Narrative: a.

Nebraska will continue to serve families who are Nebraska residents and:

• Are composed of either one or two parents; or
• Specified relatives, conservator, or guardian; and
• Who are expecting their first child to be born within the next 90 days; or
• Who care for children under the age of 18; or
• Up to age 19 if still in secondary school or participating in Employment First after dropping out of school; and
• Whose family’s income and resources meet the current means test.
  Nebraska will operate a statewide program which provides temporary financial assistance for needy families with minor children and a mandatory work program known as the Employment First Program.

Eligibility for TANF

Nebraska’s TANF cash assistance program is called Aid to Dependent Children (ADC). Eligibility is limited to needy families with dependent children or parent(s) with an unborn child in the final trimester. A needy family is defined as a family consisting of children who are living in the home of a relative, guardian, or conservator, unless removed from that home by judicial determination and whose income and resources are below the standards which are applied on a statewide basis.

Usually the child shares the same household with the parent, relative, guardian or conservator. However, a home is considered to exist as long as the parent or relative exercise responsibility for the care and control of the child, even though circumstances may require the temporary absence of either from the customary family setting. Allowable absences include:

1. A child receiving medical care or education which requires the child to live away from the home.
2. A child out of the home for a visit not to exceed three months.
3. Emergency situations that deprive the child of a parent, relative, guardian, or conservator’s care (may not continue beyond three months except in case of extended hospitalization).

If the child is living with a relative, the relative must be a father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, second cousin, nephew, or niece. These relatives may be half blood, related by adoption, or from a preceding generation. A child may also live with the spouse of any persons previously named even after death or divorce has terminated the marriage. The child may also live with a court appointed guardian or conservator.

The needs of the parent(s), needy caretaker relative, guardian or conservator may be included in the ADC financial payment. To be eligible they shall:

1. Assign support rights to DHHS;
2. Cooperate with the Child Support Enforcement Unit;
3. Live with the child in a place of residence they maintain;
4. Be in need, as determined by assistance requirements and standards;
5. Cooperate in developing and completing a Self–Sufficiency Contract;
6. Not be eligible for the Aid to the Aged, Blind and Disabled (AABD) medical assistance program.

If there is more than one child in the household of a non–relative, all children for whom assistance is requested must be included in a single grant unit and budgeted accordingly. Deprivation of parental support or care is not an eligibility requirement. Unmarried parents living together as a family shall be considered a family unit when paternity for the child(ren) has been acknowledged or established. When unmarried parents are living as a family and one parent is ineligible, the ineligible parent and his/her child(ren) are not included in the ADC unit. If otherwise financially eligible, the other parent and his/her children may continue to receive ADC cash assistance. Eligibility for ADC cash assistance must be redetermined every six months. A family will be eligible for financial assistance and services if:

1. The family’s countable income is under the standards in effect on July 1, 2013, adjusted biennially using the Consumer Price Index (CPI) for the previous two years; and
2. Countable resources do not exceed $4,000 for a single individual and $6,000 for two or more.

Any person convicted in federal or state court of having fraudulently misrepresented his/her residence in order to obtain assistance in two or more states is ineligible for ADC cash assistance for 10 years from the date of conviction.

An individual is ineligible for ADC cash assistance during any period in which the individual is:

1. Fleeing to avoid prosecution or custody or confinement after conviction for a crime or attempt to commit a crime that is a felony under the law of the place from which the individual is fleeing; or
2. Violating a condition of federal or state probation or parole.

An individual who commits any offense after August 22, 1996, which is classified as a felony and which has as an element the possession, use, or distribution of a controlled substance and is convicted under federal or state law after August 22, 1996, is permanently ineligible to be included in the ADC cash assistance unit.

As a condition of eligibility for ADC cash assistance, a client determined to be a work–eligible individual and subject to Employment First participation must complete his/her Employment First Self–Sufficiency Contract before the family can be determined eligible to receive ADC cash assistance. If a client does not cooperate in developing and completing an Employment First Self–Sufficiency Contract, the family is ineligible for ADC cash assistance.

Benefits

Effective September 1, 2015 the maximum amount of ADC cash assistance provided will be fifty-five percent (55%) of the ADC Standard of Need based on the number of eligible members in the unit. ADC cash assistance eligibility is determined in two steps, the first step is determining initial eligibility during the application process. If the unit is found eligible during step one, the second step is determining the units grant amount or ongoing grant eligibility. Once a unit is found eligible during step one, they are not again subjected to step one unless a financially responsible adult is being added to the unit.

1. Determining eligibility during the initial application process, or, when adding a financially responsible individual to an existing ADC unit, consists of the following steps:
   1. Calculate total gross earned income;
   2. Subtract 20 percent of total gross earned income;
   3. Subtract child care expense paid out-of-pocket;
   4. The result after step C is the net (countable) earned income.
   5. Compare the result of step D to the appropriate standard of need;
   6. If the result of step D is less than the appropriate standard of need, proceed to #2. If the result of step D is greater than or equal to the standard of need, proceed to step G.
   7. If during the initial application process, deny the application. If when adding a financially responsible individual to an existing ADC unit, determine eligibility for transitional benefits.
2. Determining ongoing eligibility will consist of the following steps:
   1. Calculate total gross earned income;
   2. Subtract 50 percent of total gross earned income;
   3. Subtract child care expense paid out-of-pocket;
   4. The result of step C is the net (countable) earned income.
   5. Subtract the net (countable) earned income from the appropriate Standard of Need;
   6. Compare the result of step E to the appropriate payment standard and show lower amount;
   7. Subtract unearned income from the amount shown in step F;
   8. The result of step G is the amount of the grant.

ADC cash assistance is time limited for families that include an adult or minor parent who meets the federal definition of a work–eligible individual. Families subject to the time limit may receive an ADC cash payment for which they are eligible for a total of 60 months in a lifetime. The 60–month lifetime limit begins with the first month the family is determined to be eligible for and receives ADC cash assistance.

Childcare assistance may be available at no cost to families receiving ADC cash assistance or whose gross earned and unearned income is at or below 100 percent of the Federal Poverty Level. Families whose incomes are above the current income standard for the full Child Care Subsidy program may be eligible for a partial subsidy if their gross earned and unearned income is at or below 185 percent of the Federal Poverty Level. Families must show a need for receiving Child Care Subsidy, such as, but not limited to; job search, employment, education, and training, incapacitated parent, and need to obtain medical care.

Transitional benefits

An ADC case may receive up to five transitional cash payments, each payment being equal to one fifth of the ADC Payment Standard for the family’s size at the time the family becomes ineligible for an ADC cash payment if:

1. The unit lost eligibility for an ADC cash payment because of increased earnings or increased hours of employment of the parent or needy caretaker relative or guardian or conservator.
2. The unit meets the requirements to qualify for Transitional Medical Assistance.
3. The unit must have lost eligibility for an ADC cash payment in the month immediately preceding the first month of eligibility for the transitional cash payment.
4. In order to continue to receive transitional cash payments for the full five–month period, the family must meet the following requirements:      
   1. The family’s earned income cannot exceed 185 percent of the Federal Poverty Level for the family’s size;
   2. The parent or needy caretaker relative or guardian or conservator must be employed;
   3. The family continues to reside in the State of Nebraska;
   4. The family must continue to include a dependent child; and
   5. The family must remain ineligible to receive an ADC cash payment.

Transitional cash payments will be funded with state dollars only. The state general funds used for transitional cash payments will apply towards Nebraska’s Maintenance–of–Effort requirement. This additional cash benefit was created effective October 1, 2007.

A family whose income upon redetermination exceeds 185 percent of the Federal Poverty Level becomes eligible for Transitional Child Care. A family whose income exceeds 130 percent of the Federal Poverty Level may receive Transitional Child Care until the family’s income exceeds 185 percent of the State Median Income during the eligibility period or 185 percent of the Federal Poverty Level at redetermination; If the income of a family receiving Transitional Child Care falls to or below 130 percent of the Federal Poverty Level, Transitional Child Care ends and the Department will redetermine the family’s eligibility for other types of Child Care Subsidy.

Employment First

ORIENTATION ASSESSMENT/SELF-SUFFICIENCY CONTRACT.  The orientation is done as an introduction to the Employment First program and the comprehensive assets assessment. The orientation highlights the responsibilities that the client will be expected to fulfill if s/he becomes eligible for ADC cash assistance. The orientation also provides the participant with detailed information on all Employment First requirements, program expectations, participation options, services, and time limits. An assessment will be completed with each participant. The purpose of the assessment is to gather and organize information about the participant’s skills, aptitudes, strengths, interests, goals, prior work experience, family circumstances and employability. The assessment is an ongoing process. Reassessment occurs when a participant’s circumstances change, when s/he is not able to continue forward movement in the activities included in his/her Self-Sufficiency Contract, or at any time the case manager and/or the participant determines it is necessary.

Based on the results of the assessment, an individualized Self-Sufficiency Contract, which incorporates a detailed Service Plan, will be developed. The Contract will stress urgent action toward economic independence. It will outline and define both DHHS’ responsibility and the family’s responsibility. The Service Plan will be used as a flexible tool. If the participant is not achieving progress in his/her Contract, it will be evaluated and changed accordingly.

Supportive Services

Supportive Services will be provided to the extent determined necessary to permit the individual to participate in any Employment First approved work activity, including the administrative process of orientation, assessment, self-sufficiency planning, and Self-Sufficiency Contract development, if no other source is available. Case management and necessary supportive services may be provided for the duration of the client’s participation in all Employment First approved work activities and, if needed, after the loss of eligibility for ADC cash assistance due to earned income, and if the individual was either cooperating with or participating in Employment First at the time.

1. Extended Employment First Supportive Services  can be provided for up to three months for all approved work activities included in his/her Self-Sufficiency Contract; and
2.  Transitional Employment First Supportive Services can be provided for up to six months if the Supportive Services are determined as necessary and critical for maintaining and/or retaining their employment.

Supportive Services include the following:

• Clothing. The purchase of clothing that is necessary for the individual to effectively participate in any of his or her approved component activities as well as for employment may be approved.
• Expenses for Education and Training. The participant must apply for student financial aid before Job Skills Training, Vocational Training or Post-Secondary Education can be approved and included in the Self-Sufficiency Contract, unless the program is not eligible for student financial aid or the participant has other financial resources available to pay for the cost of training.

1. Certification Programs. Expenses related to training programs that are not covered by student financial aid can be considered if there is no other source of payment.
2. Adult Education Programs. The registration fee for all approved adult education programs may be authorized
   Employment Expenses. Expenses necessary and required for employment, such as uniforms, special clothing, or tools, may be authorized.  There must be verification from the employer that the items required are required for employment.  Transportation expenses may be provided until the participant receives their first full pay check from their job.  Expenses related to the start-up or development of a business are not allowed.

• Medical Services. Employment-related medical services not covered by Medicaid may be authorized if they are necessary for the client to participate in Employment First activities or accept employment.  The participant must have cooperated to establish Medicaid eligibility.  Medical services are authorized at Medicaid rates.
   
• Relocation. Expenses related to relocation may be authorized if necessary for the participant to accept employment or participate in an education or training activity.  In order to have such expenses authorized it must not be feasible for the participant to commute on a daily basis.
• Transportation. The Department may authorize payment for transportation to enable a participant to participate in any Employment First component.  Bus tokens or tickets, commercial transportation, gasoline vouchers, car repairs, and relocation assistance are some examples of transportation services that can be provided.  Public transportation must be used when available.
•  Vehicle Repairs. Allowable repairs are those that are necessary for the vehicle to be in safe and reliable operating condition.  Cosmetic repairs cannot be authorized. Repairs cannot be authorized if the cost of all repairs during a 12 month period exceeds the value of the vehicle.

1. Vehicle Purchase. The purchase of an automobile is allowed for participants who have been gained permanent employment for 30 or more hours per week and no other transportation is available.  There must be verification that the employment is a permanent position and the participant will be working 30 or more hours per week.  There must be documentation that the participant has a valid driver’s license.  The purchase price is limited to $2,000.
2. Vehicle loan payment. Car payments can be authorized one time in a 12 month period if the participant has a notice of repossession and the payment will resolve the emergency
3. Commercial Transportation. Commercial transportation can only be authorized for up to four weeks in a 12 month period. 
    
4. Fuel and Oil. Fuel can be provided for transportation to and from the individual’s home and the approved activity site.  This includes transporting children to and from their child care provider or school if child care transportation by the child care provider or school is not available.  There must be documentation that the participant has a valid driver’s license, and current insurance and registration for the vehicle being used.  An unlicensed participant may receive a gas voucher if they are going to use it as a contribution to a car pool or to someone else who is providing them transportation for Employment First purposes.  Fuel should not be authorized for participants engaged in AmeriCorps or Federal work study because stipends from these programs are intended to cover transportation expenses.
    
5. Vehicle Registration. Up to $500 of the cost of registering a participant’s vehicle is allowed if the vehicle is required for participation.  The cost of specialty license plates must not be authorized.  There must be documentation that the participant has a valid driver’s license and insurance.
    
6. Insurance. Payment of vehicle insurance is limited to a one-time three month premium for basic liability coverage.  Full coverage is allowed if the vehicle has a lien on it and the lender requires full coverage.  The participant must be the owner of the vehicle.
    
7. Driver’s License. The cost of reinstating a driver’s license is allowed unless the lost was due to driving while intoxicated or under the influence of drugs.
    
8. Exempt Public Transportation. Exempt Public Transportation must be utilized prior to all other Transportation if available and appropriate for the participant’s circumstances.

Safety and in-home services

DHHS will use TANF funds to support an array services to assist needy families with children so that children can be cared for in their own homes by DHHS, Division of Children and Family Services (CFS) staff.  The services provided meet the first and fourth statutory purposes of TANF (as specified at §260.20(a) and (d) of this chapter): 

The eligibility criteria will be needs based as indicated by the family’s program eligibility status for Aid to Dependent Children (ADC), Supplemental Nutrition Assistance Program (SNAP), SSI or Medicaid.  Medicaid eligibility will be based on parent income and not state ward status of an identified child. 

The target population is identified through the assessment of maltreatment reports of abuse or neglect by CFS staff.  The target population is families whose child or children (ages 0 through 18) are involved in a proceeding in the juvenile court system and placed in the custody of DHHS (court involved) or whose families are in need of support services to safely care for their children in their own home (non-court involved). 

Nebraska uses Structured Decision Making (SDM) for the assessment of reports of maltreatment. SDM is a set of evidence based assessment tools utilized to provide structure for gathering information at critical case management decision points.  SDM increases the consistency and validity of decisions related to child safety, targeting resources to families at high risk of future maltreatment, supporting decisions for using out-of-home care and determining case closure.  SDM also can be used to aggregate assessment and decision data to inform agency monitoring, planning and budgeting. The goals of the model are to reduce subsequent harm to children including re-referral, repeat maltreatment (in-home and out-of-home), and to reduce the time to permanency for children served by the DCFS.

The array of services include:

1. In-Home Safety Service is a rapid response, home-based intervention service delivered by trained professionals to manage identified safety threats in order to safely maintain the child in the family home.  Trained professionals shall intervene if safety of the child(ren) is compromised.  Trained professionals shall provide training, modeling, and coaching to the parent or caretaker when necessary to facilitate the child remaining safely placed in the family home. 
2. Intensive Family Preservation (IFP) Service is defined as intensive crisis intervention, therapeutic intervention and life skills education for the target population identified below provided in the home or at a location identified in the service referral. This service is designed to strengthen the family system, improve family functioning, increase access to community resources, and assist in accessing informal and formal supports to preserve the family unit.  This service is designed to create sustainable change in the family unit by focusing on interventions that build on family strengths in order to eliminate safety threats and/or reduce the risk of child maltreatment.  This service must be delivered in the family home or their community, available 24 hours a day, 7 days a week, including holidays and weekends. This service must include multiple face-to-face direct contacts and indirect contacts (e.g. telephone calls, e-mail) with the family each week.
3. Family Support Service is defined as the provision of face to face assistance, coaching, teaching, role modeling, and the supervision of visits when applicable by a trained professional in the family home or community based setting. Family Support Service promotes family well-being and enhances the protective factors i.e., knowledge of parenting and child development, resilience, social connections, concrete supports, and social and emotional competence.
4. Agency Supported Respite Care is defined as the temporary care and supervision of youth referred by DHHS that is provided in a licensed foster home during an urgent or pre-planned situation.  The Contractor shall communicate all known information about the child to the respite care family.  The Contractor will also provide input to planning processes i.e. Family Team Meetings, Independent Living Plans and preparation of Case Plans and Court Reports when requested by DHHS.  The Contractor will provide any information requested by DHHS necessary to complete reports required by any applicable Federal or State law and regulation.  The Contractor shall be in compliance with all DHHS policy and regulation, to include regulation and licensure established by the Division of Public Health.  The Contractor shall be responsible for transporting children in respite care to their home school, activities, and services that are located within a 25-mile radius from the foster care home.  Activities and services are expected to include visits with the child’s family members, behavioral health appointments, medical appointments, and extra-curricular activities
5. Drug Testing and Lab Confirmation Service is defined as a point of collection test by a trained employee in which specimens such as urine, saliva, and breath are used to determine a positive or negative drug test result.  Collection of a urine specimen will be conducted through line of sight observation of the client by a trained employee of the same gender. Drug testing includes the collection of a sweat specimen obtained through the use of a patch.  A refusal by the client is defined as the client choosing not to provide a specimen to the Contractor at a designated time and place.  All refusals must be reported to the DHHS case manager or supervisor by the end of the next business day, unless otherwise noted in the service referral.   A no show by the client is defined as the client not being present to provide a specimen to the Contractor at the designated time and place.  All no shows must be reported to the DHHS case manager or supervisor by the end of the next business day, unless otherwise noted in the service referral. Laboratory test confirmation is defined as screening the collected specimen by a laboratory to detect the presence of a specific drug(s) or substance(s) and the concentration of the drug(s) or substance(s) as identified and requested in the Service Referral.  Laboratory test confirmation includes the written verification of the results. The Contractor’s drug testing protocol and policy shall be consistent with the Substance Abuse and Mental Health Services Administration (SAMHSA).  The Contractor’s drug testing protocol, policy, and rates shall be submitted to each Service Area Contract Liaison where the service will be provided.
6. Family Peer Support services are time limited and designed for the caregiver of a youth with a severe emotional disturbance or substance use disorder, and who has experienced behavioral/emotional challenges in the home, school, and/or community.  Services utilize a parent peer coaching model to facilitate system navigation, accessing community resources and other benefits, engaging with formal and informal supports to ensure that the elements of the family plan for the youth and family are planned for and progress towards goals and objectives occur.  Services are designed to increase capacity and skills to prevent/stabilize crisis within the family, caregiver, or prevent out of home placement of the youth.

*Please note, a Federal Court has ruled it is unconstitutional to mandate drug test for Public Welfare individuals.