West Virginia TANF/MOE Report

Office of Family Assistance

Annual Report on State TANF and MOE Programs - 2004
West Virginia

Each State must provide the information indicated below on its TANF program regardless of the funding source – i.e., no matter whether the State used segregated Federal TANF funds, segregated State TANF funds, or commingled funds to pay for the benefit or service.

If the State elects to report on other benefits or activities provided through other program funding streams, please mention it after the TANF-funded benefits or activities for each item.

45 CFR 261.30 encompasses the 12 categories of work activities listed in Section 407(d) of the Social Security Act for purposes of determining the State’s required minimum work participation rate(s). Each State defines the activities that fall under each of these 12 categories and provides them to us. This item is for that purpose. Therefore, your definitions should include the kinds of work activities that apply to each of the 12 categories. For example, what activities comprise “job skills training directly related to employment” in your State?

• Unsubsidized employment - work with earnings provided by an employer who does not receive a subsidy for the creation and maintenance of the employment position.

• Subsidized employment - work with earnings provided by an employer who receives a subsidy for the creation and maintenance of the employment position. This can include both public and private sector employment which is primarily through direct hire or on-the-job contracts with a hire first provision.

• Employer Incentive Program and On-the-Job Training (OJT) - provides individuals hired by either public or private employers with subsidized training and employment. This is structured skill training, the opportunity to improve skill level, and provides those who are marginally employable with an opportunity to become employed.

• Community Work Experience (CWEP) - a work experience activity for parents and other caretaker relatives age 18 and older operated in the public and not-for-profit sectors. Placements are negotiated with employers for participants based on dividing the cash assistance check amount plus the food stamp coupon value divided by the minimum wage. The primary purpose is to provide work experience and training to assist an individual who has limited work experience, is under employed or who has not immediate employment opportunities. This is limited to public agencies.

• JOIN (Joint Opportunities for Independence Program) - a state operated employment program that provides individuals the opportunity to participate in a work program that closely resembles full time employment. This is a work experience and skill acquisition activity operated in primarily in the private sector and placements are for no more than 40 hours per week. The work obligation is calculated by dividing the cash assistance and food stamp coupon value by the federal minimum wage.

• Community and Personal Development Services - an activity that will include participation in parenting activities, structured mentoring activities, financial nutritional, emotional and other personal development counseling, substance abuse counseling, volunteer work with community-based agencies, and sheltered workshops. Specific hours of participation may vary but will be negotiated with each parent and service provider. A new program developed in association with the West Virginia Department of Education and regional Workforce Investment Boards is the SPOKES/EXCEL program. This is a six week program for job ready individuals that incorporates the above mentioned activities with computer training skills, resume writing. Participants in this program graduate with Work Keys certificates that increase their marketability to employers.

• Job Readiness/Search Activities - a dual activity to provide the participant with classroom training and actual job search. This activity is limited to 6 weeks a year with no more than a 4 week consecutive week period. Hours of participation are at least 120 hours per month.

• Vocational Training - limited to courses that provide employment skills. Vocational education may be used to meet the participation requirement for no more than 12 months. Vocational education is expected to lead to employment. Up to 12 months at a college or community college may be considered vocational education if the classes are for a vocational related program.

• Secondary education - primary activity for teen parents. Parents over the age of twenty who does not have a high school diploma or GED and for whom a work placement cannot be found may be required to participate in adult basic education class. Educational Activities include literacy, high school, English as a second language, adult basic education, and college.

• Post secondary education - activities such as work study, clinical, practicum’s and student teaching activities.

• Provision of child care for a community services participant - a TANF/WV WORKS recipient who cares for the child of another TANF/WV WORKS recipient who is participating in an approved work activity, is considered to be meeting the federal work requirement under the definition of community service.

2. A description of the transitional services provided to families no longer receiving assistance due to employment.

Indicate the kinds of help provided to working families that received, but no longer receive, “assistance” as defined in 45 CFR 260.31.

Transitional services to families no longer receiving cash assistance due to employment are limited to 6 consecutive months following WV WORKS closure and are also limited to one 6 month consecutive period in a life time. The family income must be below 150% of the Federal Poverty Income Level. These transitional services include case management, support services payments, continuation of and payment for activities such as, but not limited to, job search, job readiness and skill training. All support services available to active WV WORKS recipients are available to those who receive continued services and these include the following:

Special clothing;
Tools;
Collateral expenses such as grooming expenses, testing fees, gasoline, and
other expenses necessary for employment;
Driver’s or chauffeur’s license;
CDL license;
Professional license;
Relocation expense;
Transportation payments;
Driving Under the Influence (DUI) classes and equipment;
Vehicle repair; and
Vehicle insurance.

Continued eligibility for the Food Stamp Program, the Medicaid Program, and the Children’s Health Insurance Program is evaluated when changes are made to an active TANF/WV WORKS case and when the case closure occurs.

3. A description of how a State will reduce the amount of assistance payable to a family when an individual refuses to engage in work without good cause pursuant to 45 CFR 261.14 of this chapter.

When a member of the assistance group does not comply with requirements found on her Personal Responsibility Contract (PRC), a sanction must be imposed unless the Worker determines that good cause exists. Sanctions are applied to WV WORKS cases in the form of check reductions and, for the 3rd or subsequent offense, termination of benefits.

The amount of the check reduction is a fixed amount and is determined as follows:

• 1st offense - 1/3 reduction in the check amount, prior to recoupment, that the assistance group is currently eligible to receive, for 3 months.

• 2nd offense - 2/3 reduction in the check amount, prior to recoupment, that the assistance group is currently eligible to receive, for 3 months. If the case is in a 1/3 reduction when the 2nd sanction is applied, the 2/3 reduction is applied to the check amount the client is currently eligible to receive, prior to recoupment; it is not applied to the check amount which has already been reduced by 1/3.

• 3rd offense and all subsequent offenses - ineligibility for cash assistance for 3 months or until the compliance, whichever is later.

4. The average monthly number of payments for child care services made by the State through the use of disregards, by the following types of child care providers;

v. Legally operating (i.e., no license category available in state or locality)
in-home child care provided by a non-relative;

vi. Legally operating (i.e., no license category available in State or locality)
in-home child care provided by a relative;

vii. Legally operating (i.e., no license category available in State or locality)
family child care provided by a non-relative;

viii. Legally operating (i.e., no license category available in State or locality)
family child care provided by a relative;

ix. Legally operating (i.e., no license category available in State or locality)
group child care provided by a non-relative;

x. Legally operating (i.e., no license category available in State or locality)
group child care provided by a relative; and

xi. Legally operated (i.e., no license category available in State or locality)
center-based child care.

5. If the State has adopted the Family Violence Option and wants Federal recognition of its good cause domestic violence waivers under 45 CFR 260.50-58,then provide (a) a description of the strategies and procedures in place to ensure that victims of domestic violence receive appropriate alternative services and(b) an aggregate figure for the total number of good cause domestic waivers granted.

The State adopted the Family Violence Option and all applicants and recipients of cash assistance are informed that information is available concerning domestic violence. This is discussed with all clients. No individual is specifically targeted to receive the information. Disclosure of domestic violence may have an affect on the Personal Responsibility Contract, work requirements or time limits the client is expected to meet while a recipient of cash assistance. A referral to the appropriate community resource or domestic violence program must be made to develop a plan to assist the client with meeting the requirements of WV WORKS.

When an individual discloses domestic violence which is a barrier to participation in WV WORKS activities, the individual may receive a temporary exemption from the requirements for up to 6 months as long as the individual:

• Completes a time-limited service plan with the domestic violence agency which will enable him to gain self-sufficiency, and

If the client refuses the referral to an appropriate agency, he cannot receive this temporary exemption. A code is entered into the eligibility determination system to indicate that domestic violence is an indicator.

The Worker monitors the plan regularly in order to ensure compliance and to continue the exemption. If, at the end of the plan period, barriers to self-sufficiency still exist, the temporary exemption may be continued on a month-to-month basis until the barriers no longer exist, as long as the client continues to comply with the domestic violence agency’s plan. Plans may be extended after the 6-month limit when extenuating circumstances exist and counseling continues at the recommendation of the domestic violence counselor.

The Department of Health and Human Resources Bureau for Children and Families, has established policy and procedures for extensions to the 60 month lifetime limit on the receipt of cash assistance for domestic violence situations. When the assistance group meets the definition of battered or subjected to extreme cruelty, an extension based solely or in part on this criteria may be approved multiple times and may exceed the 6 month limit which is imposed on all other types of extensions to the 60 month lifetime limit. The individual who meets the criteria for battered or subjected to extreme cruelty must accept a referral to a domestic violence program that operates under a West Virginia state license or through an agreement with the Department of Health and Human Resources. In addition, the client must participate in and follow any plans developed with the program. Extensions must be reconsidered each 6 months, or according to the Department’s extension committee’s instruction, whichever is earlier. Multiple extension periods must be consecutive.

6. A description of any nonrecurrent, short-term benefits (as defined in 45 CFR 260.31(b)(1)) provided, including:

• The eligibility criteria associated with such benefits, including any restrictions on the amount, duration, or frequency of payments;

• Any policies that limit such payments to families that are eligible for TANF assistance or that have the effect of delaying or suspending a family’s eligibility for assistance; and

• Any procedures or activities developed under the TANF program to ensure that individuals diverted from assistance receive information about, referrals to, or access to other program benefits (such as Medicaid and food stamps) that might help them make the transition from welfare to work.

Diversionary Cash Assistance (DCA) is a payment method that allows a maximum lump sum benefit of an amount equal to the maximum cash assistance benefit amount based on family size multiplied by 3. This type of assistance is an opportunity to relieve temporary financial needs as an alternative to receipt of ongoing cash assistance through TANF. Eligibility for WV WORKS must be established and an initial assessment by the Family Support Specialist is conducted before DCA is considered. DCA is available only one time for an applicant family. Financial eligibility for DCA is determined by comparing the gross, non-excluded, countable income of the assistance group to 100% of the Standard of Need based upon the number of people in the assistance group. If the income is equal to or less than the appropriate Standard of Need, the assistance group is financially eligible for DCA. If the income exceeds the appropriate Standard of Need, DCA must not be considered because the client is not eligible for WV WORKS.

The amount of the DCA payment is determined by the maximum WV WORKS payable to a family of the same size multiplied by 3 (prior to June 1, 2002 the number of months was 4). The Worker determines the amount needed to meet the temporary financial need. The amount may include expenses related to future employment needs and ongoing household expenses. DCA is limited to one-time-only and the Worker must be certain to include all such needs in this determination. Supplemental payments may not be issued even if the maximum amount was not used for the DCA. Acceptance of the DCA does not count toward the 60-month lifetime limit or the 24-month limit.

• The assistance group must demonstrate a need which cannot be met with the current or anticipated family resources;

• A member of the assistance group must be employed or have a verified promise of employment or other verified source of income within 2 months of application for assistance;

• The assistance group must be eligible for a WV WORKS check based on the applicant’s declaration and the best judgement of the worker;

• The applicant must agree to accept DCA by signing the appropriate form which lists the conditions and expectations;

• Child support received by the parent/caretaker relative or the Department of Health and Human Resources belongs to the family and is not used to reimburse the Department for DCA;

• The applicant must agree to have the WV WORKS application withdrawn. When a DCA payment is accepted, the assistance group is ineligible for cash assistance for 3 months regardless of the amount of the DCA or the number of months the payment represents.

All information about applicants for TANF is processed through the eligibility determination system in West Virginia named RAPIDS. Through RAPIDS the application processing includes issuing the check for Diversionary Cash Assistance and the system also determines other programs and benefits for which the family may be eligible such as, the Food Stamp Program, the various medicaid coverage groups, and when this determination is made the Family Support Specialist informs the applicant of their eligibility for these programs and the applicant can make the decision about accepting these programs. It is not necessary for the applicant to see another Worker to make application for these programs.

7. A description of the grievance procedures the State has established and is maintaining to resolve displacement complaints, pursuant to section 407(f)(3) of the Social Security Act. This description must include the name of the State agency with the lead responsibility for administering this provision and explanations of how the State has notified the public about these procedures and how an individual can register a complaint.

West Virginia acknowledges that Community Work Experience Program (CWEP), Joint Opportunities for Independence (JOIN) and Employer Incentive Program (EIP) work assignments shall not:

• Result in the displacement of currently employed workers including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits;

• Shall not infringe in any way upon the promotional opportunities of person(s) currently in jobs not funded under these programs; and

• Shall not result in the filling of any established unfilled position vacancy by a participant assigned to CWEP or JOIN.

To resolve regular employee grievances the grievance must be filed within 90 days of the date that the perceived displacement occurred, each work site must be provided with the Employee Grievance Posters and grievance procedures and forms. The posters shall be placed in locations conspicuous to employees, the procedures for resolving complaints by regular employees or their representatives that a work assignment of a CWEP, JOIN, or EIP participant violates the above probation are as follows:

• The grievant attempts to resolve the complaint with his immediate supervisor within 2 days of the alleged occurrence. A conference or hearing can be held. The Supervisor shall give a written response to the grievant within 3 days. The grievant may accept the decision or proceed to the next step;

• The grievant requests a review from the employer within 2 days. The employer gives a written response to the grievant within 5 days. Grievant accepts the decision to proceed to the next step;

• The written grievance form is forwarded by the employee within 2 days to the local Family Support Supervisor. The Family Support Supervisor will forward the grievance form to the DHHR Hearings Officer within 2 days of receipt of the form from the employer. The Hearings Officer will generally render a decision within 15 days.

• The decision of the Hearings Officer may be appealed by the grievant within 30 days after receipt of the Hearings Officer’s decision. The appeal must be sent to the:

Office of Administrative Law Judges
U. S. Department of Labor
Vanguard Building, Room 600
1111 20th Street, NW
Washington, DC 20036

The appeal must contain: The full name, address, and telephone number of the appellant; the provisions of the Statute or regulation believed to have been violated; a copy of the original complaint filed by the appellant, with the States; and a copy of the State’s finding and decision regarding the appellant’s complaint.

The Office of Administrative Law Judges will request the information from the State hearings Officer and the State shall within 30 days of the request, certify and file with the Office of the Administrative Law Judges the entire administrative record of the matter under appeal. The decision of the Office of Administrative Law Judges shall be the final decision of the Secretary Labor on the appeal.

8. A summary of State programs and activities directed at the third and fourth statutory purposes of TANF (as specified at 45 CFR 260.20(c) and (d) of this chapter).

a. Summarize below, the State programs and activities directed at preventing and reducing the incidence of out-of-wedlock pregnancies and establishing annual numerical goals for preventing and reducing the incidence of these pregnancies (TANF purpose 3):

The West Virginia Department of Health and Human Resources, Bureau for Public Health, Office of Maternal, Child and Family Health (OMCFH) is responsible for developing, coordinating, and operating health prevention programs for women and children, including family planning and adolescent pregnancy. Administered under OMCFH, the Family Planning Program has been providing contraceptive and health education services to the West Virginia population at risk of unintended pregnancy or in need of subsidized care since 1970. Under this is the Adolescent Pregnancy Prevention Projects which includes a broader array of adolescent health issues. Activities currently under development by the Adolescent Pregnancy Prevention Initiative include:

• Design and conduct community education and outreach activities to promote the public awareness of adolescent pregnancy prevention and related issues for community groups, schools, health care professionals, parent groups, or businesses:

• Media campaign

• Displays

• Parenting workshops

• Training models

• Coordinate professional continuing education opportunities related to adolescent pregnancy prevention:

• Adolescent Pregnancy Prevention Conference (statewide participation)

• Teen Issues Forums

The statewide Family Planning Program provides comprehensive reproductive health care for low-income women, men, and adolescents by providing services and education to prevent unintended pregnancies. The Family Planning Program provides financial support for 130 community-based health care facilities throughout West Virginia to offer services which include:

• Medical, reproductive and family health histories;

• Education and counseling;

• Gynecological, breast and testicular examinations;

• Cervical cancer screening

• Pregnancy testing and options counseling;

• Diagnosis and treatment of sexually transmitted diseases;

• Provision of contraceptive supplies.

Family Planning activities in progress targeted to TANF/WV WORKS recipients include:

• Targeted mailings to WV WORKS recipients regarding Family Planning Program services. This activity consists of including informational enclosures in assistance checks and mailing Family Planning Program brochures directly to WV WORKS recipients’ homes;

• Provide Family Planning Program information for distribution when developing each Personal Responsibility Contract (PRC) and Self-Sufficiency Plan;

• Provide educational workshops for Family Support Specialists or other staff involved in TANF/WV WORKS orientation programs;

• Development and distribution of educational materials for Family Support Specialists and other staff involved with TANF/WV WORKS;

• Family Planning Program brochures;

• Family Planning program Provider Directory (statewide).

The Adolescent Health Initiative is a statewide preventive education program, focused on reducing high risk behaviors among teenagers aged 10 - 17. This initiative is designed to create acceptability and availability of health services specifically directed toward adolescents. Community-based program staff work with local schools, churches, youth groups and community organizations to promote preventive education and jointly design programs that reflect the values and concerns of the local community.

The statewide Right From The Start (RFTS) Project provides case management and educational opportunities to pregnant women throughout their pregnancy and up to 60 days postpartum. A special emphasis is placed on access to services including family planning and parenting education, especially for first time parents.

• Increase the availability of contraceptive services and pregnancy prevention education to adolescents by 5% from 1996 - 2005.

• Prevent subsequent teen pregnancies and/or illegitimate pregnancies by 2% of the total births from 1996 - 2005 by offering education throughout the first or subsequent pregnancy and postpartum periods to encourage planned behavior, thus decreasing teen pregnancy and illegitimate pregnancy rates.

b. Summarize below, the State programs and activities directed at encouraging the formation and maintenance of two-parent families (TANF purpose 4):

• Although the $100 Marriage incentive payment to married, 2 parent households was discontinued as of August 2004, West Virginia is developing a state wide Healthy Marriage Initiative. The State is developing a two year plan incorporating a coalition of state agencies and private organizations working together to provide Marriage and Family Educational Services. The coalition includes representatives from the West Virginia Department of Health and Human Resources WV WORKS Workers from the local offices, representatives from the WV Coalition Against Domestic Violence, the West Virginia Bureau for Child Support Enforcement, local Family Resource Networks, The West Virginia University Extension Services and other private and Faith based groups from across the state. Initially, there are eight counties being served with plans to increase services to be available on a statewide basis.

9. An estimate of the total number of individuals who have participated in subsidized employment under §261.30(b) or (c) of this chapter.

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.

Monthly cash assistance payments, support payments and services, and related administrative costs.

Payments designed to meet ongoing basic needs which include shelter, utilities, food, and incidental expenses families who met the program guidelines, and to provide support services to assist families in obtaining and retaining employment as they move to self-sufficiency.

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

15. Total State Expenditures for the Program for the Fiscal Year: $34,446,442.00

16. Total State MOE Expenditures under the Program for the Fiscal Year: $34,446,442.00

___ The total served over the fiscal year.

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

The allowable family asset level is $2,000.
The value of one vehicle is excluded regardless of the value of the vehicle.

• Earnings of minor dependent children;
• Tax refunds;
• Earned Income Tax Credit (EITC);
• Monthly Supplemental Security Income (SSI) payments for children and adults; and
• Educational grants, scholarships, work study.

Applicants are required to attend a WV WORKS orientation session, and
Families who meet the eligible child, income, and asset tests and attend an Orientation Program are required to negotiate and sign a Personal Responsibility contract.

A Personal Responsibility contract (PRC) is developed by the adult family members who are included in the assistance payment, and case manager which outlines the activities which must take place for the family to achieve self-sufficiency.

Failure to meet the terms of the PRC will result in the following penalties: 1) first offense is a 1/3 reduction in cash assistance benefits for 3 months; 2) second offense is a 2/3 reduction in cash assistance benefits for 3 months; and 3) third offense is case closure for at least 3 months.

Applicants, as well as recipients, are informed at application, redetermination, and case maintenance of the need to report changes and the penalties for failure to do so. The PRC and the required Orientation further stress the importance of cooperation and the penalties associated with not reporting changes on a timely basis.

Minor parents are required to live with their parents or in an adult supervised setting. Teen parents are required to attend school of they do not have a high school diploma or the equivalent.

Families will receive an earned income disregard of 40% (prior to June 1, 2002 the disregard was 60%).

A $100 marriage incentive was added to the family’s benefits prior to August 1, 2004. Effective August 1, 2004, the marriage incentive was eliminated.

A WV WORKS family that lives with others not included in the benefit group will receive a reduction of 25% in the cash benefit they receive.

Families who receive child support will receive a Child Support Incentive of $25 monthly for each month the support is redirected to the Bureau for Child Support Enforcement.

Diversionary Cash Assistance is available to applicants in an amount up to three months of regular cash assistance if the family can demonstrate a need which cannot be met with current or anticipated family resources and there is verified employment or another specific source of income with a month and the family meets the income, asset, and dependent minor child provisions of WV WORKS.

Redeterminations of eligibility are conducted at periodic intervals at a minimum of once each 12 months.

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

This certifies that all families for which the State claims MOE expenditures for the fiscal year meet the State’s criteria for “eligible families.”