Florida does not grant “waivers” as such; instead the Welfare Transition program providers may defer participants from the work activity requirements for a period of time. The regional workforce board provider is required to develop an alternative requirement plan in conjunction with the participant. Failure to comply with the alternate plan carries the same penalties for the participant as failure to comply with a work activity plan.

DOMESTIC VIOLENCE DEFERRALS
By Month Reported

TOTAL = 324
Participants = 313

Introduction

Florida has established multiple non-recurrent, short-term benefit programs, several of which are termed “diversion programs.” The two types of diversion that are relative to this section of the report can best be described as financial diversion and service provision diversion.

The financial diversion programs are used to “redirect” individuals who would otherwise be applicants for temporary cash assistance from the welfare rolls by providing a lump-sum financial assistance payment and/or services to mitigate the immediate problem that may have caused their need for cash assistance.

The service provision diversion programs were designed to provide no financial assistance, but rather to provide needed services to vulnerable families who are generally not applicants for cash assistance (up to 200% of poverty). These programs provide services that strengthen the family in order to prevent its future need for welfare cash assistance.

FINANCIAL DIVERSION PROGRAMS:

1. (Up-front) Diversion Program

Authorizing Statute: 445.017 F.S. Diversion--

(1) Many customers of the one-stop delivery system do not need ongoing temporary cash assistance, but, due to an unexpected circumstance or emergency situation, require some immediate assistance to secure or retain employment or child support. These immediate obligations may include a shelter or utility payment, a car repair to continue employment, or other services that will alleviate the applicant's emergency financial need and allow the person to focus on obtaining or continuing employment.

(2) Up-front diversion shall involve four steps:

(a) Linking applicants with job opportunities as the first option.

(b) Offering services, such as child care or transportation, as an
alternative to welfare.

(c) Screening applicants to respond to emergency needs.

(d) Offering a one-time payment of up to $1,000 per family.

(3) Before finding an applicant family eligible for up-front diversion services, the regional workforce board must determine that all requirements of eligibility for diversion services would likely be met.

(4) The regional workforce board shall screen each family on a case-by-case basis for barriers to obtaining or retaining employment. The screening shall identify barriers that, if corrected, may prevent the family from receiving temporary cash assistance on a regular basis. Assistance to overcome a barrier to employment is not limited to cash, but may include vouchers or other in-kind benefits.

(5) The family receiving up-front diversion must sign an agreement restricting the family from applying for temporary cash assistance for 3 months, unless an emergency is demonstrated to the regional workforce board. If a demonstrated emergency forces the family to reapply for temporary cash assistance within 3 months after receiving a diversion payment, the diversion payment shall be prorated over an 8-month period and deducted from any temporary assistance for which the family is eligible.

(6) The department may adopt rules governing the administration of this section and may establish guidelines for screening criteria, referrals to community
resources, restrictions on receipt of up-front diversion and transitional services, definitions of emergency services, verification requirements, and processing timeframes.

Program Description

• Program Purpose: This program provides a one-time up-front cash payment (sometimes in combination with services) to applicants who do not need ongoing temporary cash assistance, but who, due to an unexpected circumstance or emergency situation, require some immediate assistance to secure or retain employment or child support.

• Eligibility Criteria: Eligibility criteria are the same as for on-going cash assistance. The procedures are modified so that approval process for eligibility determination is not as lengthy.

• Restrictions on the amount, duration, or frequency of payments: The up-front diversion payment is for up to $1,000 per family. Each family that receives up-front diversion must sign an agreement restricting the family from applying for temporary cash assistance for 3 months, unless an emergency is demonstrated to the regional workforce board.

• Major Activities: Screening applicants to respond to emergency needs;
providing job search and job development along with services such as child care or transportation; and offering a one-time payment of up to $1,000 per family are the program’s primary activities.

• Number Served: 2,391 assistance groups received diversion payments during the report year.

• Referral mechanism to other programs that might help the client make the transition from welfare to work: The regional workforce boards screen each family on a case-by-case basis for barriers to obtaining or retaining employment.
Referrals are made as necessary to other programs, including food stamps, and Medicaid, Mental Health and Substance Abuse.

2. Relocation Assistance Program

Authorizing Statute: 445.021 F.S. Relocation assistance program--

(1) The Legislature recognizes that the need for public assistance may arise because a family is located in an area with limited employment opportunities, because of geographic isolation, because of formidable transportation barriers, because of isolation from their extended family, or because domestic violence interferes with the ability of a parent to maintain self-sufficiency. Accordingly, there is established a program to assist families in relocating to communities with greater opportunities for self-sufficiency.

(2) The relocation assistance program shall involve five steps by the regional workforce board, in cooperation with the Department of Children and Family Services:

(a) A determination that the family is receiving temporary cash assistance or that all requirements of eligibility for diversion services would likely be met.
(b) A determination that there is a basis for believing that relocation will contribute to the ability of the applicant to achieve self-sufficiency. For example, the applicant:

1. Is unlikely to achieve economic self-sufficiency at the current community of residence;
2. Has secured a job that provides an increased salary or improved benefits and that requires relocation to another community;
3. Has a family support network that will contribute to job retention in another community;
4. Is determined, pursuant to criteria or procedures established by the board of directors of Workforce Florida, Inc., to be a victim of domestic violence who would experience reduced probability of further incidents through relocation; or
5. Must relocate in order to receive education or training that is directly related to the applicant's employment or career advancement.

(c) Establishment of a relocation plan that includes such requirements as are necessary to prevent abuse of the benefit and provisions to protect the safety of victims of domestic violence and avoid provisions that place them in anticipated danger. The payment to defray relocation expenses shall be determined based on criteria approved by the board of directors of Workforce Florida, Inc. Participants in the relocation program shall be eligible for diversion or transitional benefits.

(d) A determination, pursuant to criteria adopted by the board of directors of Workforce Florida, Inc., that a community receiving a relocated family has the capacity to provide needed services and employment opportunities.

(e) Monitoring the relocation.

(3) A family receiving relocation assistance for reasons other than domestic violence must sign an agreement restricting the family from applying for temporary cash assistance for a period of 6 months, unless an emergency is demonstrated to the regional workforce board. If a demonstrated emergency forces the family to reapply for temporary cash assistance within such period, after receiving a relocation assistance payment, repayment must be made on a prorated basis and subtracted from any regular payment of temporary cash assistance for which the applicant may be eligible.

(4) The board of directors of Workforce Florida, Inc., may establish criteria for
developing and implementing relocation plans and for drafting agreements to restrict a family from applying for temporary cash assistance for a specified period after receiving a relocation assistance payment.
Program Description

• Program Purpose: This program provides financial and support resources that will enable a family to move from its present location to one with more opportunity for job placement, education, family support, etc. An on-going cash recipient or an applicant eligible for cash may request and be granted relocation assistance.

• Eligibility Criteria: Eligibility criteria are the same as for on-going cash assistance.

• Restrictions on the amount, duration, or frequency of payments: Except for a domestic violence victim, the recipient is restricted from making application for cash assistance for six (6) months unless an emergency can be demonstrated to the regional workforce board.

• Major Activities: Major activities involve verifying eligibility, developing a plan for relocation that states the purpose for relocation, verifying that the receiving area has resources available and monitoring the relocation.

• Number Served: 771 families were approved for relocation during the report period.

• Referral Mechanism to other programs that might help the client make the transition from welfare to work: The regional workforce boards screen each family on a case-by-case basis for barriers to obtaining or retaining employment.
Referrals are made as necessary to other programs, including food stamps, and Medicaid, Mental Health and Substance Abuse.

3. Cash Assistance Severance Benefit

Authorizing Statute: 445.026 F.S. Cash assistance severance benefit—
An individual who meets the criteria listed in this section may choose to receive a lump-sum payment in lieu of ongoing cash assistance payments, provided the individual:

(1) Is employed and is receiving earnings.
(2) Has received cash assistance for at least 6 consecutive months.
(3) Expects to remain employed for at least 6 months.
(4) Chooses to receive a one-time, lump-sum payment in lieu of ongoing monthly payments.
(5) Provides employment and earnings information to the regional workforce board, so that the regional workforce board can ensure that the family's eligibility for severance benefits can be evaluated.
(6) Signs an agreement not to apply for or accept cash assistance for 6 months after receipt of the one-time payment. In the event of an emergency, such agreement shall provide for an exception to this restriction, provided that the one-time payment shall be deducted from any cash assistance for which the family subsequently is approved. This deduction may be prorated over an 8-month period. The board of directors of Workforce Florida, Inc., shall adopt criteria defining the conditions under which a family may receive cash assistance due to such emergency.

Such individual may choose to accept a one-time, lump-sum payment of $1,000 in lieu of receiving ongoing cash assistance. Such payment shall only count toward the time limitation for the month in which the payment is made in lieu of cash assistance. A participant choosing to accept such payment shall be terminated from cash assistance. However, eligibility for Medicaid, food stamps, or child care shall continue, subject to the eligibility requirements of those programs.

Program Description

• Program Purpose: Severance provides a choice for families who are working part-time (or even full-time) but at a salary that still allows for eligibility for cash assistance. Generally the cash assistance payments are quite modest at this point, but participants that receive any amount of cash in any month are using a month of eligibility under their life-time time limit. This program allows the family to make the break from cash assistance, conserve months of eligibility and receive a lump sum resource for necessities for the family or for maintaining employment.

• Eligibility Criteria: Severance is available only to eligible, on-going cash assistance families who are working and receiving earnings.

• Restrictions on the amount, duration, or frequency of payments: The amount is restricted to $1000, and the family may not reapply for cash assistance for a period of six (6) months unless an emergency is demonstrated to the regional workforce board.

• Major Activities: Verifying employment and salary; certifying and approving an emergency if the family reapplies within six (6) months and prorating the required recoupment over eight (8) months is the family returns to the rolls.

• Number Served: 1,337 families were provided a severance payment during the report period.

• Referral Mechanism to other programs that might help the client make the transition from welfare to work: The regional workforce boards screen each family on a case-by-case basis for barriers to obtaining or retaining employment.
Referrals are made as necessary to other programs, including food stamps, and Medicaid, Mental Health and Substance Abuse.

SERVICE PROVISION DIVERSION PROGRAMS:

1. Domestic Violence Diversion Program

Authorizing Statute: 414.157, F.S. Diversion program for victims of domestic violence--

(1) The diversion program for victims of domestic violence is intended to provide services and one-time payments to assist victims of domestic violence and their children in making the transition to independence.

(2) Before finding an applicant family eligible for the diversion program created under this section, a determination must be made that:
(a The applicant family includes a pregnant woman or a parent with one or more minor children or a caretaker relative with one or more minor children.
(b) The services or one-time payment provided are not considered assistance under federal law or guidelines.

(3) Notwithstanding any provision to the contrary in ss. 414.075, 414.085, and 414.095, a family meeting the criteria of subsection (2) who is determined by the domestic violence program to be in need of services or one-time payment due to domestic violence shall be considered a needy family and is eligible under this section for services through a certified domestic violence shelter.

(4) One-time payments provided under this section shall not exceed $1,000.
Receipt of services or a one-time payment under this section does not preclude eligibility for, or receipt of, other assistance or services under this chapter.

Program Description

• Program Purpose: This program provides emergency shelter and related services to TANF- eligible victims of domestic violence.

• Eligibility Criteria: In order for an applicant to be eligible for TANF funding, a determination must be made that the applicant is a pregnant woman or is a parent with one or more minor children or a caretaker with one or more minor children. In addition, the applicant must indicate that the personal resources available at the time of service are less than 200% of the federal poverty level.

• Restrictions on the amount, duration, or frequency of payments: NA. To extend services to larger numbers of domestic violence victims, cash payments to clients are not used with the Domestic Violence Diversion Program. The program focuses instead on providing access to professional counselors who can offer a variety of services.

• Major Activities: The program provides the statutorily mandated services of emergency shelter, 24 hour hotline, information and referral case management, child assessment, counseling, community education and professional training. Other services are considered on a case-by-case basis.

• Number Served: Domestic Violence Diversion services were provided to 14,465 families during the report period.

• Referral mechanism to other programs that might help the client make the transition from welfare to work: Information and referral and case management are an integral part of the program. Based upon need, participants are assisted in applying for other state and/or local benefits and services.

2. Healthy Families Florida Program

Authorizing Statute: 414.158 F.S. Diversion program to prevent or reduce child abuse and neglect

(1) The diversion program to prevent or reduce child abuse and neglect is intended to provide services and one-time payments to assist families in avoiding welfare dependency and to strengthen families so that children can be cared for in their own homes or in the homes of relatives and so that families can be self-sufficient.

(2) Before finding a family eligible for the diversion program created under this section, a determination must be made that:

(a) The family includes a pregnant woman or a parent with one or more minor children or a caretaker relative with one or more minor children.

(b) The family meets the criteria of a voluntary assessment performed by Healthy Families Florida; the family meets the criteria established by the department for determining that one or more children in the family are at risk of abuse, neglect, or
threatened harm; or the family is homeless or living in a facility that provides shelter to homeless families.

(c) The services or one-time payment provided are not considered assistance under federal law or guidelines.

(3) Notwithstanding any provision to the contrary in s. 414.075, s. 414.085, or s. 414.095, a family meeting the requirements of subsection (2) shall be considered a needy family and shall be deemed eligible under this section.

(4) The department, in consultation with Healthy Families Florida, may establish additional requirements related to services or one-time payments, and the department is authorized to adopt rules relating to maximum amounts of such one-time payments.

(5) Receipt of services or a one-time payment under this section shall not preclude eligibility for, or receipt of, other assistance or services under this chapter.

Program Description

•Program Purpose: This program provides a community-based, voluntary home visiting program for expectant families and families of newborns who are experiencing stressful life situations. The program is designed to prevent child abuse and neglect before it occurs and to promote healthy childhood growth and development. TANF funds have allowed the program to expand its number of sites and increase the counties receiving service.

• Eligibility Criteria: The applicant must (1) live in a geographically targeted area, (2) be pregnant or have a newborn less than three months of age, (3) be assessed as at-risk for poor childhood outcomes, including abuse and neglect, and (4) voluntarily agree to participate. There are no income guidelines for eligibility for the standard Healthy Families Program, but those served with TANF funds in the expanded program must be under 200% of poverty.

• Restriction on the amount, frequency, or duration of payments: Funding is to be expended for items and activities related to a specific crisis situation or episode of need rather than an ongoing need.

• Major Activities: Major activities include home visiting to teach parent-child interaction, child development, discipline practices and problem solving skills, and providing emergency supports and referral to other community resources.

• Number Served: 19,734 families were served during the 2003-04 program year. (Complete September results might not be included due to data entry lag.)

• Referral mechanisms to other programs that might help the client make the transition from welfare to work: If a family is not eligible for Healthy Families, but is in need of services, they are referred to other local resources. In addition, referrals are made to other services such as medical care, mental health, substance abuse, domestic violence, child care, food stamps, Medicaid, etc.

3. TANF Substance Abuse/Mental Health (SAMH) Program

Authorizing Statute: 414.1585 F.S. Diversion program for families at risk of welfare dependency due to substance abuse or mental illness--

(1) The diversion program for families at risk of welfare dependency due to substance abuse or mental illness is intended to provide services and one-time payments to assist families in avoiding welfare dependency and to stabilize families, so that children can be cared for in their own homes or in the homes of relatives and so that families can be self-sufficient.

(2) Before finding a family eligible for the diversion program created under this section, a determination must be made that:

(a) The family includes a pregnant woman or a parent with one or more minor children or a caretaker relative with one or more minor children.
(b) The family meets criteria established by the department that one or more individuals in the family are at risk of or are impaired due to substance abuse or mental illness.
(c) The services or one-time payment provided are not considered
assistance under federal law or guidelines.

(3) Notwithstanding any provision to the contrary in s. 414.075, s. 414.085, or s. 414.095, a family meeting the criteria of subsection (2) shall be considered a needy family and shall be deemed eligible under this section.

(4) The department is authorized to adopt rules governing the administration of this section and may establish additional criteria related to services, client need, or one-time payments. The department may establish maximum amounts of one-time
payments in rule.

(5) Receipt of services or a one-time payment under this section shall not preclude eligibility for, or receipt of, other assistance or services under this chapter.

Program Description

• Program Purpose: This program provides services to families in danger of entering the welfare system due to having substance abuse and/or mental impairments that can negatively affect their economic and family stability.

• Eligibility Criteria: In order to be eligible for services the applicant must 1) be a family that is at risk of becoming welfare dependent due to substance abuse or mental health problems, and 2) have a family income that is below 200% of the federal poverty level. In addition, the applicant must meet one or more of the following criteria:
Be a parent or relative caretaker with one or more minor children living at home; or
Be a pregnant woman; or
Be a family whose children have been removed from the home by the Family Safety Program (as long as the treatment is included or added to the active family re-unification goal in the case plan); or
Be a non-custodial parent with a court order to pay child-support; or
Be a SSI/SSDI family with work directive goals.

• Restriction on the amount, frequency, or duration of payments: None, except there is a limitation that only non-medical treatment services can be provided and they can only be provided by non-medical personnel. This limitation restricts provision of any psychiatric, detoxification, and other related medical services.

• Major Activities: The program provides outreach, assessment, treatment, and case management services to reduce the risk factors of low-income families joining the welfare rolls due to substance abuse and mental health problems. Whether screened at a One-stop Center, referred by community outreach contacts or directly by the mental health or substance abuse provider, these families are fully assessed for the wide range of barriers. If substance abuse /addiction and/or mental illness impairment is diagnosed, treatment is provided for the whole family.

• Number Served: Mental health services were provided to 10,603 individuals and substance abuse services were provided to 6,160 individuals.

•Referral mechanisms to other programs that might help the client make the transition from welfare to work: Case management links these families with other community resources as needed. The program uses interagency referral forms and procedures to try to overcome the multiple barriers faced by program participants, including food stamp and Medicaid needs.

4. Teen Parent and Pregnancy Prevention Diversion Programs

Authorizing Statute: 445.019 F.S. Teen parent and pregnancy prevention diversion program; eligibility for services.

The Legislature recognizes that teen pregnancy is a major cause of dependency on government assistance that often extends through more than one generation. The purpose of the teen parent and pregnancy prevention diversion program is to provide services to reduce and avoid welfare dependency by reducing teen pregnancy, reducing the incidence of multiple pregnancies to teens, and by assisting teens in completing educational programs.

(1) Notwithstanding any provision to the contrary in ss. 414.075, 414.085, and 414.095, a teen who is determined to be at risk of teen pregnancy or who already has a child shall be deemed eligible to receive services under this program.

(2) Services provided under this program shall be limited to services that are not considered assistance under federal law or guidelines.

(3) Receipt of services under this section does not preclude eligibility for, or receipt of, other assistance or services under chapter 414.

Among Florida programs that focus on pregnancy prevention and/or teen parents, one is developed and managed through the Department of Health. This is a statewide program partially supported by TANF funds.

Abstinence Education Program

Program Description

• Program Purpose: The purpose of abstinence education services is to educate teens on the consequences of sexual activity outside marriage, such as teen pregnancy and sexually transmitted diseases, while also teaching improved decision-making and problem solving skills and building self-confidence. Abstinence education services are preventative in nature and explore teens’ knowledge, attitudes, beliefs and social pressures related to sexual activity outside marriage. The major benefit of investing in the prevention of teenage pregnancy is that prevention potentially reduces public expenditures on families begun by teens and broadens the options for teenagers’ lives and futures. Particular emphasis is directed toward increasing the participation of males, parents, and community members in local program activities. Abstinence education activities are interactive, with a focus on developing positive goal setting skills, and negotiation and refusal techniques. The program emphasizes that abstinence education is the only 100% effective means of preventing unwanted pregnancy and sexually transmitted diseases.

• Eligibility Criteria: The abstinence education program promotes sexual abstinence until marriage among Florida’s 9-18 year old youth population who are at risk of engaging in early sexual activity, becoming pregnant and contracting a sexually transmitted disease.

• Restriction on the Amount, Frequency and Duration of Payments: No payments are made to participants in the program. All contractual funds require obtaining annual match. Funds are distributed to 14 public and private organizations on a quarterly basis in accordance with the fixed price/fixed fee contract. Each contracted provider is required to support all goals of the program and not promote religion, contraception or other conflicting information. No TANF expenditures are made for direct medical services.

• Major Activities: The TANF Program’s major activities include:

•annual statewide conference promoting abstinence until marriage;

• technical assistance workshops;

•interactive, youth-oriented web site;

• statewide media campaign; and

• a toll free 1-800 number and a comprehensive evaluation component.

Contracts exist with 14 community-based organizations, faith-based organizations, public and private entities funded through a competitive bid process to deliver abstinence education services and activities to program target population in 15 counties.

• Number Served: 24,232 youth, including 11,355 males, and 961 parents were provided services.

• Referral Mechanisms to other programs that help the client make the transition from welfare to work: Abstinence participants are referred to after-school programs and day camps that promote the benefits of sexual abstinence and prevention of out-of-marriage pregnancies.

OTHER SHORT-TERM PROGRAMS

In addition to the Diversion Programs described above, Florida has initiated several other non-recurrent, short-term benefit programs. Their descriptions follow below:

Family Safety/ Child Welfare Related Programs

1. Protective Investigations

Program Description

• Purpose of Program: Assess and investigate reports of child maltreatment to ensure the safety and well being of children who have been alleged to be abused, neglected or abandoned. Investigations are conducted with other agencies in accordance with Florida Statutes.

Eligibility Criteria:

• Child is under age 18;

• Family income less than 200 percent of the federal poverty level;

• Child is a U.S. citizen or a qualified non-citizen;

• Child is living with a specified relative; and

• Child is a Florida resident.

• Restrictions on the amount, frequency, or duration of payments: Funds are to be used for the administrative costs associated with the Hotline and Protective Investigations staff.

• Major Activities: TANF eligibility determination is completed for all children who are subjects of an abuse report received by the Florida Abuse Hotline.

• Number Served: There were 147,914 initial reports; 327,445 alleged victims were subjects of investigations.

• Referral mechanisms to other programs that might help the client make the transition from welfare to work: The families being served by this program are receiving complete case management; appropriate referrals are made to other services, as needed.

2. In-home Supports

Program Description

• Program Purpose: The program provides in home support services to remedy some of the underlying conditions that lead to abuse, neglect or abandonment of children and to strengthen families so that children can be cared for in their own homes or in the home of a relative. The families served must have cases open in Protective Investigations or Protective Services and be determined TANF eligible. TANF funds for in-home supports have been allocated to three distinct components--service funds, Family Builders and Intensive Crisis Counseling Program (ICCP.)

Eligibility Criteria:

• Child is under age 18;
• Child must be at imminent risk of removal;
• Family income less than 200% of the FPL; • Child is a U.S. citizen or a qualified non-citizen;
• Child is living with a specified relative; and
• Child is a Florida resident.

• Restrictions on the amount, frequency, or duration of payments: The funds are to be used for non-recurring, short-term services related to a specific crisis situation or episode of need. The services provided must be non-Medicaid eligible services.

Major Activities:

Service Funds are used to remedy a non-recurring family need that will allow the child to remain in the family. A non-recurring need is defined as an immediate and pressing need of something essential for daily living. Some of the services to be provided with these funds include: home maintenance, temporary housing, transportation, respite care and school-related expenses.

Family Builders Program provides intensive, time-limited (up to four months), in-home family preservation services, delivered on a voluntary basis. Services are designed to improve family maintenance skills, including parenting skills, family budgeting, health, nutrition and coping with stress.

Intensive Crisis Counseling Program provides time-limited (up to six weeks) in-home family preservation services. Services are designed to improve parenting skills by reinforcing parents’ confidence in their strengths, helping them identify where improvement is needed and obtaining assistance with the necessary skills related to child development, family budgeting, health, nutrition and coping with stress.

Number Served: 21,868 (estimated) were served during the 2003-04 program year.

• Referral mechanisms to other programs that might help the client make the transition from welfare to work: The families being served by these services are receiving complete case management and appropriate referrals are made to other services, as needed.

3. Out-of-Home Supports (Title IV-A/EA)

Program Description

• Program Purpose: The purpose of this program is to provide temporary services for a planned period of time for children whose immediate families are unable to care for them due to abuse and neglect issues. Services may include temporary housing (emergency shelter, foster care and residential group care), clothing, child care, respite, and other services deemed necessary to facilitate and expedite reunification or other permanency options.

•Eligibility Criteria:

• Determination that an emergency exists;
• Child is under age 18;
• Child is living with or has lived with a specified relative within last 6 months;
• Emergency is not the result of refusal to accept employment;
• Family/child does not have readily available resources to resolve emergency; and
• No prior emergency assistance authorizations in the past twelve months.

•Restrictions on the amount, frequency, or duration of payments: All services must be directly linked to alleviating the emergency situation and must be authorized during the 30-day authorization period. Service provision must not exceed 12 months.

Major Activities:

Provide temporary housing and other services to the child and family to prevent destitution and expedite permanency. Administrative costs associated with the provision of foster care services are included in this program.

• Number Served: 4,329 (estimated) services were provided.

• Referral mechanisms to other programs that might help the client make the transition from welfare to work: The families being served are receiving complete case management, and appropriate referrals are made to other services, as needed.

4. Adoption Subsidies and Services

Program Description

•Program Purpose: To provide a Maintenance Adoption Subsidy to “special needs children” who have been determined ineligible for Title IV-E adoption assistance and to provide services to strengthen adoptive families and minimize adoption disruption.

• Eligibility Criteria:

• Child is under age 18;
• Child determined ineligible for Title IV-E adoption assistance;
• Family income (“child-only”) less than 200 percent of the federal poverty level;
• Child is a U.S. citizen or a qualified non-citizen;
• Child is living with a specified relative (adoption finalization establishes specified relationship); and
• Child is a Florida resident

• Restrictions on the amount, frequency or duration of payments: The child’s continued eligibility for the Maintenance Adoption Subsidy must be redetermined every 12 months and reviewed when one of the eligibility requirements changes.

• Major Activities: The primary activity is to promote permanency so that children can be maintained in their own homes.

• Number Served: 1,099 (estimated) families were provided services.

• Referral mechanism to other programs that might help the client make the transition from welfare to work: The families receiving these services are receiving complete case management, and appropriate referrals are made to other services as needed.

Health Care Related Programs

1. Ounce of Prevention Program

Program Description

• Purpose of Program: The purpose of the Ounce of Prevention Program is to reduce total infant mortality per 1,000 live births through various intervention programs. Several programs place emphasis on child developmental services and the importance of building strong families.

• Eligibility Criteria:

Eligibility requirements vary for the recipients of these services. Since these programs serve numerous at-risk individuals with multiple issues, the individual program provider determines eligibility. Program models include, but are not limited to achieving educational results, building strong families, developing economic independence, and helping communities with issues related to substance abuse.

• Restriction on amount, frequency or duration of services and payments: A full range of services is essential to the successful implementation of the demonstration projects. Participation in the services offered can vary from three months to three years, depending on the program.

•Major Activities:

Funding for this contract provides time-limited demonstration projects through subcontracts that provide support services to at-risk families. To reduce total infant mortality statewide, no less than 10 innovative on-going or new, public or private projects will be funded to strengthen individual, family, and community capacities to raise healthy, competent, productive, and caring children and to prevent family dysfunction in at-risk families, including infant mortality, and delayed development in children. General revenue and TANF dollars comprise the funding sources for this effort.

• Number Served: 3,661 clients were provided services. (Unable to determine the exact number of families.)

• Referral mechanism to other programs that help the client make the transition from welfare to work: All demonstration projects are required to identify community partners prior to contract execution to ensure that appropriate community agencies will be available for referrals based on participant’s needs.

2. School Health Services Program

Program Description

• Program Purpose: Florida school health services protect and promote the health of school children. The goals of the Comprehensive School Health Services Project are to increase access to health and health education services for high- risk students, prevent teen pregnancy, and reduce other adolescent risk-taking behaviors. The goals of the Full Services School projects are similar to those of the Comprehensive projects--with additional direction to collaborate with local agencies and programs for collocation and in-kind services that complement basic school health services and help to meet the social, health and economic needs of medically underserved students and their families.

• Eligibility Criteria:

The School Health Services Program provides health services to approximately 2,591,753 students in over 3,348 public schools in K through 12th grade.

School health services to students under TANF funding are provided in Comprehensive School Health Services projects and Full Service School Projects. During 2003-2004, the Comprehensive projects served approximately 265,319 students in 339 schools and the Full Service Schools provided services to 322,107 students in 395 public schools.

• Restrictions on amount, frequency and duration of services: Services are only limited by the amount and availability of staff.

• Major Activities:

Services include screening for hearing, vision, scoliosis, dental, and growth and development problems; school record reviews to ensure compliance with requirements for immunizations and school entrance physical exams; nursing and nutritional assessments; emergency care; medication assistance to students during the school day and case finding/case management for high-risk students and for pregnant and parenting students in order to support their ability to access services, stay in school and return to school after delivery.

In Comprehensive and Full Service schools, mandated basic services such as screening and referrals are provided as well as home visits, case management, expanded screening, mental health counseling and social work services, and health education classes. In some projects, students and their families may access social services and job placement services at family health service centers.

• Number served: Combined, project staff provided 7,300,607 services to students in Comprehensive and Full Service schools. In Florida, during 2002, there were 14,104 (16.3 per 1,000) births statewide to girls from the ages 11 to 18. During the 2003-04 school year, there were 586 births (13.41 per 1,000) to 6th to 12th grade students in schools with Comprehensive School Health Services projects. Of these students, 448 (76.45 percent) returned to school or continued with alternative education after giving birth. Only 38 (8.51 percent) of the babies born to CSHSP students were low birth weight. These numbers are significant because the Comprehensive School Health Services Project schools are located in Florida neighborhoods where the probability of involvement in high-risk behavior is higher.

• Referral mechanisms to other programs that help the client make the transition from welfare to work: The focus of the school health programs is prevention, early case finding, providing support to promote good academic and pregnancy outcomes, student retention during pregnancy and return to school after delivery. Students who drop out or do not return after delivery are referred to Healthy Start Case Managers. There is no formal mechanism for referring the students to services that transition them from welfare to work. On an individual county basis, county health department staffs work together with state and local agencies to promote economic self-sufficiency among pregnant and parenting students. Students and their families are assisted as needed to access food stamps, health insurance, job training and other support services.

3. Early Steps System

Program Description

• Program Purpose: The Children’s Medical Services (CMS) Early Steps is a comprehensive, interagency, multidisciplinary system. Community-based and family-focused, it is intended to provide a coordinated system of early intervention services for infants and toddlers, from birth to age three, who have a developmental delay or an established medical condition, which places them at high risk for developmental disabilities. The purpose of this umbrella program is to identify infants early, to develop a Family Support Plan based on the families’ concerns, priorities and resources, and to coordinate the provision of early intervention services and related supports.

The mission of Early Steps is to establish a coordinated system of services for the purpose of:

• Providing the earliest possible intervention and support for children with disabilities, developmental delay and those who are at high risk for developmental delay;
• Ensuring that all children with disabilities and at high risk for developmental delay have the opportunity to reach their full potential by, among other things, maximizing their potential for independent living and minimizing their likelihood of institutionalization.
• Ensuring that all children and families in need have equal access to appropriate prevention and early intervention services.
• Minimizing the social and economic influences that may cause developmental disabilities.
• Supporting families in their effort to maintain fully functioning and healthy families.

The Individuals With Disabilities Education Act (IDEA), Part C component of Early Steps is a comprehensive entitlement program that includes identification, evaluation, family support planning and service coordination as its core services. In addition, other early intervention services are provided based on the needs of the child and the concerns and priorities of the family as agreed upon by the Family Support Plan team. The intent of the IDEA, Part C is to enhance the development of infants and toddlers with developmental disabilities. All infants and toddlers, from birth to 36 months of age, who have a diagnosis known to have a high probability of resulting in a developmental delay (genetic or metabolic disorder, neurological abnormalities or insults, severe attachment disorder or significant sensory impairment) and those who have a developmental delay are eligible for services under this program component. These services are provided regardless of the family’s income. Currently, this program does not serve the at-risk population of infants and toddlers in the state of Florida.

The Developmental Evaluation and Intervention (DEI) program component is a coordination of services program intended to enhance the family's ability to maximize their child's potential. It is intended to provide comprehensive assessments of the needs of infants and toddlers who have received services in the Neonatal Intensive Care Unit (NICU) of designated hospitals, infants identified as hearing impaired or at high risk of hearing impairment, and infants who have been referred by the CMS Genetics/Infant Screening Program. Infants identified in a NICU must meet medical as well as family income eligibility criteria to receive services under this program component. There is no financial eligibility criteria for infants identified with hearing impairments. The focus is on early identification and the provision of service coordination. Service coordination assures that the infant and family receive specific services to address the concerns, priorities, and outcomes identified in the Family Support Plan and coordinates the provision of intervention and assistance services, as needed, to infants and their families.

The DEI component also provides infant hearing services to maximize the developmental potential of infants with impaired hearing. These services are provided for infants born or served in a DEI designated hospital regardless of the family’s income. Services include: identifying infants who are at risk of hearing impairment and for these infants providing audiometric screening, diagnosis and referral services. Services provided under this program component are coordinated with the local school districts that provide for the educational management of children with hearing impairments.

• Eligibility Criteria: I

nfants and toddlers may be eligible for services under one or both of the program components.

•IDEA, Part C Component, Public Law 105-71.
Serves infants and toddlers from birth until age 3 years of age.
There is NO income or assets criteria for eligibility
Infants and toddlers are determined to be eligible based on an established medical condition (neurological disorder, metabolic or genetic disorder, severe attachment disorder, sensory impairment) or a diagnosed developmental delay.

• Developmental Evaluation and Intervention (DEI) Component, Chapter 391, F.S
Serves infants and toddlers who have been cared for in a designated Florida hospital neonatal intensive care unit and who meet medical and financial eligibility criteria (200% FPL).

Medical criteria includes infants identified with hearing impairments or with risk factors for progressive hearing loss and infants with risk factors (medical and social) placing the infant at high risk for developmental delays or disabilities.

NOTE: All children served under this program with TANF funding are children from families with low income. Eligibility for Medicaid is used as the proxy for TANF financial eligibility determination. Since all children receiving Medicaid in Florida are under 200% of poverty, they would, therefore, meet the TANF means test.

• Restriction on amount, frequency or duration of services and payments: None

• Major Activities: The provision of assessments, early intervention and support services, home visits, parent training, service coordination/case management, family support planning.

• Number Served: 19,683 Families received at least one TANF-funded service in FY2002-03. 19,994 Families received at least one TANF-funded service in FY2003-04.

• Referral Mechanisms to other programs that might help the client make the transition from welfare to work: A basic component of service coordination and family support planning is the identification of parent/family needs including social support, education, and employment support. Based on the identified needs of the parents referrals to appropriate community agencies are coordinated, such as to Work Force Innovation, Food Stamps, emergency housing services, etc.

Education and Job Preparation and Job Retention Programs

1. About Face and Forward March Programs

Authorizing Statute: 250.10(2)(m), F.S. Appointment and duties of the Adjutant General--

(m) Subject to annual appropriations, administer youth About Face programs and adult Forward March programs at sites to be selected by the Adjutant General.

2. About Face shall establish a summer and a year-round after-school life-preparation program for economically disadvantaged and at-risk youths from 13 through 17 years of age. Both programs must provide schoolwork assistance, focusing on the skills needed to pass the high school competency test, and also focus on functional life skills, including teaching students to work effectively in groups; providing basic instruction in computer skills; teaching basic problem solving, decision-making, and reasoning skills; teaching how the business world and free enterprise work through computer simulations; and teaching home finance and budgeting and other daily living skills. In the afterschool program, students must train in academic study skills, and the basic skills that businesses require for employment consideration.

3. The Adjutant General shall provide job-readiness services in the Forward March program for welfare transition program participants who are directed to Forward March by local regional workforce board. The Forward March program shall provide training on topics that directly relate to the skills required for real-world success. The program shall emphasize functional life skills, computer literacy, interpersonal relationships, critical-thinking skills, business skills, preemployment and work maturity skills, job-search skills, exploring careers activities, how to be a successful and effective employee, and some job-specific skills. The program also shall provide extensive opportunities for participants to practice generic job skills in a supervised work setting. Upon completion of the program, Forward March shall return participants to the local regional workforce board for placement in a job placement pool.

• About Face

Program Description

• Program Purpose: Developed for economically disadvantaged youths, this program seeks to instill focus and discipline while teaching life skills and academic skills in a summer program and in a year-round, after-school program.

• Eligibility Criteria:

Participants shall be economically disadvantaged (below 200% of poverty) or at-risk youth from 13 through 17 years of age.

• Restrictions on the amount, frequency, or duration of payment: NA. No payments are made.

• Major Activities:

Schoolwork assistance, especially to be focused on passing the high school competency test; life skills; computer basics; problem solving, decision making and reasoning skills are the primary activities.

•Number Served: 2,146 students were enrolled and 1,980 completed the program.

• Referral mechanisms to other programs that help the client make the transition from welfare to work: Information is disseminated about other programs and activities that the youth and their families may be eligible for—especially scholarship opportunities.

•Forward March

Program Description

• Program Purpose: Forward March is an alternate job-readiness and skills training program for adults that can be utilized by welfare transition participants when they are referred by their local regional workforce board.

• Eligibility Criteria:

Participant derives eligibility through the TANF cash assistance program and satisfies the TANF work activity requirement by satisfactorily attending and participating in Forward March.

• Restrictions on the amount, frequency, or duration of payment: NA, no payments made from the program.

• Major Activities: The program focuses primarily on the “soft” skills such as functional life skills, interpersonal relationships, critical-thinking, work maturity skills, job search and career exploration. However, it also includes some job-specific skills, especially computer literacy and work experience in a supervised setting.

• Number Served: 911 students were enrolled in the program.

• Referral mechanisms to other programs that help the client make the transition from welfare to work: NA. Participants are on-going cash assistance recipients, and the case manager is responsible for assuring proper referrals to other programs.

2. Career Advancement and Retention Challenge:

• Program Purpose: The purpose of this special project is to serve families eligible for temporary assistance for needy families with non-assistance services in an attempt to reduce and prevent parents from being dependent on government benefits. The program targets the development of innovative employed worker training programs. Training strategies must target programs that will result in career advancement and job retention in occupations on the 2003-04 regional Targeted Occupations Lists (TOLs). All training providers must either be on the region’s eligible training provider list or must be provided and certified by the employer.

• Eligibility Criteria:

The project is available to current and former employed recipients of temporary cash assistance who meet the definition of family and are below 200% of the federal poverty as well as employed families determined to be eligible for TANF non-assistance services because they are at risk of welfare dependency.

• Restrictions on the amount, frequency, or duration of payments: Participants are not provided with on-going cash assistance payments.

• Major Activities: Regional workforce boards interested in responding to the competitive grant solicitation process were required to submit proposals. The proposals included how the regional projects would address the following elements.

Customer Outreach

• Strategies for identifying and recruiting eligible employed workers to participate in the program.Employer Engagement
•RWBs must establish a formal partnership with one or more area employers for training and career advancement process;
• Employer assistance (for example; tax incentives, training dollars, hiring incentives, compensation for specialized supervision of target population (can include mentoring and intensive assistance after initial placement)
• RWBs must identify performance benchmarks to meet the needs of the employer (for example; decreased rate of employee turnover, decreased sick time, increased cycle time, etc.)

Retention Services

• Retention strategies for employer to implement (can include turnover reduction, mentoring programs, salary review, etc)
• Process to utilize transitional and/or support services for employed worker.
Coordination of Post-Employment Services
• Defined process for employed worker to access critical services to include transitional, support, housing, food stamps, and medical referral
• Mentoring and counseling
• Job Coaching and related services
• Intensive follow-up and additional case management (service provider incentives or additional pay points for retention and career advancement)
• On-site training programs

Training Provider Outreach & Engagement
     Each training provider must have the ability to:

•Work closely with employers to respond to their immediate training needs, identify jobs in demand and include employers in program design and development of training;
• Provide a mix of basic and occupational skills, soft skills, and work-based learning;
• Provide the capacity and expertise in a specific training area, (to include non-traditional training such as distance learning and internet based training);
• Develop training curricula in terms of competencies and skills that can be documented;
• Link short term opportunities for further skills upgrading and postsecondary education;
• Understand the demands on working families and strive to make training flexible and accessible to the employer and employee;
• Work with the employer and employee to establish a post-employment mentoring component that assists trainees throughout the process to retain employment and advance in the workplace;
• Help clients with family and employment-related needs by working with other agencies to deliver needed services and work supports.

• Number Served: A total of 1,383 participants were served in the career advancement and retention challenge program for the 2003-04 fiscal year.

• Referral mechanisms to other programs that might help the client make the transition from welfare to work: The participants being served by this program are receiving case management through the one-stop system. Appropriate referrals are made to other programs as needed.

3. Pilot Projects and/or Programs with Less than Full State Implementation for Assisting Families to Achieve and Maintain Economic Self Sufficiency

Passport for Economic Progress

Having incomes below the federal poverty level makes families particularly vulnerable to reliance on public assistance despite their best efforts to achieve or maintain economic independence through employment. Therefore, the legislature found it necessary to implement a performance-based program that defines economic incentives for achieving specific benchmarks toward self-sufficiency while (transitional) individuals are working full-time (445.048, F.S.). The purpose of the Passport to Economic Progress Program is to provide incentives and services designed to assist individuals who are former recipients of temporary cash assistance in an effort to foster the achievement of self-sufficiency goals, as well as, advance to become self-sufficient.

445.048 F. S. Passport to Economic Progress demonstration program--

(1) AUTHORIZATION.--Notwithstanding any law to the contrary, Workforce Florida, Inc., in conjunction with the Department of Children and Family Services and the Agency for Workforce Innovation, shall implement a Passport to Economic Progress demonstration, consistent with the provisions of this section in Hillsborough and Sarasota counties. Workforce Florida, Inc., must consult with the applicable regional workforce boards and the applicable local offices of the department which serve the demonstration areas and must encourage community input into the implementation process.

(2) WAIVERS.--If Workforce Florida, Inc., in consultation with the Department of Children and Family Services, finds that federal waivers would facilitate implementation of the demonstration program, the department shall immediately request such waivers, and Workforce Florida, Inc., shall report to the Governor, the President of the Senate, and the Speaker of the House of Representatives if any refusal of the federal government to grant such waivers prevents the implementation of the demonstration program. If Workforce Florida, Inc., finds that federal waivers to provisions of the Food Stamp Program would facilitate implementation of the demonstration program, the Department of Children and Family Services shall immediately request such waivers in accordance with s. 414.175.

(3) TRANSITIONAL BENEFITS AND SERVICES.--In order to assist them in making the transition to economic self-sufficiency, former recipients of temporary cash assistance residing within the areas designated for this demonstration program shall be eligible for the following benefits and services:

(a) Notwithstanding the time period specified in s. 445.030, transitional education and training support services as specified in s. 445.030 for up to 4 years after the family is no longer receiving temporary cash assistance;
(b) Notwithstanding the time period specified in s. 445.031, transitional transportation support services as specified in s. 445.031 for up to 4 years after the family is no longer receiving temporary cash assistance; and
(c) Notwithstanding the time period specified in s. 445.032, transitional child care as specified in s. 445.032 for up to 4 years after the family is no longer receiving temporary cash assistance.

All other provisions of ss. 445.030, 445.031, and 445.032 shall apply to such individuals, as appropriate. This subsection does not constitute an entitlement to transitional benefits and services. If funds are insufficient to provide benefits and services under this subsection, the board of directors of Workforce Florida, Inc., may limit such benefits and services or otherwise establish priorities for the provisions of such benefits and services.

(4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY

(a)  The Legislature finds that:

1.  There are former recipients of temporary cash assistance who are working full time but whose incomes are below the poverty level.
2.  Having incomes below the federal poverty level makes such individuals particularly vulnerable to reliance on public assistance despite their best efforts to achieve or maintain economic independence through employment.
3.  It is necessary to implement a performance-based program that defines economic incentives for achieving specific benchmarks toward self-sufficiency while the individual is working full time.

(b)  Workforce Florida, Inc., in cooperation with the Department of Children and Family Services and the Agency for Workforce Innovation, shall offer performance-based incentive bonuses as a component of the Passport to Economic Progress demonstration program in the areas of the state which are designated for the demonstration program. The bonuses do not represent a program entitlement and shall be contingent on achieving specific benchmarks prescribed in the self-sufficiency plan. If the funds appropriated for this purpose are insufficient to provide this financial incentive, the board of directors of Workforce Florida, Inc., shall reduce or suspend the bonuses in order not to exceed the appropriation.

(c)  To be eligible for an incentive bonus under this subsection, an individual must:

1.  Be a former recipient of temporary cash assistance who last received such assistance on or after January 1, 2000;
2.  Be employed full time, which for the purposes of this subsection means employment averaging at least 32 hours per week, until the United States Congress enacts legislation reauthorizing the Temporary Assistance for Needy Families block grant and, after the reauthorization, means employment complying with the employment requirements of the reauthorized law; and
3.  Have an average family income for the 6 months preceding the date of application for an incentive bonus which is less than 100 percent of the federal poverty level.

(5)  EVALUATIONS AND RECOMMENDATIONS.--Workforce Florida, Inc., in conjunction with the Department of Children and Family Services, the Agency for Workforce Innovation, and the regional workforce boards in the areas designated for this demonstration program, shall conduct a comprehensive evaluation of the effectiveness of the demonstration program operated under this section. By January 1, 2005, Workforce Florida, Inc., shall submit a report on such evaluation to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The report must include recommendations as to whether the demonstration program should be expanded to other service areas or statewide and whether the program should be revised to enhance its administration or effectiveness.

(6) CONFLICTS.--If there is a conflict between the implementation procedures described in this section and federal requirements and regulations, federal requirements and regulations shall control.

Program Description

• Program Purpose: This is a demonstration project operating in Hillsborough and Manatee Counties. The program was designed to increase family income levels by encouraging families to define and reach self-sufficiency goals. Programs provide employments services, support services and incentives to assist transitional families who are working to achieve and maintain economic self sufficiency.

• Eligibility Criteria:

The extended transitional services are available to transitional participants based on the availability of funding. To receive incentives, the employed individuals must be former recipients of temporary cash assistance who last received such assistance on or after January 2000; must be working 32 hours per week; must have a family income for the previous 6 months below 100% of the federal poverty level; must have left cash due to earnings; and must have met a goal that is outlined in the participant’s Individual Responsibility Plan. The provision of incentives is based on the achievement of performance-based benchmarks.

• Restrictions on the amount, duration, or frequency of payments: Incentives may be achieved for each benchmark attained by the transitional participants.

•Major Activities: Activities include providing information to former recipients of temporary cash assistance who my qualify for the Passport Program, recruiting employed individuals, verifying eligibility for the Passport Program, developing the individual’s responsibility plan in collaboration with the participant, conducting case management and providing incentives based on achievements.

• Number Served: 317 participants were served by the project during state fiscal year 2003-04.

• Referral Mechanism to other programs that might help the client make the transition from welfare to work: The regional workforce boards’ provider(s) assess the participants individually and make all appropriate referrals that may be needed by the participant and family.

NOTE: During the 2004 legislative session, the Florida Legislature modified this program for the 2004-2005 program year. The provision of incentives for the participant enrolled based on achievements outlined in the participant’s individual responsibility plan was continued. The income requirements for the family were modified to require the average family income for the 6 months preceding the date of application for incentives to be less than 150% of the federal poverty level.

Non-Custodial Parent Employment Program (NCPEP):

Program Description

• Program Purpose: The purpose of the non-custodial parent employment program is to provide eligible non-custodial parents non-assistance services in an effort to end or prevent the dependence of needy parents on government benefits. Eligible non-custodial parents are provided with employment services to obtain and retain employment in an effort to contribute to the financial well being of the related child’s family through child support.

• Eligibility Criteria:

The contracted provider serves non-custodial parents children who receive public assistance or are qualified as TANF eligible (family income level less than 200% of the poverty level). The non-custodial parent must be either unemployed or under-employed with difficulty or inability with paying child support. The non-custodial parent may have been ordered by the courts to seek employment or were able to enroll in the program on a voluntary basis. The program was designated by Florida Legislature to enroll and serve non-custodial parents in Hillsborough, Pinellas, and Pasco Counties.

• Major Activities:

Activities include outreach to non-custodial parents who are under court order, as well as, non-custodial parents who can be or have been taken to court but have not yet been order into the program; orientation to the program informing participants of program opportunities and responsibilities; informing participants of the relationship fostered between the program and the Department of Revenue; case management; various types of assessments; parenting education; employment plan development; employment and job skills training if needed; employment placement; and employment retention services.

• Number Served: A total of 751 participants were served in the NCPEP program for during state fiscal year 2003-04.

NOTE: Individual Regional Workforce Boards also served non-custodial parents in

TANF funded local programs separate from the NCPEP program. Services offered to non-custodial parents vary by region, and may include: outreach and recruitment, orientation, assessment, case management, employability skills training, development of individual employment plans, referrals to other programs and services (i.e.: veteran services, substance abuse counseling, medical/dental care, assistance with utilities, food, and clothing), employment services, post placement services, support services (i.e.: gas cards, bus tickets, tools, clothing books, and educational enrollment fees).

• Number Served: The Regional Workforce Boards served a total of an additional 342 non-custodial parents during this fiscal year.

Education: The Pathway to Independence:

Program Description

• Program Purpose: The purpose of this project is to provide intervention programs that target eligible at-risk youth and first time job entrants with the goal of assisting them in remaining in school or returning to school and thereby increasing their chances of obtaining or retaining full-time employment. The funding for this project comes from the Temporary Assistance to Needy Families (25%) and the Workforce Investment Act (75%).

•Eligibility Criteria: To be eligible for the receipt of TANF services, the enrollees have to be current or former recipients of Temporary Cash Assistance. .

• Restrictions on the amount, frequency, or duration of payments: Eligible participants of the Pathways program are not provided with cash assistance payments.

• Major Activities:

Programs were developed by local regional workforce boards selected through a competitive, sealed-bid process. The program plans were required to include intervention strategies with an outcome focus of increasing the participant’s basic skills, thinking skills, and personal development skills. The strategies had to include at least four of the following components:

1) Involvement in a pre-apprenticeship, internship, workforce academy, business internship program or community service program;
2) Mentoring programs;
3) Skills training programs
4) Training in leadership development, decision-making, citizenship and community service;
5) Early intervention to improve school attendance and performance;
6) Programs that link schools, homes, neighborhoods and communities in structured learning activities.

The following program outcomes were recorded and tracked by the program providers:

1) Academic achievement as evidenced by standard assessment of test such as TABE, FCAT, etc.;
2) Improved school attendance;
3) Completion of a community service program;
4) Attainment of a high school diploma or GED;
5) Job placement; and
6) Certification in a pre-apprenticeship program or a vocational program.

Number Served: A total of 221 participants were served in the Education Pathway program during state fiscal year 2003-04.

7. Description of the Procedures Established to Resolve Displacement Complaints.

The following information describes the Grievance/Complaint process established for TANF recipients by the Florida Legislature, the Florida Department of Children and Families, and the Agency for Workforce Innovation.

PROTECTIONS FOR PARTICIPANTS. Each participant is subject to the same health, safety, and nondiscrimination standards established under federal, state, or local laws that otherwise apply to other individuals engaged in similar activities who are not participants in the welfare transition program. 445.024 (6), F.S.

PROTECTION FOR CURRENT EMPLOYEES. In establishing and contracting for work experience and community service activities, other work experience activities, on-the-job training, subsidized employment, and work supplementation under the welfare transition program, an employed worker may not be displaced, either completely or partially. A participant may not be assigned to an activity or employed in a position if the employer has created the vacancy or terminated an existing employee without good cause in order to fill that position with a program participant. 445.024(7), F.S.

•According to Florida Statute ss. 409.285, an individual may appeal an action or lack of action that results in the disproval of eligibility, as well as modifies or cancels his or her temporary cash assistance. The Department of Children and Families is responsible for providing an appeals process. If the Department takes action to reduce, deny or terminate benefits, the Department carries the burden of proof. If the reduction, denial or termination of benefits was the result of the workforce board, the Department is responsible for ensuring the witnesses appropriate for the Fair Hearing are invited. If the individual has been sanctioned for noncompliance with TANF work requirements and requests a hearing, the Regional Workforce Board/contract provider is requested to attend the hearing, bring relevant documents, and participate in the process.

• Workforce Florida Inc. or AWI is responsible for providing a grievance process for an individual related to service delivery of TANF-funded work activities or alternative requirement plans, support services, and other workforce functions under the Workforce Innovation Act.

DISPLACEMENT NOTE: A grievance may be filed by regular employees regarding displacement by a Workforce Investment Act (WIA), Welfare Transition/TANF, or Welfare-to-Work (WtW) program participant and by program participants regarding displacement in accordance with the Agency for Workforce Innovation grievance guide (WPDG 00-004). Displacement action prohibitions and available relief specifications are described for WIA (20 CFR 667.279), TANF (45 CFR 261.270), and WtW (20 CFR 645.265).

8. Summary of State Programs and Activities Directed at the Third and Fourth Statutory Purpose of TANF.

Programs directed toward the third purpose of the TANF Program

Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies.

REDUCTION OF OUT OF WEDLOCK BIRTHS and TEENAGE PREGNANCY PREVENTION: Florida citizens are concerned about the number of teenage pregnancies, and the Legislature has responded to those concerns by creating a variety of initiatives carried out by partnerships among state and local human services, education and health agencies and programs. Section 411.243, F. S., added a specific initiative related to teen pregnancy prevention targeted through welfare reform.

4ll.243, F.S. Teen Pregnancy Prevention Community Initiative—

Subject to the availability of funds, the Department of Health shall create a Teen Pregnancy Prevention Community Initiative. The purpose of this initiative is to create collaborative community partnerships to reduce teen pregnancy. Participating communities shall examine their needs and resources relative to teen pregnancy prevention, and develop plans which provide for a collaborative approach to how existing, enhanced, and new initiatives together will reduce teen pregnancy in a community. Community incentive grants shall provide funds for communities to implement plans that provide for a collaborative, comprehensive, outcome-focused approach to reducing teen pregnancy.

(1) The requirements of the community incentive grants are as follows:

(a) The goal required of all grants is to reduce the incidence of teen pregnancy. All grants must be designed and required to maintain the data to substantiate reducing the incidence of teen pregnancy in the targeted area in their community;
(b) The target population is teens through 19 years of age, including both males and females and mothers and fathers;
(c) Grants must target a specified geographic area or region, for which data can be maintained to substantiate the teen pregnancy rate;
(d) In order to receive funding, communities must demonstrate collaboration in the provision of existing and new teen pregnancy prevention initiatives. This collaboration shall include developing linkages to the health care, social services, and education systems; and,
(e) Plans must be developed for how a community will reduce the incidence of teen pregnancy in a specified geographic area or region. These plans must include:

1. Provision for collaboration between existing and new initiatives for a comprehensive, well-planned, outcome-focused approach. All organizations involved in teen pregnancy prevention in the community must be involved in the planning and implementation of the community incentive grant initiative.
2. Provision in the targeted area or region for all of the components identified below. These components may be addressed through a collaboration of existing initiatives, enhancements, or new initiatives. Community incentive grant funds must address current gaps in the comprehensive teen pregnancy prevention plan for communities.

a. Primary prevention components are:

(I) Prevention strategies targeting males;
(II) Role modeling and monitoring;
(III) Intervention strategies targeting abused or neglected children;
(IV) Human sexuality education;
(V) Sexual advances protection education;
(VI) Reproductive health care;
(VII) Intervention strategies targeting younger siblings of teen mothers; and,
(VIII) Community and public awareness.
(IX) Innovative programs to facilitate prosecutions under s. 794.011, s. 794.05, or s. 800.04, F.S.

b. Secondary prevention components are:

(I) Home visiting;
(II) Parent education, skill building, and supports;
(III) Care coordination and case management;
IV) Career development; and,
(V) Goal setting and achievement.

(3) The state shall provide technical assistance, training, and quality assurance to assist the initiative in achieving its goals.

FLORIDA’S PROGRAMS AND STRATEGIES: Florida has numerous programs and activities to reduce out-of-wedlock births and teenage pregnancies.
Family planning—the prevention or spacing of pregnancies--is one of the most crucial elements of parental responsibility. Family planning provides a woman or a couple the ability to determine family size and improve personal economic status. Only educational status has more impact on family self-sufficiency. Recipients of temporary cash assistance who limit the size of their family can more easily earn their way out of poverty than those with large numbers of children.

Title X of the U.S. Code provides that use of family planning services cannot be a condition for receiving public assistance. Therefore, strategies to reduce the incidence of out-of-wedlock pregnancies with special emphasis on preventing teenage pregnancies must be founded on voluntary principals. These strategies are prevalent in many programs in Florida. Some of the programs are funded for this singular purpose, but since there is no eligibility based on financial need for purpose three, there are many additional programs which may have strands of activities related to pregnancy prevention in teenagers woven throughout other program topics.

Several of these most specific programs have been described in Section 6 of this report because they are programs that provide benefits or services that are non-recurrent and short term. These programs will be listed again in this section with the page number for reference to the more complete description:

Abstinence Education Program, page 36.

School Health Services Program, page 42.

In addition to the specifically targeted programs above, several of the programs previously described that focus primarily on purposes one or two also include activities related to purposes three and four—especially Healthy Families, Family Builders, Ounce of Prevention.

No discussion about programs directed toward teenage pregnancy prevention would be complete without describing the role of the 24 Regional Workforce Boards. Each board is required to describe the activities in this area in its annual strategic plan. Using TANF funds or a combination of TANF and WIA funds, these boards contract with community-based organizations, faith-based organizations and educational entities to broaden the reach of programs that carry the message of all aspects of this purpose—from abstinence to better parenting skills.

The following programs, while focusing on education and training or maintaining children in their own homes, also include elements of 3 and 4.

8. Programs Directed Toward the Fourth Purpose of the TANF Program

Encourage the formation and maintenance of two-parent families.

1. Two Parent Program: In order to encourage two parent families to participate in the welfare transition program, Florida removed the restrictions and complex eligibility criteria that had often served as barriers to participation in the former JOBS Program. Two parent families currently must meet only the same eligibility criteria as single parent families, and their participation requirements match federal law.

The additional income provided as a result of both parents participating in the program and the potential for increased earning power of both parents upon leaving the program for unsubsidized employment will alleviate the most acute financial strain and help to maintain the intact family.

2. Noncustodial Parents: (Specialized Programs are described above on p.53.) Over half of noncustodial parents (primarily fathers) in Florida do not pay court-ordered child support consistently, in full or at all. While parents may live apart, it is important that each contributes toward the child(ren)’s well-being and financial needs. Florida has made provision of noncustodial parents to participate in job training programs in order to improve their employability and income potential.

Authorizing Statute: 414.065 (5) WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS--

(a) The court may order a noncustodial parent who is delinquent in child support payments to participate in work activities under this chapter so that the parent may obtain employment and fulfill the obligation to provide support payments. A noncustodial parent who fails to satisfactorily engage in court-ordered work activities may be held in contempt.

(b) The court may order a noncustodial parent to participate in work activities under this chapter if the child of the noncustodial parent has been placed with a relative, in an emergency shelter, in foster care, or in other substitute care, and:

1. The case plan requires the noncustodial parent to participate
in work activities; or

2. The noncustodial parent would be eligible to participate in work activities and subject to work activity requirements if the child were living with the parent.

If a noncustodial parent fails to comply with the case plan, the noncustodial parent may be removed from program participation.

3. Commission of Marriage and Family Support Initiatives.

383.0115  The Commission on Marriage and Family Support Initiatives.--

(1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature finds that:

(a)  Families in this state deserve respect and support. Children need support and guidance from both mothers and fathers, and families need support and guidance from community systems to help them thrive.
(b)  There are many problems facing families.
(c)  Florida is a state rich in diversity, and its population and families come from all over the world, representing many cultures, languages, belief systems, and experiences.
(d)  While some relationships between mothers and fathers are broken and beyond repair, others can be nurtured and salvaged with the provision of appropriate community supports to fathers as well as mothers. For parents, these supports may include opportunities to obtain or increase educational levels and employment skills, access to the justice system, support from community agencies to help them become free of substance abuse and violent relationships, and easy and affordable access to relationship-skills education. For some unwed parents, it will be possible and desirable to help them move towards marriage; for others, the optimum goal may be to help them coparent, spend time with their child, and pay child support regularly.
(e)  Assisting states to end dependence of low-income parents by promoting job preparation, work, and marriage and assisting states in encouraging the formation and maintenance of two-parent families are the two of four stated purposes of federal welfare reform enacted in 1996 which have been largely neglected by states and for which states are now urging Congress to designate 10 percent of all welfare funds, specifically for relationship education and skills development, responsible fatherhood programs, and community support as it seeks to reauthorize the Temporary Assistance for Needy Families Act in 2002.
(f)  Public policy should not operate to force people to get married, should not withdraw or diminish benefits to single mothers merely because they are not married, and should not keep people in abusive relationships.

It is therefore the intent of the Legislature to build on the accomplishments of the Commission on Responsible Fatherhood, which has achieved recognition as a national model of a comprehensive statewide strategy to address fatherhood issues; to increase public awareness of the problems of families, including failing marriages, violence, poverty, substance abuse, lack of access to community systems and supports that families need; and to continue to develop sound public policy related to parenting, marriage, and the effects of poverty, violence, and abuse on children and their families through the work of the Commission on Marriage and Family Support Initiatives. The Legislature further intends that, to the extent practicable, the laws of this state should do all that is possible to provide support for children and encourage, promote, and value strong, safe, long-term marriages and family life that includes grandparents, family members, community support, and all that children need to grow up healthy and to thrive.

(2)  ESTABLISHMENT OF COMMISSION.--

(a)  There is created within the Department of Children and Family Services, for administrative purposes, a commission, as defined in s. 20.03(10), called the Commission on Marriage and Family Support Initiatives. The commission is independent of the head of the department. The commission is authorized to hire an executive director, a researcher, and an administrative assistant. The executive director shall report to, and serve at the pleasure of, the commission.
(b)  The commission shall consist of 18 members. The commission shall consist of members from the public sector and the private sector, including community and faith-based organizations, but at least 50 percent of the commissioners shall be from the private sector. Commissioners should have experience in one or more of the following areas: business; workforce development; education; health care; treatment of substance abuse; child development; and domestic violence prevention. For the initial appointments, the Governor, the President of the Senate, and the Speaker of the House of Representatives shall consider making appointments from the current members of the Commission on Responsible Fatherhood.
(c)  The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint six members to the commission. Initial appointments shall be made by August 1, 2003. Each commissioner shall serve a 2-year term, except that for the initial appointments to the commission, the Governor, the President of the Senate and the Speaker of the House of Representatives shall each appoint two members for a term of 3 years, two members for a term of 2 years, and two members for a term of 1 year. A vacancy shall be filled by appointment by the original appointing authority for the unexpired portion of the term.
(d)  The first meeting of the commission shall be no later than October 1, 2003. Commissioners shall elect a chair at the first meeting by a majority vote of the members present, a quorum being present. A majority of the membership constitutes a quorum.
(e)  A quorum shall be required for the commission to meet and to conduct business. The commission shall meet semiannually and more frequently upon call of the chair. The commission may conduct its meetings through teleconferences or other similar means.
(f)  Commissioners are not entitled to compensation for their services as members, but may be reimbursed for per diem and travel expenses as provided in s. 112.061.

(3)  SCOPE OF ACTIVITY.--The commission shall:

(a)  Develop the following documents by October 1, 2004, and, upon their completion, submit a copy to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the secretary of the department:
1.  A report that details comprehensive statewide strategies for Florida to promote safe, violence-free, substance-abuse-free, respectful, nurturing, and responsible parenting, including connection or reconnection of responsible parents, both mothers and fathers, with their families and children;
2.  A report that makes recommendations on how to increase the availability of and access to parenting and relationship skills education and training, and to encourage and support the formation and maintenance of two-parent families and family structures that are best for the children. This shall include providing a plan for delivering services and supports to couples and families to help them learn communication and conflict-resolution skills prior to marriage, enable couples to refresh those skills periodically during marriage and, if the marriage fails, provide divorce education, safety planning, and mediation techniques that teach parents how to be safe and to work through their problems and how to minimize the impact of the divorce on their children; and
3.  A promising practices manual or tool that highlights successful efforts at promoting marriage and Florida families and family life.

(b)  Develop a community awareness campaign to promote community collaboration and coordinated grassroots programs that show how people, advocates, and agencies can work together to promote marriage in Florida families.

(c)  Serve as a clearinghouse for collecting and disseminating information related to research findings on poverty, violence, and other social forces and their effects on families and innovative approaches to the delivery of services necessary for the formation and maintenance of strong families.

(d)  By December 31 of each year, beginning December 31, 2003, issue an annual report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court on progress it is making on its responsibilities.

(4)  COORDINATION.--The commission shall coordinate its work with community-based organizations, including those that are faith-based; with schools, courts, certified local domestic violence centers, adult and juvenile criminal justice systems, and agencies providing social welfare, welfare transition, and child support services; and with any appropriate research and policy development centers, including, but not limited to, those within universities that focus on issues related to families, fatherhood, motherhood, low-income families, marriages, children and poverty, scientific methods to determine paternity for the purpose of addressing support issues, parenting, and relationship skills.

(5)  FUNDING.--The operation of the Commission on Marriage and Family Support Initiatives shall be funded from general revenue funds currently allocated to the Commission on Responsible Fatherhood, shall maintain the current connection with the Ounce of Prevention Fund, and shall support and continue any community-based programs established by the Commission on Responsible Fatherhood. The Commission on Marriage and Family Support Initiatives may seek and accept grants or funds from any public source, federal, state, or local, to supplement its operation and defray the expenses incurred in the operation and implementation of this section.

(6)  This section is repealed on June 30, 2008, unless reviewed and saved from repeal through reenactment by the Legislature.

Building Strong Families Initiatives

Program Description

• Program Purpose: The purpose of this initiative is to incorporate Building Strong Families (BSF), a relationship/marriage support component, into the core Healthy Families Florida (HFF) model. The Building Strong Families project, managed by Mathematica Policy Research, Inc., is designed to help interested unmarried parents improve their relationships for the well-being of children, which may in some families be through marriage, but in all cases will help to build healthy relationships between parents. The BSF model complements the existing Healthy Families program in that it is voluntary, directed toward unmarried parents and couples and emphasizes that services begin in the prenatal period or soon after the birth of a child.

• Eligibility Criteria:

Eligibility criteria are based upon national research that identifies the population most likely to benefit from these services:

• Family scores 13 or more on the Healthy Families Assessment Tool;
• Both members of the couple are single or have married during the pregnancy that brought them into the HFF program;
• Both are 18 or older;
• Couple is expecting a baby or has a child up to three months of age;
• Must be biological parents of the child;
• Couple is in a romantic relationship with each other and is interested in continuing their relationship.
• Restrictions on the amount, duration, or frequency of payments: This program is a service initiative; no payments are made.
• Major Activities:

There are four core BSF program elements: relationship and marriage skills education, family support services, individual couple support and strategies for reducing marriage disincentives.

• Number Served: Florida’s program has been selected as one of six programs throughout the country to participate in the evaluation to determine BSF’s impacts and to identify effective strategies for delivering Relationship/Marriage services. The evaluation will last 5 years, with 1,500 families being recruited to participate. 750 families will serve as the control group and receive Healthy Families core services only; 750 families will receive enhanced relationship/marriage services.

• Referral Mechanism to other programs that might help the client make the transition from welfare to work: If a family is not eligible for Healthy Families, but is in need of services, they are referred to other local resources. In addition, referrals are made to medical care, mental health, substance abuse, domestic violence, child care, food stamps, Medicaid service providers.

The Marriage and Relationship Remediation, Instruction and General Education (MARRIAGE)

Program Description

• Program Purpose: The purpose of this pilot program is to provide marriage and relationship skills education to incarcerated inmates through an interagency agreement between the Department of Children and Families and the Department of Corrections.

• Eligibility Criteria:

The program will be offered to inmates who are married, engaged, or desire to be married one day.

• Restriction on the amount, frequency, or duration of payments: This is an educational program; no payments are involved.

• Major Activities:

The classes will provide practical information to inmates in the area of developing more meaningful relationships with members of the opposite sex and family during authorized visitation while incarcerated and after release from prison.

• Number Served: This is a pilot project that is being initiated in the northwest, panhandle region of Florida (Region 1). Plans are to replicate the program in all department regions.

• Referral Mechanism to other programs that might help the client make the transition from welfare to work: NA at this time.

4. Adoption Subsidies and Services: The department recruits families to adopt special needs children and provides the family with a financial subsidy to assist with its maintenance. In addition the department encourages participation in support groups and makes available specialized family counseling to assist these families to deal with stressful situations before, during and after the adoption takes place.

5. Educational Requirements for a Florida High School Diploma: While this initiative is not directly related to TANF, it serves to reiterate the fact that Florida is very interested in the formation of two parent families. The Florida legislature passed the following provision that applies to every graduating student.

232.246 (1) (i) F.S. General requirements for high school graduation. Graduation
requires successful completion of either a minimum of 24 academic credits in grades 9 through 12 or an International Baccalaureate curriculum. The 24 credits shall be distributed as follows… (i)…one-half credit in life management skills to include…marriage and relationship skill-based education….

9. Estimate of the Total Number of Individuals Who Have participated in Subsidized Employment Under Section 261.30(b) or (c).

Number Participating in Subsidized Employment Any Time During the Month

TOTAL = 1,144

Unduplicated Total number of Participants for October 1, 2003 through September 30, 2004 = 1,066

ATTACHMENT B

Annual Report on State Maintenance-of-Effort Programs: Form ACF-204

State: Florida      Fiscal Year: 2003-2004

Date Submitted: December 17, 2004

Provide the following information for EACH PROGRAM (according to the nature of the benefit or service provided) for which the State claims MOE expenditures. Complete and submit this report in accordance with the attached instructions.

1. Name of Benefit or Service Program

TANF Temporary Cash Assistance (TCA)

Authorization: 414.045 F. S.

2. Description of the Major Program Benefits, Services, and Activities:

This program provides cash payments, vouchers, and other forms of benefits designed to meet a family’s ongoing basic needs (food, shelter, clothing, utilities, household goods, personal care items, and general incidental expenses) and administrative costs related to providing assistance to those families.

The Temporary Cash Assistance Program has the following major elements:

•For families where children are living with one or two parents, the primary emphasis is on work or training to enable the parent to move toward self-sufficiency. The work and training activities are part of the state’s comprehensive workforce development program that operates under Workforce Florida, Inc. Workforce Florida, Inc. operates as the policy-making board of directors for the program and the Agency for Workforce Administration is the administrative agency which carries out the policies of Workforce Florida, Inc. Services are provided to TANF-eligible participants through 24 Regional Workforce Boards. The Department of Children and Families determines eligibility for Temporary Cash Assistance. The receipt of Temporary Cash Assistance is subject to time limits and participation in a work activity or training.

•Some children are living in families where there is no parent who is able to participate in work activities. These families include children being raised by grandparents or other relatives and families where the only parent (or both parents) is disabled and receiving federal Supplemental Security Income (SSI) payments. Children in these families receive “child-only” cash assistance payments that are not subject to time limits or work requirements. For children living with grandparents or other relatives who have been determined by the court to be at risk of abuse or neglect, the Relative Caregiver Program provides cash assistance and support services. Eligibility for the Relative Caregiver Program or other cash assistance programs for ‘child-only” families is determined by the Department of Children and Families.

3. Purpose(s) of Benefit or Service Program:

This program is directed toward TANF Purpose One (To provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives), and Purpose Two (To end the dependence of needy families on government benefits by promoting job preparation, work, and marriage).

4. Program Type. (Check one)

__X_ This Program is operated under the TANF program.

_____ This Program is a separate State program.

5. Description of Work Activities (Complete only if this program is a separate State program):

6. Total State Expenditures for the Program for the Fiscal Year: $ 210,892,963

7. Total State MOE Expenditures under the Program for the Fiscal Year: $ 210,892,963

8. Total Number of Families Served under the Program with MOE Funds: 138,311
(Includes two-parent families as well)

This last figure represents (check one):

_____ The average monthly total for the fiscal year.

__X_ The total served over the fiscal year.

9. Financial Eligibility Criteria for Receiving MOE-funded Program Benefits or Services:

In order to receive Temporary Cash Assistance applicants must meet the TANF eligibility standards for assistance dealing with income (participation in the Temporary Cash Assistance Program is limited to those families whose gross family income is equal to or less than 185 percent of the federal poverty level, subject to certain exclusions) and resources (the maximum allowable resources, including liquid and nonliquid resources subject to certain exclusions, of all members of the family, may not exceed $2,000). Additional eligibility requirements are: be a citizen of the United States, or a qualified noncitizen; be a legal resident of the state of Florida; have or apply for a social security card; have a minor child residing in the home. For additional information concerning eligibility, please see Florida’s TANF State Plan.

10. Prior Program Authorization: Was this program authorized and allowable under prior law? (check one)

Yes _X_ No_____

11. Total Program Expenditures in FY 1995: _________________________
(NOTE: provide only if response on question 10 is No)

This certifies that all families for which the State claims MOE expenditures for the fiscal year meet the State's criteria for "eligible families."

SIGNATURE: ___________________________

NAME: Otto B. Hough

TITLE: Comptroller

DATE: December 17, 2004

Approved OMB No. 0970-0199 Form ACF204, expires 6/30/2002.

Annual Report on State Maintenance-of-Effort Programs: Form ACF-204

State: Florida      Fiscal Year: 2003-2004

Date Submitted: December 17,2004

Provide the following information for EACH PROGRAM (according to the nature of the benefit or service provided) for which the State claims MOE expenditures. Complete and submit this report in accordance with the attached instructions.

1. Name of Benefit or Service Program

Two-Parent Family Program

Authorization: 414.045 F. S.

2. Description of the Major Program Benefits, Services, and Activities:

Families containing two parents receive the same benefits and services and are subject to the same eligibility criteria, work activity requirements and time limits as one-parent families. The MOE total includes administrative costs related to providing cash assistance to two-parent families.

3. Purpose(s) of Benefit or Service Program:

The purpose of this program is the same as the purpose of the Temporary Cash Assistance Program and the Work Activities Program. This program is directed toward TANF Purpose Number Two: End the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; and TANF Purpose Number Four: To encourage the formation and maintenance of two-parent families.

4. Program Type. (Check one)

____ This Program is operated under the TANF program.

_X_ This Program is a separate State program.

5. Description of Work Activities (Complete only if this program is a separate State program):

The work activity requirements for this program are the same as those for single-parent families.

6. Total State Expenditures for the Program for the Fiscal Year: $17,040,833

7. Total State MOE Expenditures under the Program for the Fiscal Year: $17,040,833

8. Total Number of Families Served under the Program with MOE Funds 8,463

This last figure represents (check one):

____ The average monthly total for the fiscal year.

_X__ The total served over the fiscal year.

9. Financial Eligibility Criteria for Receiving MOE-funded Program Benefits or Services:

Eligibility for this program is the same as the eligibility for the Temporary Cash Assistance Program for one-parent families.

10. Prior Program Authorization: Was this program authorized and allowable under prior law (i.e. as defined at §260.30)? (check one)

Yes _X_ No_____

11. Total Program Expenditures in FY 1995: _________________________
(NOTE: provide only if response on question 10 is No)

This certifies that all families for which the State claims MOE expenditures for the fiscal year meet the State's criteria for "eligible families."

SIGNATURE: __________________________________________

NAME: Otto B. Hough

TITLE: Comptroller

DATE: December 17, 2004

Approved OMB No. 0970-0199 Form ACF204, expires 6/30/2002.

Annual Report on State Maintenance-of-Effort Programs: Form ACF-204

State: Florida      Fiscal Year: 2003-2004

Date Submitted: December 17, 2004

Provide the following information for EACH PROGRAM (according to the nature of the benefit or service provided) for which the State claims MOE expenditures. Complete and submit this report in accordance with the attached instructions.

1. Name of Benefit or Service Program

School Readiness

Authorization: 411.01 F. S.

2. Description of the Major Program Benefits, Services, and Activities:

This program provides child care to children who are at risk of abuse and/or neglect and who come from low income families. It is designed to enhance cognitive and motor skills that will assist the program-eligible children to be better prepared to enter school, while at the same time, providing parents with counseling and workforce training that will ultimately result in economic self-sufficiency. The program seeks to provide extended-day and extended-year services to the maximum extent possible to meet the needs of parents who work or participate in work activities.

3. Purpose(s) of Benefit or Service Program:

The purpose of this program is to ensure that children at risk of abuse and/or neglect and who come from low-income families receive an opportunity to learn skills needed to succeed in school and provide the parents with workforce related training and/or family counseling. This program is directed toward TANF Purpose Number One: Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; and TANF Purpose Number Two: End the dependence of needy parents on government benefits by promoting job preparation, work, and marriage.

4. Program Type. (Check one)

_X_ This Program is operated under the TANF program.

____ This Program is a separate State program.

5. Description of Work Activities (Complete only if this program is a separate State program):

6. Total State Expenditures for the Program for the Fiscal Year: $ 121,517,273

7. Total State MOE Expenditures under the Program for the Fiscal Year: $121,517,273

8. Total Number of Families Served under the Program with MOE Funds: 37, 843

This last figure represents (check one):

____ The average monthly total for the fiscal year.

_X_ The total served over the fiscal year.

9. Financial Eligibility Criteria for Receiving MOE-funded Program Benefits or Services:

The School Readiness Program is defined in Chapter 4ll.01, Florida Statutes and provides the services for:

(1) Children under the age of kindergarten eligibility who are determined to be:

•At risk of welfare dependency, including economically disadvantaged children, children of participants in the Welfare Transition Program, children of migrant farmworkers, and children of teen parents.

• From working families whose family income does not exceed 150 percent of the federal poverty level.

(3) Children from birth to 4 years of age who are economically disadvantaged, have disabilities, or, are at risk of future school failure, that are served at home through home visitor programs and intensive parent education programs. An economically disadvantaged child means a child whose family income is below 150 percent of the federal poverty level.

Additionally, Chapter 445.023 F. S. establishes eligibility for economically disadvantaged children between the ages of 13 and 17 years inclusive, who are the dependent children of TANF-eligible adults and who are considered to be children with special needs for whom care is needed for the parent to accept or continue employment or otherwise participate in TANF-funded work activities. Implementation of this part of the program is subject to appropriation of funds for this purpose.

10. Prior Program Authorization: Was this program authorized and allowable under prior law? (check one)

Yes _X_ No_____
11. Total Program Expenditures in FY 1995:
(NOTE: provide only if response on question 10 is No)

This certifies that all families for which the State claims MOE expenditures for the fiscal year meet the State's criteria for "eligible families."

SIGNATURE: _________________________________________

NAME: Otto B. Hough

TITLE: Comptroller

DATE: December 17, 2004

Approved OMB No. 0970-0199 Form ACF-204, expires 6/30/2002.

Annual Report on State Maintenance-of-Effort Programs: Form ACF-204

State: Florida      Fiscal Year: 2003-2004

Date Submitted: December 17, 2004

Provide the following information for EACH PROGRAM (according to the nature of the benefit or service provided) for which the State claims MOE expenditures. Complete and submit this report in accordance with the attached instructions.

1. Name of Benefit or Service Program

Family Builders

Authorization: 445.020 F.S. or 445.018 F. S.

2. Description of the Major Program Benefits, Services, and Activities:

Family Builder services are designed to provide certain measures of safety and care for the entire family through intensive in-home services. The program (1) provides support to families in order to alleviate crises that might otherwise lead to out of home placement of children; to maintain the safety of children in their own homes; to support families preparing to reunify or adopt; and to assist families in obtaining services and other supports necessary to address their multiple needs, (2) provides in-home intervention for families to prevent the recurrence of abuse and neglect, which would result in the removal of children from their home, and (3) provides assessments, family preservation plans, parent education, role modeling case management advocacy for families and teaching techniques to improve the environment, including improvement of communication skills through an in-home service model of moderate duration, not to exceed 90 days, or 120 days if an extension has been granted.

3. Purpose(s) of Benefit or Service Program:

The purpose of this program is to provide certain measures of safety and care for the entire family, and to prevent the out of home placement of children. This program is directed toward TANF Purpose One: Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives and also toward Purpose Four: Encourage the formation and maintenance of two-parent families.

4. Program Type. (Check one)

__X_ This Program is operated under the TANF program.

_____ This Program is a separate State program.

5. Description of Work Activities (Complete only if this program is a separate State program):

6. Total State Expenditures for the Program for the Fiscal Year: $ 18,292,607

7. Total State MOE Expenditures under the Program for the Fiscal Year: $ 18,292,607

8. Total Number of Families Served under the Program with MOE Funds: 19,734

This last figure represents (check one):

____ The average monthly total for the fiscal year.

_X_ The total served over the fiscal year.

9. Financial Eligibility Criteria for Receiving MOE-funded Program Benefits or Services:

To receive services participants must meet the TANF services eligibility standards:

The family receives temporary cash assistance, relative caregiver payments, food stamps, or the children in the family are eligible for Medicaid, or

The family receiving services includes a parent or relative caring for one or more children under 19 years of age; or a pregnant woman; or a non-custodial parent of a child under 19 years of age, and the services are for the benefit of a family member who is a citizen of the United States, or a non-citizen who meets the TANF-eligibility citizen criteria, and

The services are being provided for TANF purposes 3 or 4, or

The services are being provided for TANF purposes 1or 2 and the family income is less than 200 Percent of the federal poverty level.

In addition, (1) at least one child must be in immediate danger of placement
outside the home due to abuse or neglect, or (2) a child is in a subsidized
adoption placement and that placement is in jeopardy of being disrupted, (3)
the primary caretaker and other family members must be willing to cooperate
with and voluntarily participate in the program, and (4) there must be evidence
that the activity is necessary to prevent the removal of the child from the home
or to stabilize the child’s placement with parents or relative caregivers.

10. Prior Program Authorization: Was this program authorized and allowable under prior law? (check one)

Yes _X_ No____

11. Total Program Expenditures in FY 1995: _________________________
(NOTE: provide only if response on question 10 is No)

This certifies that all families for which the State claims MOE expenditures for the fiscal year meet the State's criteria for "eligible families."

SIGNATURE: _____________________________________________

NAME: Otto B. Hough

TITLE: Comptroller

DATE: December 17, 2004

Approved OMB No. 0970-0199 Form ACF-204, expires 6/30/2002.

Annual Report on State Maintenance-of-Effort Programs: Form ACF-204

State: Florida      Fiscal Year: 2003-2004
Date Submitted: December 17, 2004

Provide the following information for EACH PROGRAM (according to the nature of the benefit or service provided) for which the State claims MOE expenditures. Complete and submit this report in accordance with the attached instructions.

1. Name of Benefit or Service Program

Emergency Financial Assistance for Housing Program

Authority: 414.16 F. S.

2. Description of the Major Program Benefits, Services, and Activities:

Assistance is provided to eligible low-income families who are totally homeless or are about to become homeless because of unemployment, loss of income, personal or family crisis, or the shortage of low income housing facilities. The program provides one-time payments of up to $400 per family.

3. Purpose(s) of Benefit or Service Program:

The purpose of this program is to prevent family displacement, breakdown or hardship due to homelessness, or the immediate threat thereof. This program is related to TANF Purpose One: To provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives.

4. Program Type. (Check one)

_X_ This Program is operated under the TANF program.

____ This Program is a separate State program.

5. Description of Work Activities (Complete only if this program is a separate State program):
.
6. Total State Expenditures for the Program for the Fiscal Year: $788,883_______

7. Total State MOE Expenditures under the Program for the Fiscal Year:
$ 788,833

8. Total Number of Families Served under the Program with MOE Funds: 3,508

This last figure represents (check one):

____ The average monthly total for the fiscal year.

__X_ The Total served over the fiscal year.

9. Financial Eligibility Criteria for Receiving MOE-funded Program Benefits or Services:

To receive services participants must meet the TANF services eligibility standards:

1) The family receives temporary cash assistance, relative caregiver payments, food stamps, or the children in the family are eligible for Medicaid, or

2) The family receiving services includes a parent or relative caring for one or more children under 19 years of age; or a pregnant woman; or a non-custodial parent of a child under 19 years of age, and the services are for the benefit of a family member who is a citizen of the United States, or a non-citizen who meets the TANF-eligibility citizen criteria, and

The services are being provided for TANF purposes 1or 2 and the family income is less than 200 Percent of the federal poverty level.

10. Prior Program Authorization: Was this program authorized and allowable under prior law? (check one)

Yes _X_ No____

11. Total Program Expenditures in FY 1995: _________________________
(NOTE: provide only if response on question 10 is No)

This certifies that all families for which the State claims MOE expenditures for the fiscal year meet the State's criteria for "eligible families."

SIGNATURE: ___________________________________________

NAME: Otto B. Hough

TITLE: Comptroller

DATE: December 17, 2004

Approved OMB No. 0970-0199 Form ACF204, expires 6/30/2002.

Appendix 1. Grievance/Complaint and Hearing/Appeal Procedures

Date of Issue: April 12, 2001
Office of Issue: WPDG 00-004
Reference:
WFI/AWI and RWB Grievance/Complaint and Hearing/Appeal Procedures

FINAL GUIDANCE
GRIEVANCE/COMPLAINT AND HEARING/APPEAL PROCEDURES UNDER THE WORKFORCE INVESTMENT ACT (WIA), WELFARE TRANSITION (WT/TANF), WELFARE TO WORK (WtW), AND WAGNER-PEYSER (WP) PROGRAMS

OF INTEREST TO:
Workforce Florida, Inc., All Regional Workforce Boards (RWBS), and Other entities engaged in implementing Workforce programs under the Workforce Investment Act (WIA), Welfare Transition Program (WT/TANF), Welfare-to-Work (WtW) Grant Program, and the Wagner-Peyser Program

SUBJECT:
Workforce Programs’ Grievance/Complaint and Hearing/Appeal Procedures

EFFECTIVE DATE:
Upon Issuance

A. WIA, WT (TANF), AND WtW GRIEVANCE/ COMPLAINT AND HEARING/APPEAL PROCEDURES

Background - Underlying State/Federal Policy

The Workforce Investment Act (WIA), Welfare Transition (WT)/TANF Program, and the Welfare-to-Work (WtW) Grant Program require the State, the local areas, and direct recipient of program funds to establish and maintain grievance/complaint and hearing/appeal procedures for handling program related complaints. The grievance/complaint requirements may vary from program to program.

To simplify instructions and to have a unified format, the following grievance/complaint and hearing/appeal procedures will be essentially the same for WIA, WtW, and WT/TANF workforce programs.

I. Regional Workforce System Original Grievance/Complaint and Hearing/Appeal Process

a. Filing Grievance/Complaint at the Local Level

1. Any participant or other interested party adversely affected by a decision or action by the local workforce system, including decisions by One-Stop partners and service providers, has the right to file a grievance/complaint with the RWB.

2. WT/TANF work activity and support services grievances/complaints shall be filed with the local RWB (work activity and support services are defined in Chapters 414 and 445, F.S.). Pursuant to 45 CFR 261.56 (c) (2) the local RWB will provide the fair hearing regarding non-compliance with work requirements. TANF cash assistance eligibility or benefit entitlement grievances/complaints shall be filed with the local Department of Children and Families (DCF) office, the cognizant agency responsible for administering this part of TANF (20 CFR 662.280).

3. Grievance/complaints shall be filed at the State level only when based upon actions or decisions made by the State recipient or administrative entity. Any grievance/complaint filed with an inappropriate entity will be forwarded to the proper entity/agency for action. The entity’s/Agency’s Sixty (60) day timeframe to handle the grievance will start upon receipt of grievance/complaint.

4. A grievance may be filed by regular employees regarding displacement by a WIA, WT (TANF), or WtW program participant and by program participants regarding displacement. Displacement action prohibitions and available relief specifications are described in WIA (20 CFR 667.279), TANF (45 CFR 261.270), and WtW (20 CFR 645.265).

5. WtW participants in work activities may file grievances regarding health and safety violations and gender discrimination complaints.

The filing of all other grievances/complaints alleging discrimination, employment, and health and safety violations shall be filed as described in Section I b., Process for Filing a Grievance/Complaint With RWB.

All local workforce grievances/complaints shall be filed with the relevant RWB using their established procedures. The exception to this is: Job Corps grievances/complaints that are processed according to requirements of 20 CFR 670.990.

The chart below includes WIA, WT (TANF), and WtW grievances/ complaints or hearing/appeal actions that may be filed with the regional workforce board, Agency for Workforce Innovation (AWI) acting as the administrative entity for the State Board, or U. S. Department Of Labor (USDOL).

WIA, WT (TANF), AND WtW HEARING/APPEALS CHART

As specified in Rule 65A-4.205, the DCF has delegated to the RWB the responsibility for WT/TANF work activity non-compliance determinations. This rule is incorporated herein by reference. A copy of any rule referenced in this paper may be obtained from the Office of the General Counsel, 1320 Executive Center Circle Drive, Suite 300, Atkins Building, Tallahassee, Florida 32300-0667.

Additionally, in the TANF State Plan (October 2000), DCF has assigned to WFI/AWI the responsibility for providing a grievance process for WT participant’s to use when filing grievances related to the following: service delivery of TANF-funded work activities, Alternative Plan Requirements, support services, diversion programs, and other workforce functions provided in the Workforce Innovation Act of 2000, Chapter 2000-165, Laws of Florida.

b. Process for Filing a Grievance/Complaint With RWB

Under WIA, WT (TANF), and WtW, One-Stop partners, service providers, participants, and other interested parties affected by the local Workforce/One-Stop System have the right to file a grievance/complaint.

These grievances/complaints shall be filed at the local level using the procedures established by the individual regional Workforce Board (RWB).

The RWB shall receive, review, and attempt to informally resolve the initial WIA, WT/TANF, and WtW grievance/complaint. If the grievance/complaint cannot be resolved informally, then a hearing shall be held and a decision issued within the required sixty (60) calendar days from receipt of complaint/grievance.

Discrimination, employment, and health and safety complaints/alleged violations may be forwarded to the Agency for Workforce Innovation (AWI), Office of General Counsel, 1320 Executive Center Drive, 300 Atkins Building, Tallahassee, Florida 32399-6511 or may be mailed directly to the appropriate federal agency as allowed by federal regulation. (See last page of Section C for federal agency addresses.) A copy of the complaint/alleged violation report shall also be mailed to AWI at the above address.

c. Grievance/Complaint Review and Hearing Process at Local Level

After the RWB has received and reviewed the complaint, they shall designate a Hearing Officer, schedule a hearing, and notify the grievant/complainant by certified mail, return receipt, at a minimum of fifteen (15) calendar days prior to the hearing. The hearing notice shall advise the following:

• the date, time, and place of the hearing;
• the pertinent sections of the WIA, WT (TANF), and WtW, or any other federal regulations involved;
• affected parties may present witnesses or documentary evidence at the hearing;
• affected parties may be represented at the hearing by an attorney or other representative; and
• the parties will receive the RWB decision within sixty (60) calendar days from receipt of the grievance or complaint.

The hearing should be conducted according to the procedures established by the individual RWB. However, a complainant who alleges a labor standard violation may submit the complaint for binding arbitration if the collective bargaining agreement covers the parties involved.

If the RWB has: 1) conducted a hearing but the grievant/complainant is dissatisfied with or has been adversely affected by the Hearing Officer’s decision; 2) not conducted a hearing within the sixty (60) calendar days from receipt of the grievance/complaint; or 3) conducted the hearing but has not issued a decision within the mandated sixty (60) calendar day timeframe, then the grievant/complainant may file an appeal with the Agency for Workforce Innovation (AWI).

d. Process for Filing an Appeal of RWB Decision or Lack of Action

The appeal should be concise (if possible, not to exceed five pages which does not include exhibits and attachments) and shall be sent by certified mail, return receipt to the AWI Office of General Counsel, 1320 Executive Center Drive, 300 Atkins Building, Tallahassee, Florida 32399-6511.

The appeal request shall state the facts, laws, procedures, etc. that the grievant/complainant believes to be relevant for review. The appeal must be filed with AWI within thirty (30) calendar days of receipt of the RWB Hearing Officer’s decision or within thirty (30) calendar days after the required 60 calendar day timeframe for the RWB to act has elapsed.

The request shall include the grievant’s/complainant’s address where official notices will be mailed.

The state can remand the grievance/complaint back to the RWB to hold a hearing or impose other remedies to resolve the grievance/complaint.

II. State Level Original Grievance/Complaint and Hearing/Appeal Process for WIA, WT (TANF), and WtW Programs

Any individual or entity, including the RWB, adversely affected by a decision or action of the State Workforce System or administrative entity may file a grievance/complaint with the State Administrative Agency. The grievance/complaint shall be filed with Agency for Workforce Innovation, Office of General Counsel, 1320 Executive Center Drive, 300 Atkins Building, Tallahassee, Florida 32399-6511.

At the state administrative entity level, the agency head or his/her designee is the presiding officer and shall conduct all hearings of original state level complaints.

a. Grievance/Complaint Review and Hearing Process at State Level

The state administrative entity will hear initial complaints or grievances regarding actions taken or decisions made by the state administrative agency. Upon receipt, the state shall review and attempt to informally resolve the WIA, WT/(TANF), and WtW grievance/complaint. The agency head or his/her designee will review the grievance/complaint and contact the grievant/complainant within five (5) working days of receipt of complaint. The Agency Head or designee shall contact the parties and proceed with the informal resolution process.

If the State cannot resolve the grievance/complaint informally, then the Agency Head or designee will act as Presiding Officer and hear the grievance/ complaint.

The hearing notice shall advise the following:
• the date, time, and place of the hearing;

• the pertinent sections of the WIA, WT (TANF), and WtW, or any other federal regulations involved;

• affected parties may present witnesses or documentary evidence at the hearing;

• affected parties may be represented at the hearing by an attorney or other representative; and

• the parties will receive the decision within sixty (60) calendar days from receipt of the grievance or complaint.

The hearing shall be conducted in compliance with rules of procedure as contained in Chapter 28-106, Parts I, II, and III, Florida Administrative Code, incorporated herein by reference. The Presiding Officer will schedule a hearing, complete the hearing, and issue a decision within the required sixty (60) calendar days of receipt of complaint/grievance.

Individuals with a disability needing special accommodations shall call the State Administrative Entity Process Manager at (850) 488-7228 at a minimum of five (5) working days prior to the hearing and indicate what special accommodations are needed in order to participate in the hearing.

b. Remedies

1. The remedies that may be imposed under WtW complaints relating to displacement, health and safety, and gender discrimination and WIA grievances/complaints shall be limited to:

a. suspension or termination of payments under WIA;
b. prohibition of placement of participant with an employer that has violated any requirement under WIA or, where applicable (20 CFR 645.255 (d);
c. reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment, where applicable;

2. Other WIA, WT/TANF, and WtW grievance/complaint remedies including other equitable relief to be imposed as appropriate.

c. Appeal Review of RWB Hearing Officer’s Decision

This section shall apply to appeals of RWB decisions filed with the state administrative entity.

Within five (5) working days of receipt of appeal notice, the AWI agency head or his/her designee shall notify each party that an appeal has been filed. Each party shall be given fifteen (15) calendar days from the date of the notice to submit written argument and provide supporting documentation. Only unaltered, verbatim transcripts of the original hearing evidence and other proof introduced at the initial hearing will be considered for purposes of the appeal.

The party submitting the transcript, must bear all expenses of the transcription and deliver a copy of the transcript to the agency head and the opposing party. If a stenographer authorized to administer oaths has not recorded the proceedings and prepared the transcript, an exact copy of the tape recording, video, or other recording must also be delivered to the agency head and the parties, along with the transcript. The party submitting the transcript and the recording must include a certification that the transcript is verbatim and the recording is of the entire proceeding and has not been altered. The agency head will not consider a transcript when the foregoing procedure has not been followed.

The agency head or his/her designee shall issue a decision within sixty (60) calendar days of receipt of the appeal request.

d. Appeal of State Decision/Final Order

A grievant/complainant may file an appeal of the state decision/final order if the grievant/complainant is dissatisfied with or has been adversely affected by the state Hearing Officer’s decision; or the state has not conducted a hearing; or the state has conducted the hearing, but has not issued a decision within the mandated sixty (60) calendar day timeframe. The appeal must be filed within thirty (30) calendar days of receipt of the state’s decision; or after the mandated sixty (60) calendar days has elapsed for the state to have issued a decision. The appeal shall be filed with the following agency/entity:

•WIA appeals of state decisions may be filed with the USDOL using the Federal Level Appeal Procedures included in the next section.

• WtW appeals may be filed with the State of Florida, Division of Administrative Hearings, 1230 Apalachee Parkway, Desoto Building, Tallahassee, Florida 32399-3060.

* TANF work activity and support services appeals may be filed according to Rules of Appellate Procedure, Rules 9.110 and 9.190 (b) (See next section).

e. Judicial Review of Final Orders

The final order issued by the Agency for Workforce Innovation’s Hearing Officer will be signed by the hearing officer and dated on the day it is mailed. The period for judicial review will run from the date the order is mailed. The final order will include a notice that provides the individual with the opportunity for judicial review. Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, set forth the procedures for an individual to appeal a final department (agency) decision or action.

f. Federal Level Appeal Process

Under WIA regulations, 20 CFR Section 667.600, if the RWB or the state has not issued a decision within the required sixty (60) calendar day timeframe, the grievant/complainant can file an appeal to the USDOL. The appeal must be filed with USDOL no later than one hundred and twenty (120) calendar days of the filing of the grievance with the State, or the filing of the appeal of a local grievance with the State. A copy of the appeal must be simultaneously provided to the appropriate Regional Administrator and the opposing party.

An appeal must be filed within sixty (60) days of the receipt of the decision being appealed in cases where a decision has been reached and the party to which such a decision has been adversely impacted wishes to appeal to the Secretary. A copy of the appeal must be simultaneously provided to the appropriate USDOL Regional Administrator and the opposing party.
Section 667.650 states that a local area found in substantial violation of WIA Title I and which has received a notice from the Governor that either all or part of the local plan will be revoked or that a reorganization will occur, may appeal such sanctions to USDOL Secretary under WIA Section 184 (b). These appeals must be filed no later than thirty (30) days after receipt of written notification of the revoked plan or imposed reorganization. A copy of the appeal must be simultaneously provided to the Governor.
The Request for Review/Appeal must be submitted by certified mail, return receipt to: Secretary, U. S. Department of Labor, Washington, D.C. 20210, Attention ASET.

B. COMPLAINT PROCEDURES FOR WAGNER-PEYSER EMPLOYMENT SERVICE ACTIVITIES

Background/Underlying State and Federal Policy

Federal regulations at 20 CFR Part 658, Subpart E, provide that each state shall establish and maintain an employment service complaint system that includes procedures at the local, State and Federal level for processing these complaints.

Wagner-Peyser participants may file discrimination complaints against the Agency for Workforce Innovation (AWI) or its employees or complaints alleging discrimination by an employer. Title 29 CFR Part 34, provides the authority for the following:

1. Complaints involving an employer in another state or another state agency;

2. Complaints involving more than one office, another One-Stop Center, or statewide system;

3. Complaints involving the violation of the Job Service Regulations by an office or One-Stop Center;

4. Complaints involving the violation of an employment related law by an employer; and

5. Complaints involving a violation of the terms and conditions of a job order by an employer.

Special handling procedures are required for complaints filed by Migrant Seasonal Farm Workers (MSFW). The RWB shall attempt to resolve the MSFW complaint. If MSFW complaint cannot be resolved within five (5) working days of receipt of complaint by the RWB, the complaint form and copies of all documents in the complaint file are forwarded to the Agency for Workforce Innovation, Monitor Advocate Office, Atkins Building, Suite 300, Tallahassee, Florida 32399-2250, Attention: Senior Monitor Advocate.

20 CFR Sec. 658.514 states that non ES related complaints (employment, discrimination, health and safety, etc.) must be forwarded as soon as possible after being received. These complaints shall be sent to Agency for Workforce Innovation, Office of General Counsel, 1320 Executive Center Drive, 300 Atkins Building, Tallahassee, Florida 32399-2250 or to the appropriate federal agency with a copy of the complaint sent to AWI Office of General Counsel. (See Section C for federal agencies and addresses.)

I. Regional Workforce Board/One-Stop ES Complaint/Resolution Procedures

Complaints related to Wagner-Peyser Employment Service are handled by the One-Stop Manager/Complaint Specialist. The Manger/Specialist will maintain a separate file for each complaint and enter the complaint on the Complaint Log. The local RWB will attempt to resolve all ES related complaints.

The complaint is resolved when the complainant is satisfied with the outcome; the complainant chooses not to elevate to the next level; or when the complainant has not responded within twenty (20) working days after correspondence has been mailed for ES complaints and within forty (40) working days for MSFW complaints.

If the ES complaint is not resolved within fifteen (15) working days, then the complaint and associated file documents are forwarded to the Agency for Workforce Innovation, 1320 Executive Center Drive, 200 Atkins Building, Tallahassee, Florida 32399-2250, Attention: ES Complaint Coordinator.

Within 5 days after the end of the quarter, the local One-Stop Office Manager will mail the Complaint Logs to the Senior Monitor Advocate at the address included in the MSFW procedures above.

MSFW complaints involving an allegation of noncompliance with assurances regarding wage and hour law or other employment conditions are to be forwarded to the nearest USDOL Wage and Hour office. Check the USDOL web site at http://www.dol.gov/dol/esa/public/whd_org.htm to find the local office nearest you.

For MSFW violations of Occupational Safety and Health Administration (OSHA) Directives, complaints should be forwarded to USDOL, Occupational Safety and Health Administration. See address in the chart on the last page of Section C.

The following conditions are identified in 20 CFR 658.501(a) as the basis for discontinuation of services to employers:

1. Employer submits and refuses to alter or withdraw job orders containing specification which are contrary to employment related laws;

2. Employer submits job order and refuses to provide assurances that the jobs offered are in compliance with employment related laws;

3. Employer is found through field checks or otherwise to have misrepresented the terms or conditions of employment specified on the job order or to have failed to comply fully with assurances made on the job orders.

4. The One-Stop Center is notified by enforcement agency that the employer has violated an employment related law;

5. Employer, following investigation of complaint, is found to have violated Employment Service regulations;

6. Employer refuses to accept qualified workers referred;

7. Employer refuses to cooperate in field checks; and

8. Employer repeatedly causes discontinuation proceedings to be initiated.

More detail on the JS Complaint System (20 CFR sections 658.411-418) can be found in the Complaint Resolution Handbook e.g., the completion of the complaint filing, assigning, and handling JS related complaints, complaint resolution, referrals, hearings, etc. Also, a list of referral agencies is available in the Complaint Resolution System Handbook that has been provided to each RWB, local Representative, and One-Stop Center.

Note: Nothing included in this paper precludes a grievant/ complainant from pursuing a remedy authorized under another Federal, State, or local law.

C. REPORTING CRIMINAL FRAUD AND ABUSE, DISCRINMINATION, HEALTH AND SAFETY, AND EMPLOYMENT COMPLAINTS/VIOLATIONS

Criminal fraud and abuse, discrimination, health and safety, and employment, complaints that violate federal laws, regulations, and directives are handled differently than the program related complaints/grievances handled by local and state hearing and appeal procedures.

I. Reporting Criminal Fraud and Abuse

WIA Section 667.630 describes the process for reporting complaints and/or reports of criminal fraud and abuse. Complaints/reports must be reported immediately to the USDOL Office of Inspector General, Office of Investigations, Room S5514, 200 Constitution Avenue NW, Washington, D. C. 20210.

The complaint or report can also be mailed to the USDOL South East Regional Inspector General for Investigations, Office of Investigations, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW, Suite 6T1, Atlanta, Georgia 30303 with a copy simultaneously provided to the Employment and Training Administration.

Reports or complaints alleging criminal fraud and abuse may also be reported through USDOL's Hotline at 1-800-347-3756.

II. Reporting WIA, WT/(TANF), WtW, and Wagner-Peyser Discrimination Complaints

WIA Section 667.275(a) requires that recipients of WIA funds comply with federal nondiscrimination and other applicable equal opportunity laws. (See WIA Section 188 and 29 CFR part 37.)

Guidance, found at 20 CFR 645.255, provides that participants in Welfare-to-Work programs have the same rights that apply to any federal, state or local law that prohibits discrimination. Guidance, found at 20 CFR 658.401(d), prohibits discrimination against applicants for or recipients of Wagner-Peyser program services.

Under Wagner-Peyser, discrimination complaints may be filed directly with a local-office equal opportunity representative, when such has been designated and trained, with the state agency having administrative responsibility for Wagner-Peyser programs, or with the Civil Rights Center, U.S. Department of Labor. (Reference: 20 CFR 658.411)

Under Florida law, employees or applicants may also choose to file employment complaints with the Florida Commission on Human Relations. (Reference: Section 760.06, F.S.) Contact the following entities for discrimination, employment, health and safety, or Florida Law violations/complaints:

Florida Commission on Human Relations
Florida Law Violations
325 John Knox Road, Building F, Suite 240, Tallahassee, Florida 32303-4149, or call the Commission at (850) 488-7082 or
1-800-342-8170 (voice and TTY).

U. S. Department of Labor,
Civil Rights Center
Discrimination Complaints
200 Constitution Avenue, NW,
Room N-4123
Washington, D. C. 20210

U. S. Equal Employment Opportunity Commission (EEOC)
Employment Complaints
Miami District Office
One Biscayne Tower, Suite 2700
2 South Biscayne Boulevard
Miami, Florida 33131
(305) 536-5721 or TTY (305) 536-5721

USDOL Occupational Safety and Health Administration
Safety and Health Violations
200 Constitution Avenue, N.W.
Washington, D.C. 20210

EEOC
Tampa Area Office
501 East Polk Street, Tenth Floor
Tampa, Florida 33602
(813) 228-2310 or TTY (813) 228-2003

USDOL Office of Inspector General, Office of Investigations
200 Constitution Avenue, NW
Room S5514
Washington, D. C. 20210.

SUPERSESSION:
WPDG 00-004, Issued March 27, 2001

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