Page 565

COMBINED MANUAL

ISSUE DATE 05/2017

CHILD SUPPORT SANCTIONS

0012.24

MFIP: IV-D determines when caregivers with children fail to cooperate with support requirements. When notified by the Child Support agency of non-cooperation, reduce the unit’s grant (cash/food portion) by 30% of the unit’s Transitional Standard. Act on the reported change as soon as possible but no later than 10 days from the date notified, allowing for 10-day notice. If the 10th day is after 10-day notice cutoff, impose the sanction no later than the next available month allowing for 10-day notice. The residual amount of the grant, if any, must be paid to the caregiver. Non-cooperation with IV-D requirements also results in the loss of child care benefits. See 0020.09 (MFIP/DWP Assistance Standards), 0026 (Notices).

Do not impose a sanction when a caregiver complies with support requirements prior to the effective date of the sanction. If you do impose a sanction, and the caregiver subsequently complies, remove the sanction the month following the month that he/she complies.

Caregivers who are not themselves on the MFIP grant are still required to cooperate with Child Support. This applies to parental caregivers who are not receiving MFIP because they receive SSI, are ineligible non-citizens, or are removed from the grant due to fraud, EBT misuse, a drug felony or for any other reason. It also applies to the 2nd parent in a 2-parent household who has chosen the post-60 removal option. Failure to cooperate results in a sanction occurrence against the caregiver and reduces the MFIP grant by 30%, even when the grant is issued for the needs of the child(ren) only.

Non-parental caregivers receiving assistance for a child(ren) MUST cooperate with Child Support even if they do not receive assistance for themselves. They must be sanctioned if IV-D determines non-cooperation. Instead of incurring a sanction, a relative caregiver may choose to remove the child(ren) from the unit, unless the child(ren) is required to be in the unit.

Do not impose a sanction when the Child Support agency reports a caregiver has not cooperated for a child who is no longer receiving MFIP.

After a notice of sanction is sent, the caregiver may then claim good cause. Give the participant the Cooperation with Child Support Enforcement (DHS-2338) (PDF) and send a copy of the signed notice to the child support agency. While the good cause committee is reviewing the claim the caregiver is considered to be cooperating. Do not sanction the case during the period the committee is deciding on the claim. If the claim is denied, the sanction would then be imposed. See 0012.21.06 (Child Support Good Cause Exemptions).

Consider each month that a caregiver with children fails to comply with support requirements as a separate occurrence of non- compliance. Vendor payment rules apply beginning with the 2nd occurrence of child support sanctions.

Sanctions count towards closure of the MFIP case. A participant will have his/her case closed at the 7th occurrence of non- compliance.

The count toward closure does NOT start over, even if the participant goes off assistance, comes into compliance, and remains in compliance. Use the STAT/SANC panel to track occurrences of non-compliance.

● FOR THE 1ST OCCURRENCE OF NON-COMPLIANCE: Reduce the family’s grant by 30% of the Transitional Standard for the family’s size. The grant reduction must be in effect for a minimum of 1 month and must be removed in the month after the month the participant returns to compliance.

● FOR THE 2ND - 6TH OCCURRENCE OF NON-COMPLIANCE: Vendor pay the shelter costs up to the amount of the cash portion of the grant. At county option, you may vendor pay utilities up to the amount of the cash portion of the grant. Vendor payment rules apply beginning with the 2nd occurrence of child support sanctions. See 0024.09 (Protective and Vendor Payments) for procedures to use when the information necessary to vendor pay is not on file and the vendor refuses to accept partial payment.

Reduce the residual amount of the cash grant after vendor payment, if any, and the food portion by an amount equal to 30% of the Transitional Standard for the family’s size.

The reduction in the grant must be in effect for a minimum of 1 month and must be removed the month after the month the participant returns to compliance.

Continue to vendor pay the shelter (and utilities, if applicable) for 6 months after the month in which the participant(s) return to