Narrative: c.

Mississippi will ensure that a work eligible individual (an adult head of household or a needy caretaker relative) receiving assistance under the Program will engage in work activities in accordance with Section 407 of Title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (reauthorized by DRA of 2005). Work requirements and activities are defined in the Combined State Plan, TANF section (b) above. This document will be open for public review and comment according to the Administrative Procedures Act. The work requirements and activities are tracked through the system (MAVERICS and JAWS) interface throughout the period of assistance to ensure compliance is met, appropriate penalties imposed, and time limits not exceeded.

Exemptions: TANF mandates participation in approved work activities for all adult recipients who do not meet specific exemption criteria. All adults who are not specifically exempt will be referred for work activities. When appropriate, reasonable accommodations and language assistance will be provided to recipients to ensure meaningful access and effective communication. An adult included in the TANF grant assistance unit may be exempt from the mandatory work requirements for one of the following reasons:

• Incapacitated and not eligible for vocational rehabilitation services
• Temporary illness or injury
• Pregnancy in third trimester if there are verified complications with the pregnancy
• Caretaker of a child under 12 months old (up to 12 months)
• Caretaker of an ill or incapacitated person
• Age (over 60 and under 18)
• Domestic violence victim (up to 12 months)
• Caretaker in two-parent family of a child who is mentally retarded or physically handicapped

The State may exempt a TANF recipient from work requirements while receiving treatment for substance abuse, as long as the recipient is in compliance with the treatment plan. If certain criteria are met, the recipient’s treatment plan may be defined and countable under the TWP job readiness activity. State law and Public Law 104-193 provide for a full benefit sanction of TANF and comparable SNAP sanctions until compliance for families in which the non-exempt individual refuses, without good cause, to participate.

Sanctions: If any adult in a household refuses without good cause to participate in work as required under TANF, the following full benefit sanction will apply. When appropriate, reasonable accommodations and language assistance will be provided to recipients to ensure meaningful access and effective communication to assist them in the conciliation process. If necessary and appropriate, the need for disability and language related accommodations are bases for good cause.

VIOLATION-------PENALTY (WHICHEVER IS LONGER) 1st Violation------2 Months Minimum or Until Compliance 2nd Violation-----6 Months Minimum or Until Compliance 3rd Violation-----12 Months Minimum or Until Compliance 4th Violation------Permanent Disqualification

NOTE: For a two-parent family, the parent who was meeting work requirements, but lost TANF benefits due to the other parent’s non-cooperation, may open his/her own case with the dependent children after six months. Mississippi will comply with the mandatory work requirements and strive to meet the participation rates required. In fiscal Year 2000, 40% of all families receiving assistance must be in a countable work activity. The percentage increased to 45% in Fiscal Year 2001 and 50% in Fiscal Year 2002 and the first quarter of Fiscal Year 2003. Currently, the rate remains at 50% under the TANF program reauthorization. Participation rate requirements may be adjusted based on reduction in the caseload. Beginning October 1, 2001, State funds were used for cash assistance payments for two-parent families. The State does not claim these expenditures against the Maintenance of Effort requirement. Therefore, federal mandatory work requirements and participation rates do not apply to the State’s two-parent families. The State will not reduce or terminate assistance to a single custodial parent caring for a child under age six (6) for refusing to engage in work, if the parent demonstrates an inability to obtain appropriate, quality childcare. The parent’s demonstrated inability must be for one of the following reasons:

a. Appropriate childcare is unavailable and/or unaffordable. Appropriate childcare is defined as a licensed childcare center or a family day care (home or an individual) chosen by the parent/caretaker relative to care for the child. The childcare provider must be 18 years old or older.

• Appropriate childcare must be within a reasonable distance (within a 20-mile radius) of the parent/caretaker relative’s home or worksite.
• Appropriate childcare must be affordable. Affordable formal childcare is childcare that is equal to or less than the established rates for the type of care according to the Division of Early Childhood Care and Development.

b. Informal childcare by a relative or under other arrangements is unavailable or unsuitable. Unavailable or unsuitable childcare shall be defined as a situation involving child abuse, neglect or an unsafe environment. If the parent/caretaker relative refuses to take the child to a particular day care center, he/she must inform the case manager of the reason for the refusal. The case manager must investigate to verify and substantiate the parent’s claim of unsuitable childcare. Complaints involving child abuse, neglect or an unsafe environment will be reported to the MS State Health Department, Division of Child Care Facilities Licensure. The case manager must contact the Division of Early Childhood Care and Development (DECCD) representative to discuss the problem and determine what other childcare services are available in the area. The case manager will determine good cause for non-participation based on the investigation and information gathered. Parental complaints regarding a breakdown in receiving childcare services or against a DECCD representative must be submitted in writing to the Director, Division of Early Childhood Care and Development, Mississippi Department of Human Services, Post Office Box 352, Jackson, MS 39205. The parent/caretaker relative may also contact the DECCD Resource and Referral telephone line (1-800-877-7882).