Administrative Code Provisions | CMSR 18-013-001 | 2018
Due to length of document, only a portion of the code is contained below:
CHAPTER 1
GENERAL
Manual Page 1000 Introduction.
LEGAL AND FUNDING BASE
The following cited laws and regulations set forth basic guidelines used to develop detailed policies and procedures set out in this Volume III, TANF Policy Manual.
Temporary Assistance for Needy Families (TANF)
The Temporary Assistance for Needy Families (TANF) Program is authorized by Title IV of the Social Security Act as amended by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 (Public Law 104-193) and found in the Code of Federal Regulations, Title 45 beginning with Part 200. The TANF Program is administered through the United States Department of Health and Human Services, Administration for Children and Families.
The Mississippi Department of Human Services is the agency designated by state law to administer the TANF Program. The TANF Program is authorized in the Mississippi Code of 1972 Annotated, in Title 43, Chapters 1 and 17. The TANF Program includes the TANF Work Program (TWP) with specific work-related requirements, exemptions and sanctions. TANF eligibility requirements and TWP requirements are addressed in State law at 43-17-5.
Under the federal and state laws, TANF benefits are time limited , mandating that families move quickly into work activities leading to self-sufficiency. The TANF Program is designed to:
-- provide TANF payments assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;
-- end dependence of parents/caretakers on public assistance by promoting job preparation, work and marriage;
-- encourage the formation and maintenance of two-parent families; and
-- prevent Program fraud and abuse.
The specific time limits under which families may receive assistance under the TANF Program as funded under the federal PRWORA, Title IV-A, and State law at 43-17-5 are as follows:
-- Temporary assistance to needy families that include an adult is limited to a maximum of 60 months , whether or not consecutive, unless excluded within the 20% exemption criteria.
-- The parent or needy caretaker in the assistance unit must be engaged in an approved work activity (defined by the State) as soon as he/she is determined ready to engage in work. In no case shall the adult in the TANF Program receive assistance for more than 24 months within the countable 60 months, whether or not consecutive, unless assigned to and participating satisfactorily in an approved work activity.
The State may exempt no more than 20% of the TANF recipient families from the 60 month maximum benefit and work requirement limits, except as allowed by law in regard to cases consisting only of minor children, hardship, etc. The State's 20% exemption will include the elderly caretaker relative whose needs are included in the assistance unit, cases in which the parent(s) are incapacitated, cases in which the adult is exempt from work because of caring for a severely incapacitated/ill household member, or cases in which the adult (or child) is suffering hardship because of sexual, mental or physical abuse or battery.
Administrative and benefit costs of TANF payment assistance and the TANF Work Program (TWP) are funded by the federal TANF Block Grant and State Maintenance of Effort (MOE) monies. Formulas for determining the amount of the TANF Block Grant and State MOE requirements are defined in PRWORA.
NOTE : The Block Grant TANF Program replaced the Aid For Families with Dependent Children (AFDC) federal/state match Program in Mississippi effective October 1, 1996.
Related Programs
The legal base and funding for other MDHS programs associated with TANF include:
Child Support
Cooperation with child support enforcement requirements as a condition of TANF eligibility is mandated at both the federal and state level as found in PRWORA and in State statute in Title 43, Chapter 19. The Division of Economic Assistance refers appropriate TANF cases to the Division of Child Support Enforcement.
Refugee Assistance
Money payments for certain individuals who are not eligible for TANF are authorized and funded through the Refugee Assistance Act for Refugee Cash Assistance (RCA). These services are provided with federal grant monies.
Manual Page 1010 Non-discrimination Compliance.
FEDERAL LAWS PROHIBITING DISCRIMINATION
The Mississippi Department of Human Services is an equal opportunity service provider and employer. No program, applicant or recipient shall be discriminated against in any aspect of MDHS administration including, but not limited to, the initial and continuing eligibility determination process, the authorization of benefits, access to hearings, and any other service for reasons of race, color, national origin, gender, disability, religion or political beliefs. Civil rights laws and regulations on which compliance is based include Title IV of the Civil Rights Act of 1964, implementing regulation at 45 C.F.R. Part 80; Section 504 of the Rehabilitation Act of 1973, implementing regulation at 45 C.F.R. Part 84; and Title II of the Americans with Disabilities Act (ADA), implementing regulation at 28 C.F.R. Part 35. Title IV prohibits discrimination based on race, color or national origin. Section 504 of Title II of the ADA prohibits discrimination based on disability.
HOW TO FILE A DISCRIMINATION COMPLAINT
Individuals who believe that they have been discriminated against because of age, race, color, sex, handicap, religion, national origin or political belief may file a written complaint with the Office of Civil Rights (OCR), or with the State Agency. An explanation of both the OCR and the State Agency complaint system shall be given to each individual who expresses an interest in filing a discrimination complaint, and he shall be advised of the right to file a complaint in either or both systems.
1. Complaints should contain the following information to facilitate investigations:
a. The name, address, and telephone number or other means of contacting the person alleging discrimination.
b. The location and name of the organization, individual or office accused of discriminatory practices.
c. The nature of the incident, action, or the aspect of program administration that led the person to allege discrimination.
d. The reason for the alleged discrimination (race, age, color, sex, disability, religion, national origin or political belief).
e. The names, title (if appropriate), and addresses of persons who may have knowledge of the alleged discriminatory acts.
f. The date or dates on which the alleged discriminatory actions occurred.
g. The provision for the complainant to select whether the complaint will be investigated by OCR, the State Agency, or both.
2. If the client makes verbal allegations and is unable or reluctant to put the allegations in writing, the person to whom the allegations are made shall document the complaint in writing. Every effort shall be made to obtain information specified in Item 1 above.
3. If the person making the complaint chooses to remain anonymous, the person to whom the complaint is made will document the problem or circumstances as described by the complainant including as much information as possible as listed in Item 1 above. The person recording the complaint will sign and date the documentation.
4. When agency staff receives and documents complaints as described in Items 2 and 3 above, that person will immediately alert his immediate supervisor or county director for further handling.
5. Complaints should be filed as soon as possible from the date of alleged discrimination. Reasons for delay in filing a complaint should be included when more than a reasonable time has elapsed between the occurrence and the complaint.
WHERE TO FILE A DISCRIMINATION COMPLAINT
An individual has the right to file a discrimination complaint with MDHS or the Department of Health and Human Services (HHS), Office of Civil Rights (OCR), or both. The person accepting the complaint must fully explain all options to the person filing the complaint. Complaints may be made directly to the State Agency or the HHS, OCR, or both. The individual may mail his written complaint to the county or State MDHS Office or to the Office of Civil Rights, Region IV, Atlanta Federal Center, 61 Forsyth Street, S.W., Suite 3870, Atlanta, GA 30303-8909.
RESPONSE TO DISCRIMINATION COMPLAINTS
Office of Civil Rights
Complaints made to the Federal Agency will be reviewed and investigated by OCR.
County Office
Complaints received in the county office will be immediately forwarded to the State Office with a copy of the complaint to the Regional Office. The State Office will acknowledge receipt of the complaint to the complainant within five (5) working days. A copy of the acknowledgment will be mailed to the county office and regional office.
State Office
Complaints received in the State Office will be logged in by the Office of Field Operations and referred to the county and regional offices for investigation. The State Office will acknowledge receipt of the complaint to the complainant within five (5) working days. A copy of the acknowledgment will be mailed to the county office and regional office.
Based on the analysis of the complaint, one of three (3) situations will occur:
a. Referral: cases received that required no action; cases in this category will be considered closed at this point.
b. Age discrimination: cases will be forwarded to the Regional OCR.
c. Investigation: cases that contain alleged violations in the TANF program, a prohibited basis of discrimination and an adverse action, as determined by the complainant.
An onsite investigation must consist of an interview with the complainant. The investigation may be discontinued at this step if the complainant indicates that discrimination did not occur; that he/she understands how the case was handled; does not wish to pursue the complaint; or withdraws the complaint. The person conducting the investigation should obtain a signed statement from the complainant at this point. The signed statement should be included with the investigative report.
If investigation is necessary to substantiate or refute the allegations, the following steps will be taken in addition to the interview with the complainant: (1) review of the complainant's case file; (2) review of other similarly situated case files concluding with not less than ten percent of the random number of similar case files from the total number of case files in either a caseload or from the applicant pool; (3) interviews with management in the county office; (4) interviews with relevant witnesses and other applicants/participants; and (5) interviews with representative of grassroots/advocacy organizations, if warranted.
Field Operations will gather facts that will either support or refute the complainant's allegations(s) ensuring that all relevant sources of information are investigated. The facts will be reviewed and evaluated. A decision letter informing the complainant of closure or follow-up action and the right to appeal to the Secretary of Health and Human Services Office of Civil Rights will be written and submitted to HHS Regional OCR. HHS RO will maintain rights to oversight and concurrence with the agency's decision. Upon HHS OCR approval, the decision letter will be issued to the complainant. Corrective action, when necessary, will be implemented. All complaints, regardless of the originating office, shall be processed and closed within 90 days of receipt.
COMPLAINT INVOLVING OTHER AGENCIES
When a complaint involves another Federal Agency, Field Operations will refer the complaint to that agency and will notify complainant of the referral.
PROGRAM COMPLAINTS
When the complaint is strictly a program issue, (not a discrimination issue based on race, color, sex, disability, religion, national origin, or political belief), it will be processed through the routine program hearings procedure and not as a discrimination complaint. Discrimination complaints will not be handled in the hearing process .
PUBLIC NOTIFICATION
Applicants and recipients will be informed of nondiscrimination compliance via the following:
1. The State Agency shall publicize the nondiscrimination compliance statement on the application, pamphlets, etc.
2. Information regarding the complaint system and an explanation of the procedure must be provided to all persons within ten (10) days from the request.
Manual Page 1020 Voter Registration Requirements.
VOTER REGISTRATION
The National Voter Registration Act (NVRA) of 1993 contains provisions which made it easier for individuals to register to vote in all elections. Under this Act, all agencies in a state that provide public assistance are designated as a voter registration agency. The following services must be provided by a voter registration agency:
1. Distribution of voter registration application forms and declination forms to applicants/recipients of agency assistance;
2. Assistance in completing voter registration application forms unless the applicant/recipient refuses such assistance; and
3. Acceptance of completed voter application forms for transmittal to the county Circuit Clerk for processing within five days of receipt by the agency.
The NVRA prohibits any person providing voter registration services from:
1. Seeking to influence an applicant's political preference or party registration;
2. Displaying any political preference or party allegiance;
3. Discouraging registration;
4. Implying in any way that the availability of Agency services or eligibility for benefits is dependent upon voter registration; or
5. Disclosing any applicant's voter registration information except as needed for the administration of NVRA or identifying the agency's name on the application form.
Agency Responsibilities
Each voter registration agency must provide each applicant/recipient the opportunity to register to vote or to update a voter registration record by offering the Mississippi Voter Registration Application form and declination form at the time of each:
-- application or reapplication,
-- recertification/reevaluation, and
-- report of change of address.
When providing the applicant/recipient the opportunity to register to vote, the applicant must be verbally asked "If you are not registered to vote where you live now, would you like to apply to register to vote here today?"
Any applicant or recipient who contacts the worker to request an application, either in person or by phone, will be provided a voter registration form and declination form (see discussion of the declination form below). If the household requests that an application form be mailed, a voter registration form and declination form must be mailed along with the application. If the client who initiates an application or recertification by mail or telephone later comes into the office for the face-to-face interview, voter registration services must also be provided at that time. Assistance in completing the voter registration forms must be offered in the same manner as an application for agency assistance. Clients must clearly be provided the option to either complete the registration form in the office or take the form with them to complete at a later time. Caseworkers, though, should encourage clients who check "yes," or otherwise say they'd like to register to vote, to complete the application on site to ensure timely delivery to the Circuit Clerk. Households that do not complete the forms in the office may either hand deliver or mail completed forms to the county Circuit Clerk's office or return the forms to the MDHS county office. Clients should be informed that completed voter registration forms will be submitted to the county circuit clerk within five (5) business days of completion or from the date received by the county office. During the application process, if the individual completes and signs the voter registration form, the date of signature must be entered on the MAST screen in MAVERICS. See "Declination Forms" below for procedures when the client declines the opportunity to register to vote.
Whenever a client contacts the county office by phone or in person to report a change of address, a voter registration application must also be provided. If the report is made by phone, a voter registration application must be mailed to the household. When the form is used to update voter registration, Section II of the form, along with all other sections of the registration form, must be completed.
Declination Forms
Regardless of whether or not a client wishes to register to vote, a voter Declination form must be completed by the client. This form indicates if a client wishes either to register or not register to vote. Workers should remind clients that this form is for voter registration purposes only and in no way affects their application for benefits. Completion of the declination form should be handled as follows:
-- The client should check the box next to the appropriate answer to the question of whether he or she wishes to register to vote.
-- The client should sign and date the form. It is also recommended that the client print his or her name beside the signature. If the client receives assistance from agency staff in completing the form, the staff person assisting should sign and date the form as well.
-- If the client refuses to sign the declination form, the worker processing the form should print the client's name, and date and initial the form. The form must be scanned to the Temporary Documents folder of the household's case record, with documentation of the action taken entered on the IIDO screen and the FOES (Forms/Explanations/Screens Documentation) screen in MAVERICS.
Note: In the event that a household's authorized representative is being interviewed, a declination form will not be required. The case should be documented on IIDO that the authorized representative has been informed of the opportunity for household members to register to vote and that voter registration forms can be provided to the household upon request.
Agency Coordinator Duties and Responsibilities
To oversee and coordinate agency and local office compliance with NVRA, the State Operations Director will serve as the agency's NVRA Coordinator. The State Operations Director will be responsible for:
-- compiling and analyzing voter registration data provided by county offices
-- answering questions submitted by county offices regarding voter registration procedures
-- serving as liaison to the Secretary of State's office on issues of voter registration and NVRA compliance
-- ensuring that NVRA training materials are incorporated into agency training materials and that semi-annual training in voter registration is conducted
-- ensuring that NVRA compliance is incorporated into standard monitoring procedures
-- ensuring that agency offices have an adequate supply of voter registration materials at all times
-- developing and maintaining an up-to-date list of site NVRA contacts
Site Coordinator Duties and Responsibilities
The County Director or his/her designee will serve as Site Coordinator to ensure that voter registration services are successfully administered. Responsibilities of the Site Coordinator include the following:
-- maintain adequate supplies of voter registration applications, declination forms, transmittal forms, training materials, and posters
-- train new or reassigned employees on voter registration duties immediately upon hiring or reassignment and ensure re-training twice annually
-- monitor and resolve any issues relating to the voter registration process
-- ensure the timely and accurate transmittal of completed voter registration applications to the county circuit clerk within 5 business days of completion by the client
-- communicate with local and state election officials to ensure that materials are current
-- contact State Operations concerning any issues or problems regarding the voter registration process
-- serve as contact person on voter registration matters for state and county election officials
-- on a weekly basis, review completed voter registration applications and declination forms to ensure the forms are completely filled out. Ensure that the county office name is noted in Section I of the voter registration application.
-- display NVRA posters in the office's lobby
Note: Regional Directors shall monitor county voter registration activities to ensure that NVRA guidelines are being met.
The Site Coordinator is responsible for supervising the daily voter registration activities at the location. The Site Coordinator should be well trained in the registration practices required of the agency. The Site Coordinator should monitor agency activities and quickly work with employees to resolve any noted deficiencies.
The Agency Coordinator will review the data compiled by Site Coordinators from the NVRA Data Reports on a monthly basis to determine whether offices are performing their NVRA responsibilities. If a review of the numbers indicates that an office is underperforming in its obligations, as required by the NVRA training manual, the Agency Coordinator shall require the Site Coordinator to take immediate action and submit a report on such follow-up measures within a month of being notified by the Agency Coordinator. The Agency Coordinator shall forward copies of all such communications to the Secretary of State's office. If the Agency does not take appropriate remedial measures, the Secretary of State shall perform an audit of the office's voter registration practices.
NVRA performance should be included in all employees' evaluations.
NVRA Reporting
County offices will be responsible for submitting all voter registration applications to the county circuit clerk's office within five (5) business days of completion of the application. This includes any applications completed to update an existing registration. Attachment C, NVRA Transmittal Form, should be used to submit the applications to the circuit clerk. The timely delivery of voter registration applications is extremely important to ensure that all individuals are properly registered to vote. When submitting voter registration applications to the county circuit clerk's office, please use the following procedure:
-- All fields on the NVRA Agency Voter Registration Application Transmittal Form should be completed, with a copy of the form retained in an office administrative file.
-- The transmittal, along with all voter registration applications, should be placed in a secure and sealed envelope. Date of birth, social security numbers, telephone numbers and the agency of registration are confidential and should be kept from public view.
-- For every Mississippi election, the voter registration deadline falls 30 days prior to the election. County office staff should be aware of these deadlines and transmit applications as soon as possible when a registration deadline is near.
In order to meet NVRA reporting requirements, special coding must be entered on the Marital Status (MAST) screen in MAVERICS to capture voter registration activity. Coding entered on MAST will indicate the date of voter registration for the household member being interviewed, when the registration took place (either at application, reevaluation, or when the household reports an address change), and whether or not the client checked "yes" or "no" on the declination form (or left the form blank). Using this MAST coding of voter registration activity, Management Information Systems (MIS) will produce the "NVRA Data Report" to be submitted by State Operations via email to the Mississippi Secretary of State's office. This monthly report will indicate the date of actual voter registration, not the MAVERICS system month, in which the registration occurred.
Example: At recertification interview on March 5th for the new certification period beginning in April 2011, the 35-year-old PI wishes to register to vote. The PI checks "yes" on the declination form and fills out and signs the voter registration form on the date of interview. On the MAST screen, the worker enters the NVRA date of 03/05/2011, along with the NVRA "type" code of "R" to indicate registration occurred at recertification/reevaluation and the NVRA code of "Y" that the client indicated on the declination form that he/she wished to register to vote. Even though the system month at the time of voter registration is April 2011, the application is considered to have occurred in March 2011 and the form will be included in the applications submitted to the circuit clerk's office during the month of March. The NVRA Data Report will reflect that voter registration associated with this case occurred in March.
Example: The PI reports in person on April 27 that the household has moved. Based on this reported change, the PI is offered the chance to update voter information and fills out the voter registration form including the section used to update the household's address. The county worker will access the MAST screen in the current system month of June and enter the NVRA date 04/27/2011, the NVRA "type" code of "C" to indicate an address change and the NVRA code "Y" to indicate the client's desire to be registered at the new address. Though the change of address is documented in the system month of June, the change is considered to have occurred in April and the form will be included in the applications submitted to the circuit clerk's office during the month of April. The NVRA Data Report will reflect that the address change occurred in April.
Upon request, voter registration forms may be provided for other household members who may wish to register. If additional voter materials are provided, the case should be documented and the household member or representative informed that completed forms may either be returned to the county office or submitted to the county circuit clerk's office. When voter registration forms are returned to the county office, the worker must enter the appropriate information on the MAST screen and document IIDO.
See Volume X, Chapter 3, for instructions on MAST coding of voter registration activity.
Training
All county offices must train new or reassigned employees on voter registration duties immediately upon hiring or reassignment. All staff must be trained regarding NVRA procedures on a semi-annual basis. For training assistance, county offices should contact State Operations who will coordinate training through the Secretary of State's Office. Training material will include NVRA policy found in Chapter 1 of Volume III and Chapter 1 of Volume V, along with the NVRA Training Manual located in the "Training Resources" folder in Interwoven/Worksite.
County offices will be required to submit a report of all employees who attended the training via the MDHS-EA-106 to State Operations within one month of the training.
Prohibitions
When providing voter registration services, MDHS employees must not engage in the following:
-- seek to influence a client's political preference or party designation (voter registrants are not required to declare party affiliation in Mississippi)
-- display any political preference or party allegiance
-- make any statement to a client or take any action for the purpose of discouraging the client from registering to vote; or
-- make any statement to a client or take any action that would lead a client to believe that a decision to register or not to register has any bearing on the availability of services or benefits the client will receive.
Registration of 17-Year-Olds
Mississippi law allows persons who will be 18 years of age on or before the date of a November general election to vote in a primary election associated with that general election. Therefore, the agency may determine that in some instances a 17-year-old household member is eligible to register to vote. If a 17-year-old will turn 18 on or before the general election date in November, the 17-year-old can register and vote in the primary election held earlier in the same year, and must be provided with a voter registration application and declination form at each application, reapplication, and change of address transaction.
Manual Page 1030 Rights and Responsibilities.
RIGHTS OF APPLICANTS AND RECIPIENTS
The determination of a person's initial or continued eligibility for assistance payments shall be conducted in a manner consistent with his rights under the Social Security Act as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1 996 (Public Law 104-193), Title VI of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973, Title II of the ADA, and State laws. Thus, any practice which violates an individual's privacy or personal dignity, subjects him to any form of harassment, infringes on his constitutional rights, or discriminates on the basis of race, color, national origin, gender, disability, political beliefs or religion is forbidden.
The above cited laws and other state and federal laws give each applicant and recipient:
1. The right to apply for assistance and to have eligibility determined promptly. Chapter 7, The Application Process, sets out procedures for taking applications in county Economic Assistance offices and other places and the time limits for processing applications.
2. The right to a choice in programs when the person may meet eligibility requirements in more than one program. This includes the right to be told the advantages of each program for which he may be eligible.
3. The right to participate in establishing eligibility by giving facts about his circumstances that relate to his eligibility and by obtaining, or authorizing the worker to obtain, documents or information from others when necessary for determining eligibility.
4. The right to timely notification of disposition of the application for assistance.
5. The right to assistance upon determination that the legal and administrative eligibility requirements are met.
6. The right to the unrestricted use of a money payment unless the appointment of a guardian, conservator, or protective payee has voided this right.
7. The right to a confidential relationship with the agency. Information concerning the client and his family shall not be released without the client's permission unless the disclosure is directly related to administration of the TANF program or another federal or federally-funded program which provides assistance, in cash or in kind, or services directly to individuals on the basis of need.
The records of the disbursement of funds or payments to recipients of any and all assistance under programs administered by the state or county Departments of Human Services showing the names of the recipients and the amount of the individual benefits shall only be disclosed according to federal regulations regarding disclosure of information for TANF and Food Stamp Programs, and federal laws regarding use of electronically exchanged data.
Any person, firm, corporation, or association of the agency who or which shall violate any provisions of State law 43-1-19 shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than One Hundred Dollars ($ 100.00) or more than Five Thousand Dollars ($ 5000.00), or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment in the discretion of the court.
8. The right to advance notice of reduction or termination of payments except in certain circumstances which are specified in Chapter 7, Certification and Authorization.
9. The right to a hearing when (a) dissatisfied because an application for financial assistance is denied or is not acted upon with reasonable promptness; (b) when aggrieved by any agency action resulting in suspension, reduction, or termination of assistance; and (c) a written request for a hearing is made within twenty days from the date of mailing of the notice that instigated the request. See Chapter 13, Hearing Process, for an exception to the right to a hearing, possible extension of the time period for requesting a hearing, access to case record materials to be used in the hearing, and other details of the hearing process.
10. The right to review information, such as agency policies and case material, used in determining eligibility for the budget group; however, the agency reserves the right to limit access to social and medical information unless such material is to be considered in a fair hearing. Refer to Chapter 1, Confidentiality and to Chapter 13, Hearing Process, for further discussion on this subject.