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Plan: Louisiana PYs 2024-2027
Combined Plan C

Section: Temporary Assistance for Needy Families Program

Narrative: k.

Published
Located in:
  • Temporary Assistance for Needy Families (TANF)

    States that include TANF in the Combined State Plan must outline how the State will meet the requirements of section 402 of the Social Security Act including how it will:

    (OMB Control Number: 0970-0145)

k. Set forth objective criteria for the delivery of benefits and the determination of eligibility and for fair and equitable treatment, including an explanation of how it will provide opportunities for recipients who have been adversely affected to be heard in a State administrative or appeal process (section 402(a)(1)(B)(iii) of the Social Security Act)

View corresponding narrative from PYs 2022-2023 (Mod)

Current Narrative:

The DCFS Bureau of Appeals is responsible for providing a system of hearings that must meet the due process standards set forth in federal regulations, state laws and Goldberg vs. Kelly 397 US 254 (1970).

Each applicant is informed by the application form and by the appropriate notification forms (as decisions are made affecting his case) of his right to a hearing, of the method by which a hearing may be requested, and who may present his case.

The claimant may represent himself at the hearing or be represented by any authorized agent.

When a decision is made on a case, the client is notified and is allowed the following number of days from the date of the notice to request a Fair Hearing:

  • FITAP 30 days,
  • STEP Program 30 days,
  • KCSP 30 days.

The client may appeal at any time during a certification period for a dispute of the current level of benefits. An appeal is timely requested if the appeal request:

  • Is delivered on or before the due date; or
  • Mailed on or before the due date. If the appeal request is received by mail on the first working day following the due date, there shall be a rebuttable presumption that the appeal was timely filed.

Recipients of FITAP and KCSP who request a Fair Hearing prior to the expiration of the Advance Notice of Adverse Action or within 13-days of the date of Concurrent Notice must have benefits continued at, or reinstated to, the benefit level of the previous month, unless:

  • The recipient indicates he does not want benefits continued;
  • A determination is made at the hearing that the sole issue is one of existing or changing state or federal law; or,
  • Change unrelated to the appeal issue affecting the client’s eligibility occurs while the hearing decision is pending and the client fails to request a hearing after receiving the notice of change.

A decision by the hearing authority shall be binding on the Department of Children and Family Services and shall summarize the facts of the case, specify the reasons for the decision, and identify the supporting evidence and the pertinent state or federal regulations. The decision shall become a part of the record. The household shall be notified in writing of the:

  • Decision,
  • Reasons for the decision,

Available appeal rights, and Right to pursue judicial review of the decision.