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Massachusetts TANF State Plan

recipients who have been adversely affected to be heard in a State administrative or appeal process. Massachusetts will continue to operate the TAFDC program based on objective criteria for determination of eligibility and delivery of benefits according to program rules and procedures. All DTA activities are conducted in accordance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act of 1990, as amended, the Age Discrimination Act of 1975, as amended, and the Massachusetts Constitution. DTA does not discriminate on the basis of race, color, national origin, age, disability, religion, political beliefs, sexual orientation, gender, gender identity or expression, creed, ancestry or Veteran’s status in admission or access to, or treatment or employment in its programs or activities. Massachusetts will continue its current fair hearings process under 106 CMR 343.00 which provides an opportunity for a hearing before a hearings officer appointed by the Division of Hearings (DOH). The DOH is wholly separate and independent from all other offices and divisions of DTA and from all other personnel of DTA. An applicant/recipient has a right to a fair hearing as set forth in the Department’s regulations at 106 CMR 343.000. (a)(1)(B)(v) Not later than 1 year after the date of enactment of this Act, unless the chief executive officer of the State opts out of this provision by notifying the Secretary, a State shall, consistent with the exception provided in section 407(e)(2), require a parent or caretaker receiving assistance under the program who, after receiving such assistance for 2 months is not exempt from work requirements and is not engaged in work, as determined under section 407(c), to participate in community service employment, with minimum hours per week and tasks to be determined by the State. Massachusetts will continue to operate the program under current policy and rules, as indicated in this state plan renewal. If a parent or caretaker is not exempt from the work program requirement as defined by the State, and has received assistance for sixty days, and is not working or substituting work hours with education or training, they are required to participate in community service for the maximum number of hours allowed under the Fair Labor Standards Act, for the hours per week that ensures compliance with 106 CMR 703.150. (a)(1)(B)(v) The document shall indicate whether the State intends to assist individuals to train for, seek, and maintain employment (I) providing direct care in a long-term care facility (as such terms are defined under section 1397j of this title); or (II) in other occupations related to elder care determined appropriate by the state for which the State identifies an unmet need for service personnel, and, if, so shall include an overview of such assistance. Massachusetts does not intend to exercise the above options at this time. TANF CERTIFICATIONS