us-mt/policy/acf/tanf-plan

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us-mt/policy/acf/tanf-plan · Axiom

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Montana State Plan for the 4 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021.

I. PREFACE The Montana Department of Public Health and Human Services (DPHHS) is directed to file a Temporary Assistance for Needy Families (TANF) state Plan as required by federal regulations. This plan sets forth criteria for the determination of eligibility and the delivery of benefits, and for the fair and equitable treatment, including an explanation of how the state will provide opportunities for recipients who have been adversely affected to be heard in a State administrative hearing process. In the administration of its TANF program, the State of Montana will not discriminate based on race, color, national origin, age, sex, physical or mental disability, religion, creed, marital status, or political beliefs. II. GENERAL PROVISIONS OF TANF A. Intention of the Program Montana’s TANF program is designed to ensure families are meaningfully engaged to accomplish their goals related to family stability, employability, and financial security. Montana values engaging low-income families in services and strategies that result in meaningful, self-supporting employment as the best strategy for promoting long-term well- being for those in poverty.

. Montana’s statewide employment and training program is titled Pathways. Pathways, in addition to providing education, training or other work activities to families who are eligible for TANF Cash assistance, provides TANF eligible families with income at or below 200% of FPL access to a variety of employment and training opportunities. Pathways uses a universal engagement model, where families engage in activities to support their journey to self-sufficiency that make sense for their personal or family circumstances. The approach is person-centric, using person-centered planning and self-direction principles of leveraging an individual’s strengths and desires and addressing her or his unique barriers within employability/service plans. It is also community-centric, leveraging the strengths and assets of a community to collectively support families without duplicating efforts, services, or supports. Pathways’ client advocates provide strength-based coaching, support, and mentoring for families on achieving person-centered goals. This will include, but is not limited to; assessments, ongoing budgeting, financial coaching, brokering of services, referrals to community services and other services appropriate to reduce barriers.

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Montana State Plan for the 5 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021.

III. MONTANA’S TANF PROGRAM Per section 402 (a)(1)(A)(i) of the Social Security Act, Montana will conduct programs designed to serve all political subdivisions in the State (not necessarily in a uniform manner) to provide assistance and/or services to needy families with (or expecting) children and provide parents with job preparation, work, and supportive services to enable them to leave the program and become self-sufficient. A. Federal, State and Maintenance of Effort (MOE) funds are spent on several assistance and non-assistance programs that meet the requirements of federal law and regulations. These items include: 1. The TANF Cash assistance program is a time-limited program (60-months) designed to provide low-income single, two-parent and caretaker relatives with minor children a monthly cash grant, employment/training activities, and educational opportunities. 2. Beginning January 1, 2008, Montana implemented a Post-Employment Program to provide transitional assistance to families transitioning off TANF Cash assistance due to new or increased earned income exceeding the Gross Monthly Income Standard and/or the Benefit Standard and continue to meet all other TANF eligibility including resources at or below $3,000. August 1, 2016, Montana enhanced the Post-Employment Program, extending the program from 3 to 12 months and includes access to supportive services, childcare assistance and a benefit that gradually decreases. The monthly benefit is funded by MOE. The benefit and incentive amounts are as follows: o Months 1-6, clients receive a $100 per month post-employment payment. o Months 7-12, clients receive a $50 per month post-employment payment. o A $300 Work Pays Incentive is given in months 1, 7 and 12. 3. Beginning July 1, 2005, TANF cash families are eligible to receive a Child Support Supplement Payment. The amount is based on current child support collected from a non-custodial parent, equal to the amount of current child support collected, up to but not exceeding the amount designated by the State’s TANF Policy per TANF household. 4. As of January 1, 2017, TANF employment and training services are provided through contracted partner(s) throughout the state. Montana’s statewide employment and training program is titled Pathways. Funds are used to provide education and training or other work activities to families who are eligible for TANF Cash assistance or are otherwise TANF eligible with income at or below 200% of FPL. Services and funding are based off the contractor’s budget and are

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Montana State Plan for the 6 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. funded by MOE and federal dollars. The funds may be used on, but are not limited to:

o Post-secondary education o Specialized training o Subsidized employment o Financial literacy o Matched savings and Individual Development Accounts (IDA) o Service brokering o Supportive services, and o Other allowable services, on an as need basis, to help individuals and families become stable, able to work and financially secure. 5. Effective August 1, 2007, Montana implemented a Working Caretaker Relative Child Care Program. This program was the result of legislation contained in HB- 2 of the 2007 Montana Legislative Session. This program is designed to assist specified caretaker relatives who are receiving child only TANF grants with childcare costs associated with the minor child(ren) for whom they are receiving TANF cash assistance. To qualify for the program, the specified caretaker relative must: o Pay a $75 per month co-pay (Effective November 1, 2018) o Be receiving child only TANF for a minor child or children. o Be employed as defined by the state. o Complete the application packet for the program and submit it to the Child Care Resource and Referral agency; and o Beginning October 1, 2009, meet the income eligibility requirement of 250% of the current FPL. 6. Emergency Assistance program provides financial assistance on behalf of families with children under age 21 when an unforeseen event causes or threatens to cause the destitution of the child and/or situations where child abuse and/or neglect of a child has occurred or may occur in the immediate future. This eligibility is the same as that found in the State Emergency Assistance Plan that was in effect as of August 21, 1996. Section 3 of Montana’s AFDC State Plan in effect 8/21/96 is attached. 7. The TANF service for Montana is a TANF Information & Referral (I & R) brochure which provides information and referrals to other agencies, programs, organizations and/or community resources that could benefit the entire SNAP household. SNAP federal regulations allow expanding categorical eligibility for SNAP if all members participate in a program, receive a service, or are authorized to receive a service.

If any household member receives the TANF I & R brochure, the whole household may be found expanded categorically eligible because the whole

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Montana State Plan for the 7 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. household benefits from the service. This includes elderly, disabled and childless individuals because the TANF I & R brochure is designed to educate and serve all individuals in the community who want to use the services.

8. Montana operates a Supplemental Services Program (SSP) under a separate state program (MOE funded) which provides some mental health and family stabilization and reunification services for youth. Eligibility includes: o Youth 18 years of age or younger, without regard to emancipation, or if in secondary school, less than 19 years of age, and ▪ have a Serious Emotional Disturbance (SED) ▪ qualify for Healthy Montana Kids Plus (HMK Plus/Medicaid), Healthy Montana Kids (HMK/CHIP) Extended Mental Health Benefit plan or HMK/CHIP authorized Therapeutic Group Home services ▪ countable income of the youth’s family does not exceed 185% of the Federal Poverty level ▪ the requested service is not covered by HMK Plus or HMK Extended Mental Health Benefit plan 9. Maintenance of Effort (MOE) funding is provided to Tribal TANF programs that are approved by the Federal Department of Health and Human Services after July 1, 1999 and choose to base its share of the federal TANF block grant on the same federal fiscal year 1994 service population. (Montana Code Annotated 53-4-210) A tribe or combination of tribes may use the MOE share for monthly cash benefits payments or supportive services costs as allowed under the Montana State plan. 10. In accordance with 45 C.F.R 260.31 (b)(1) Montana may use non-recurrent, short- term (NRS) benefits to help families who are experiencing a specific crisis or episode of need. The NRS benefit cannot extend beyond four months. 11. Court Appointed Special Advocates (CASA) was approved for funding in the 2023 Montana Legislative session. Effective July 1, 2023, funding will be used to expand local CASA/GAL programs so they can maximize their effectiveness while advocating for Montana’s abused and neglected children, and to give every abused and neglected child in Montana the opportunity to thrive in a safe, loving permanent home. Funding will be used to support TANF purpose #1: To provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives. The Department considers any child involved with Child and Family Services Division (CFSD) categorically eligible due to the nature of their circumstances.

12. Home Visiting was approved for funding in the 2023 Montana Legislative session. TANF funding will be used to improve health outcomes for pregnant or parenting mothers and their babies, supporting TANF purpose #1: To provide

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Montana State Plan for the 8 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. assistance to needy families so that children may be cared for in their own homes or in the homes of relatives.

B. TANF Eligible Individuals

Montana has established objective criteria for the delivery of benefits and the determination of eligibility to assure the applicant receives fair and equitable treatment. TANF Cash and TANF non-cash eligibility is outlined below. Eligible individuals include: 1. Minor children (under age 18 or if age 18 but less than 19, attending secondary school full-time). 2. Specified caretaker relatives with whom the minor child is living such as a parent (natural/adoptive parent or stepparent related by marriage to the child's natural/adoptive parent). Any relation by blood, marriage, or adoption who is within the fifth degree of kinship.

3. The minor child's blood-related/adoptive minor siblings or minor stepsiblings living with him/her. 4. Pregnant women in their last trimester who have no other eligible children. 5. Refugees, victims of severe forms of trafficking and other qualified aliens as defined in Title IV of Public Law 104-193 as amended. Aliens (unless excepted by federal law) who enter the United States on or after 8/22/96 are barred from receiving assistance for their first five years in qualified alien status. Individuals not eligible: 1. A minor child or a specified caretaker relative, who is temporarily absent from the home for a period greater than 90 consecutive days with the following exceptions: o The absent member is away from home for medical treatment and is otherwise eligible. o The child’s absence is for the sole purpose of attending a boarding school and the child is expected to return to the home at the end of the school term. o The absent adult is away from home for a specific short-term training or employment.

2. Minor children who are receiving Title IV-E Foster Care payments and whose absence from the home is not considered temporary.

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Montana State Plan for the 9 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. 3. Individuals who are in violation of a condition of his/her probation or parole imposed under state or federal law.

4. Individuals fleeing to avoid being prosecuted for a felony or fleeing to avoid custody or confinement after conviction of a felony. 5. All members of a household which includes an individual who has been convicted after August 22, 1996, of any offense which is classified as a felony in the jurisdiction where the offense occurred and which has an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act [21 U.S.C. 802 (6)] unless the individual is complying with the conditions of supervision, is actively participating in treatment if required, or the sentence associated with the felony conviction has been discharged. 6. Unqualified aliens. Aliens (unless accepted by federal law) who enter the United States on or after 8/22/96 are barred from receiving assistance for their first five years in a qualified alien status. 7. Individuals receiving Supplemental Security Income (SSI) under Title XVI of the Social Security Act.

8. All members of a household which includes specified caretaker relatives who do not assign certain child support rights to the State, cooperate in establishing paternity, or obtain child support as required under Title IV-D. 9. Teenage parents who are not living with a specified caretaker relative within the fifth degree of kinship and who are not approved to live independently or in an alternative adult supervised setting as defined by the State. 10. Individuals found to have fraudulently misrepresented residence to obtain assistance in two or more states. 11. All members of a household which includes an adult who has received assistance for 60 months or more, unless the adult has applied for and been approved for Extended TANF Cash benefits under special circumstances outlined by the state. 12. All members of a household which includes individuals who fail or refuse to negotiate an Employability/Service plan. 13. All members of a household which includes an individual who has been sanctioned for a second or subsequent time and the sanction results in an ineligibility period.

14. Individuals who are incarcerated, even if the individual is expected to return to the home within 90 days.

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Montana State Plan for the 10 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021.

15. An individual who is serving an intentional program violation. 16. All members of a household which include a specified caretaker relative who fails or refuses to comply without good cause with eligibility requirements including providing information and verification necessary to determine eligibility. C. Resource limitations for the TANF Cash program are $3000. The family's resources are evaluated, and the equity value of countable resources as defined by the State cannot exceed $3000. TANF non-cash services do not have a resource limit. D. Income Standards As of July 1, 2023, the TANF Cash income standards are: • The benefit standard is set at 30% of the 2023 federal poverty guidelines. • The gross income standard is 185% of the net income standard. • The net income standard is determined by dividing the benefit standard by 78.5%. • The payment standard is 35% of the 2023 federal poverty guidelines divided by 12. As of July 1, 2023, TANF Pathways non-cash services income standard is 200% of the federal poverty guidelines. E. Budgeting Methodology – TANF Cash Countable earned and unearned income is tested prospectively against the Gross Monthly Income Standard (GMI) and the Benefit Standard for the household size and circumstances. If the family passes the GMI standard, income disregards are subtracted in a specific order from the monthly gross income to establish the family's countable monthly income. If the family's income equals or exceeds either of these standards, the family is not eligible for benefits. If the family’s income is less than the Benefit Standard, the cash assistance grant amount is determined by subtracting the total countable income from the Payment Standard. The income (subject to certain disregards) of certain individuals is deemed when determining eligibility. These individuals who live in the home and are related to the minor child by marriage or parentage, but whose needs are not included in the benefits and/or grant are: 1. The qualified alien’s sponsor and sponsor’s spouse. 2. The spouse or the father of the unborn pregnant woman (in the last trimester of her pregnancy) who has no other eligible child in the home.

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Montana State Plan for the 12 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. 9. Provide verification that any individual in the household who has been convicted of a drug-related felony after August 22, 1996, is actively complying with conditions of supervision, actively participating in treatment, if required, or provide documentation that the sentence has been discharged.

10. The 60-month time clock has not been exhausted. 11. Teen parent living in an approved adult supervised setting, unless he/she is approved to live independently. I. Benefit Issuance Monthly TANF Cash benefits are issued by state warrant, direct deposit, or electronic benefit transfer payable to the minor child’s caretaker relative unless the caretaker relative has clearly demonstrated an inability or unwillingness to use the payment to meet the basic needs of the minor child as determined by a department employee of the division which provides protective services to children. Under these circumstances, the Department will designate a protective payee with the caretaker relative’s assistance. The protective payee may not be anyone directly involved in the determination and authorization of eligibility and/or benefits. J. Redetermination of Eligibility is completed: 1. Monthly on the basis of anticipated changes in the family’s situation.

2. Promptly after a report is obtained which indicates changes in the family's circumstances that may affect the amount of the TANF Cash payment or may make the family ineligible; and 3. By conducting a face-to-face or phone review of all eligibility every twelve months for all TANF Cash and TANF non-cash clients.

K. Employability/Service Plan The State, in compliance with Section 402 (a)(1)(A)(iii) of the Social Security Act, will ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with section 407. Each work eligible (TANF Cash and TANF non-cash) parent/caretaker relative, teen parent or minor child (age 16 or 17) not attending secondary school or other equivalent training program must develop an Individual Responsibility Plan know as an Employability/Service Plan (E/SP). The E/SP is intended to eliminate the barriers that brought about the families need for public assistance. It sets forth a plan for moving the family into a path for family stability, employability, and financial security. The Employability/Service Plan includes:

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Montana State Plan for the 13 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021.

1. An outline of the activities negotiated to support the client’s goals and may include the results of the Montana Bridge Assessment. The client signs the E/SP agreeing to comply with all activities stated therein. The Pathways Client Advocate also signs the E/SP on behalf of the State, acknowledging its obligation to assist the individual in his or her efforts to become self-supporting. Each E/SP is specifically tailored to address the family's needs and the client’s employment goals and responsibilities. 2. When developing the E/SP with an individual, the Pathways Client Advocate will consider a clients’ disability or their Limited English proficiency (LEP) and make reasonable accommodations when negotiating work activities and to ensure successful program compliance. L. Re-engagement and Sanction process January 1, 2017, Montana implemented a re-engagement process to reconnect the client with their E/SP, goals and steps needed to address self-sufficiency. Client Advocates offer all screenings and review the Montana Family Bridge goals with the client to establish why the client is unable to participate in their negotiated activities and to address any barriers to participation. Clients are given every opportunity in the re- engagement process to participate prior to a sanction being imposed.

January 1, 2008, Montana implemented a progressive sanction policy for failing to comply with an E/SP is as follows: 1. The first non-compliance (sanction) will result in the loss of an amount equal to the sanctioned individual’s portion of cash assistance for one month. This is referred to as a penalty month. 2. The second non-compliance (sanction) will result in total household ineligibility for a period of one month. This is referred to as an ineligibility period.

3. The third non-compliance (sanction) will result in total household ineligibility for a period of three months. This is referred to as an ineligibility period. 4. The fourth or subsequent non-compliance (sanction) will result in total household ineligibility for a period of six months. This is referred to as an ineligibility period.

Exception: Under 407 (e)(2) of the Social Security Act, Montana will not reduce or terminate assistance based on a refusal of an individual to engage in work if the individual is a single custodial parent caring for a child under the age of 6 years of age, and the individual has a demonstrated inability (as determined by the State) to obtain needed childcare.

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Montana State Plan for the 14 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. The ineligibility period will follow the household members even if they move to another household and apply for benefits as part of that household, with the following exceptions:

1. The children are removed from the sanctioned household by Child and Family Services and are determined eligible for child only TANF in another household; or 2. The children are determined eligible for child only TANF in another household, except for another parent’s household. The 60-month time clock continues to tick, if appropriate, for the sanctioned individual during the first non-compliance penalty period. The time clock will not tick for anyone in the family for a second or subsequent non-compliance because no benefit will be issued. For a first non-compliance, if the sanctioned individual is a “work-eligible” individual, they are required to negotiate an E/SP and agree to participate in allowable work activities during the sanction penalty month. Failure to do so will result in case closure as the negotiation of the E/SP is an eligibility requirement. If the sanctioned individual is not a “work-eligible” individual, they are not required to negotiate an E/SP and agree to participate in allowable work activities during the sanction penalty month. However, they must negotiate an E/SP for the following month by the 25th of the current month or the case will be closed for failing an eligibility requirement.

Non-compliance (sanction) does not apply for those individuals who are receiving TANF cash assistance through the Post-Employment Program; instead, the entire household becomes ineligible for TANF cash assistance. M. Work Activities and Participation requirements Pathway’s Client Advocates assist clients in identifying their needs and build on client’s strengths while supporting them in meeting their goals to self-sufficiency. Activities are based on the results of the Montana Family Bridge assessment and the client’s goals and interests. Client advocate staff will take into consideration a client’s disability or Limited English Proficiency (LEP) and childcare and make reasonable accommodations to assist in negotiating and completing work activities based on a client’s ability and availability of childcare. A temporary breakdown in childcare arrangements will be considered a possible good cause reason for non-compliance with allowable work activities. Participation hours for TANF Cash work activities are set forth in Title I of Public Law 104-193.Section 407 (a) (1) and (2). Montana will disregard from the state’s work participation rate calculation those individuals who are participating in a Tribal NEW program. Other tribal clients not participating in a Tribal NEW program will continue to count toward the state’s participation rate.

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Montana State Plan for the 15 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. Allowable TANF Cash work activities are based on federal activities allowed at 45 CFR 261.30 with the limitations and special provisions listed in 45 CFR 261.31 through 45 CFR 261.35 and on the TANF Reauthorization Regulations contained in the Deficit Reduction Act of 2005. Montana’s allowable work activities are:

1. Employment (Unsubsidized or Subsidized) – Unsubsidized employment activity means full or part-time employment or self-employment in the public or private sector that is not subsidized by TANF or any other public program. Subsidized employment is defined as employment for which the employer receives a subsidy from TANF or other public funds to offset some or all the wages and costs of employment of a recipient. 2. Work Experience (WEX) - The work experience activity means placement in a formal job site training experience that provides an individual with an opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain employment. All work experience placements have a detailed training plan. The main purpose of work experience is to improve the employability of those who cannot find unsubsidized employment. 3. Job Search and Job Readiness Assistance – The Job Search/Job Readiness activity means the act of seeking or obtaining employment, preparation to seek or obtain employment, including life skills training, and substance abuse treatment, mental health treatment or rehabilitation activities. Such treatment or therapy must be determined to be necessary and certified by a qualified medical or mental health professional. 4. Community Service – The Community Service activity includes structured programs and embedded activities in which the client performs work for the direct benefit of the community under the auspices of public or nonprofit organizations.

5. Vocational Educational Training – The Vocational Educational Training activity means organized educational programs, up to a Baccalaureate or advanced degree, that are directly related to the preparation of individuals for employment in current or emerging occupations requiring training. Effective 8/1/2011 Montana implemented the revised Parents As Scholars (PAS) program as a result of Senate Bill 385 (2011 legislature). PAS allows approval of Vocational Educational Training or continuation of studies to obtain a High School Equivalency Certificate (HI SET) as an allowable work activity above and beyond the restrictions noted in federal regulation (12 months of Vocational Educational Training and primary/secondary limitations for HI SET studies.) The PAS program is limited to 25 eligible TANF clients. Montana recognizes these individuals are not considered to be meeting the work participation rate due to the federal restrictions on these activities and are reported as such.

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Montana State Plan for the 16 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. 6. Job Skills Training (Directly Related to Employment) – The Job Skills Training activity means training or education for job skills required by an employer to provide an individual with the ability to obtain employment or to advance or adapt to the changing demands of the workplace.

7. Education directly related to employment in the case of a client who has not received a high school diploma, or a certificate of high school equivalency means education related to a specific occupation, job or job offer. This may include education leading to a high school equivalency diploma, adult basic education, and ESL. 8. Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a client who has not received a high school diploma, or a certificate of high school equivalency means regular attendance, in accordance with the requirements of the secondary school or course of study at a secondary school, or in a course of study leading to a certificate of general equivalence. 9. Family Stability Activities (FSA) assist families in overcoming barriers that may prevent them from achieving stability, working and being financially secure. This activity is used to help stabilize families so they can meaningfully participate in work activities. Montana recognizes clients engaged in family stability activities are not considered to be meeting the work participation rate due to the federal restrictions on these activities and are reported as such. 10. Assessment activities can be used in conjunction with the above allowable work activities, except FSA. The assessment activity provides an individual with the opportunity to assess and develop the skills that are needed to obtain employment. N. Non-displacement on work site/grievance procedure

1. Non-displacement at Work Experience and/or Subsidized Employment work sites is established (prior to placement) through the negotiation of an agreement between the State’s contractor and the employer. 2. A grievance procedure is in place to resolve complaints of alleged violations of the displacement rule and work site employers are informed of this procedure during the negotiation of the site agreement. O. TANF Cash Time-Limited Benefits 1. Time limited benefits A family may not receive TANF Cash assistance in excess of 60 months in the adult’s lifetime. Montana’s electronic eligibility determination system, Combined

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Montana State Plan for the 17 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. Healthcare Information and Montana Eligibility System (CHIMES), maintains time clocks for all adults receiving cash assistance. CHIMES will not allow authorization of cash assistance beyond the adult’s 60-month time limit unless an extension has been granted. A household may apply to receive an extension to the 60-month time limited benefits as allowed in Sec. 264.1 (c) of the CFR.

The CHIMES maintains the 60-month limit for federal purposes and reflects every non-excluded month of cash assistance received by an adult in Montana beginning February 1, 1997 (TANF State Plan effective date) and from another state or states beginning no earlier than October 1, 1996 nor later than July 1, 1997 depending on when that state’s TANF State Plan became effective. Federal TANF exclusions stop this clock. 2. Clients not subject to the TANF 60-Month federal time limits are: a. Minor children under the age of 18 or up to age 19 attending school full- time and living with a specified caretaker relative. b. Teen parent, not head-of-household. c. Adult parent, not head-of-household, unmarried. d. Disqualified parent. e. Individuals not required to comply with an E/SP. 3. TANF 60-month time limit exclusion In determining the number of months for which an adult (regardless of race) has received cash assistance, the State excludes any month during which an adult (regardless of race) lives within the exterior boundaries of an Indian reservation if, during the month, at least 50% of the adults were not employed. Joblessness is evaluated using the standards established jointly by the Administration for Children and Families and the tribe relying on the most reliable federal data available with respect to such month. 4. TANF Cash hardship exemption

Montana will extend TANF cash assistance payments beyond the Federal 60- month limit up to a maximum of 24 months to households which apply for Extended Benefits, are otherwise eligible for TANF cash assistance, and where at least one adult receiving (or eligible to receive) benefits are required to participate in Employment and Training and meet one of the following Extension Reason criteria: a. Physical and/or mental incapacity. b. Household member physical and/or mental incapacity. c. Current domestic violence. d. Physical and/or mental incapacity due to domestic violence.

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Montana State Plan for the 18 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. Per 45 CFR 264.1 Montana will not extend TANF cash assistance payments paid for by Federal TANF funds beyond the five-year limit for more than 20% of the average monthly number of families receiving assistance during the fiscal year.

P. Supportive Services Funds are available to pay expenses that are, or may be, incurred by a client to comply with his/her Employability/Service Plan (E/SP) activities. Each request is evaluated based on situation and the need for assistance. In all instances, care is taken to prevent client dependency on the availability of these funds. Clients must be eligible for and in receipt of TANF Cash or TANF non-cash services and actively participating (not sanctioned) in Pathways or an eligible Tribal Native Employment Works program. IV. REQUIREMENTS A. Out-of-wedlock pregnancies/teen pregnancies 1. Interagency Coordinating Council Montana continues its statewide efforts to prevent and reduce unintended pregnancies, with special emphasis on teenage pregnancies. The Interagency Coordinating Council (ICC) for State Prevention Programs is authorized in MCA 2-15.225, which outlines membership and duties of the Council.

Designated members of the Council are:

• Attorney General • Director of the Department of Public Health and Human Services • Superintendent of Public Instruction • Presiding officer of the Montana Children's Trust Fund board • Administrator of the Board of Crime Control • Commissioner of Labor and Industry • Director of the Department of Corrections • State Coordinator of Indian Affairs • Director of the Department of Transportation • Commissioner of Higher Education • Two people appointed by the governor who have experience with private or nonprofit prevention programs and services • Designated representative of a state agency who wants to participate and is acceptable to a majority of the other members

One of the five ICC goals is “reducing teen pregnancy and sexually transmitted diseases by promoting the concept that sexual activity, pregnancy, and child rearing are serious responsibilities.” 2. Montana Personal Responsibility Education Program (MT PREP)

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Montana State Plan for the 19 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. The AHS has received $250,000 of federal funds through federal fiscal year 2023. The goal of Montana PREP is to educate adolescents on both abstinence and contraception to prevent pregnancy and sexually transmitted infections (STIs), including HIV/AIDS, and to help Montana teens go on to lead healthy, productive lives. Key activities of this grant include the provision of funds to six contractors across Montana which includes county health departments, community service centers, and other agencies that serve at-risk teens. Agencies accomplish this by providing middle and high school students with the following evidenced-based curriculum proven to teach refusal skills and change risk-taking behavior: Draw the Line/Respect the Line curriculum helps middle-school students develop personal sexual limits and practice the skills needed to maintain those limits when challenged. Healthy sexual limits will keep youth safer from HIV, other STIs and unplanned pregnancy. Making Proud Choices curriculum is designed for high school students and takes an active approach to prevention of teenage pregnancy and protection against HIV and other STIs that motivates students to change their high-risk behaviors. 3. Montana Title V/Sexual Risk Avoidance Education (MT SRAE) State Sexual Risk Avoidance Education is a two-year grant period. Adolescent Health Section has received $165,587 through fiscal year 2023. The purpose of the Title V/SRAE Program is to provide education to youth ages 10 to 19 years old that normalizes the optimal health behavior of avoiding non-marital sexual activity. The program is designed to teach youth personal responsibility, self- regulation, goal setting, healthy decision-making, a focus on the future, and the prevention of youth risk behaviors such as drug and alcohol usage without normalizing teen sexual activity. AHS is always recruiting for additional contractors and at this time there are two agencies implementing curriculum. Power Up Speak Out! is a Montana based curriculum that encourages middle school students to think critically about healthy relationships, power dynamics, boundaries, and consent. Families Talking Together is curriculum aimed at parents of middle school students to teach them effective communication skills, build parent-adolescent relationships, help parents develop successful monitoring strategies, and teach youth assertiveness and refusal skills. 4. Rape Prevention Education Montana continues to provide education and training regarding rape and sexual assault and provides the following programs:

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Montana State Plan for the 20 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021.

Montana Sexual Violence Prevention and Victims Services Program Montana received $441623 for FY2023 from the Centers for Disease Control and Prevention. The mission of the Montana Sexual Violence Prevention and Victims Services Program (SVPVS) is to reduce the statewide incidences of sexual violence through primary prevention efforts focused on influencing knowledge, attitudes, and behaviors of those most at risk to perpetrate. Currently, there are approximately 40 contractors ranging from middle schools, high ed. institutes, and sexual violence and domestic violence services providers. The funds are used for the following: 1. Educational seminars; 2. Training programs for professionals; 3. Preparation of informational materials; 4. Education and training programs for students and campus personnel designed to reduce the incidence of sexual violence at colleges and universities. 5. Rigorous evaluation efforts of primary prevention strategies. 6. Other efforts to increase education surrounding sexual violence prevention. Including efforts to increase awareness in rural communities across the state through a Healthy Relationships Campaign. Preventive Health and Health Services Block Grant Montana received $23,123 for SFY 2023 in federal funding from the Preventive Health and Health Services Block Grant (PHHSBG) administered through the Centers for Disease Control and Prevention. The SVPVS program works alongside the Montana Coalition Against Domestic and Sexual Violence to fund healthy relationship activities to engage adult and youth leaders who work with people ages 13-19 during a Youth Summit and/or Regional Institutes. The program will also seek to improve awareness and develop healthy relationship skills within adolescent throughout the year. Sexual Violence Prevention and Education Program Montana’s Sexual Violence Prevention and Education program State Action Plan has four major focus areas that use the Social-Ecological Model (SEM) for strategies. 75% of activities are community-level and 25% are individual level. 1) Promote Social Norms that Protect Against Violence a. Bystander Intervention Social Norms Campaign on College Campuses b. Men as Allies on College Campuses c. Health Relationship/Affirmative Consent on College Campuses 2) Teach Skills to Prevent Violence a. Power Up, Speak Out! Evaluation and training for Middle School Students 3) Provide Opportunities to Empower and Support Girls and Women a. Strengthening economic supports for women and families by addressing gender equity issues in Montana.

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Montana State Plan for the 21 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. 4) Create Protective Environments a. NASPA Culture of Respect Collective on College Campuses

Most of the above activities take place on college campuses and in middle schools. These activities include campaigns on campuses that provide educational material to students. STOP (Services-Training-Officers-Prosecutors) Violence Against Women Act (VAWA) STOP VAWA provides financial assistance to States for developing and strengthening effective law enforcement and prosecution strategies and victim services in cases involving violent crimes of domestic violence, sexual assault, stalking and dating violence. The Montana Board of Crime Control (MBCC) releases a grant funding opportunity every year for applicants who offer STOP VAWA services to be funded by the Office on Violence Against Women. Some of STOP VAWA’s purpose areas include training law enforcement officers, judges, other court personnel, and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of sexual assault, domestic violence, dating violence, and stalking, including the appropriate use of nonimmigrant status under subparagraphs (T) and (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. § 1101(a)) and developing, training, or expanding units of law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women, including the crimes of sexual assault, domestic violence, dating violence, and stalking. STOP VAWA funding is also available for developing, enhancing, or strengthening prevention and informative programming to address sexual assault, domestic violence, dating violence, or stalking across multiple educational settings. Sexual Assault Services Program (SASP) SASP funding benefits from a partnership among the MBCC, Montana Coalition Against Domestic and Sexual Violence, and underserved communities by implementing SASP throughout the State. The partnership helps support rape crisis centers and other nonprofit, nongovernmental organizations, including faith- based and other community organizations, that provide core services, direct intervention, and related assistance to victims of sexual assault. SASP funds are used to supplement other funding sources directed at addressing sexual assault on the state and territorial level. Rape crisis centers and other nonprofit organizations such as dual programs providing both domestic violence and sexual violence intervention services play a vital role in assisting sexual assault victims through the healing process, as well as assisting victims through the medical, criminal justice, and other social support systems. The SASP funding shall be used to provide grants to rape crisis centers and other nonprofit, non-governmental organizations, including faith-based and other community organizations, for

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Montana State Plan for the 22 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. programs, and activities that provide direct intervention and related assistance. Intervention and related assistance may include: • 24-hour hotline services providing crisis intervention services and referral; • Accompaniment and advocacy through medical, criminal justice, and social support systems, including medical facilities, police, and court proceedings; • Crisis intervention, short-term individual and group support services, and comprehensive service coordination and supervision to assist sexual assault victims and family or household members; • Information and referral to assist the sexual assault victim and family or household members; Community-based, linguistically, and culturally specific services and support mechanisms, including outreach activities for underserved communities; and • The development and distribution of materials on issues related to the services described in the previous bullets. Healthy Young Parent Program The Healthy Young Parent Program (HYPP) provides coordinated support for young expectant and parenting families in tribal communities, high schools, institutions of higher education, and community-based service centers. The state received funds from the Office of Adolescent Health (OAH) through the Pregnancy Assistance Fund (PAF). The goal of the HYPP is to facilitate self- sufficiency of expectant and parenting youth, women, fathers, and their families to build their parenting capacity, encourage post-secondary education and preparedness for the workforce, and improve the healthy growth and development of their children. HYPP aims to improve life outcomes for young parents (ages 24 and younger) in Montana by offering the following services: • Flexible, quality schooling to help parents complete high school or obtain their GED. • Case management and family support services. • Referral and linages to prenatal care and reproductive health services. • Quality childcare with coordinate links to basic preventive care. • Nurturing, parenting and life skills education and support services. • Father involvement and support services. • Direct services (i.e., diapers, gas cards for appointments, baby formula, etc.)

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Montana State Plan for the 23 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. B. Restricted use/disclosure of information

Montana will continue to restrict the use and disclosure of information about individuals and families receiving cash assistance and employment and training services consistent with state and federal law. A release form is used by the Department and its contractors to ensure adherence to the maintenance of confidential information. Recipient information may be provided and used for the following purposes: 1. Reporting child abuse and neglect to the appropriate authority (MCA 41- 3-205). 2. Conducting child support enforcement activities. 3. Establishing eligibility and administering (including audits, investigations, prosecutions, etc.) federal programs or federally assisted programs which provide assistance (cash, in-kind, or services) directly to individuals based on need. 4. Releasing the client’s address to a federal, state, or local law enforcement officer who presents a written request for information for individuals who are fleeing to avoid prosecution, custody, or confinement for a felony; are violating a condition of parole or probation; or have information necessary for the officer to conduct official duties. 5. Notification of an appropriate person, authority, or other entity that an applicant or client is making threats to harm himself or herself or to harm others, in order to prevent or lessen the threatened harm. 6. Access to the Department’s electronic eligibility system adheres to strict security measures to assure employees not directly involved in the administration of public assistance programs do not access recipient information. Requests for information about current or past clients that do not meet the above criteria must be submitted in writing to the Public Assistance Bureau, Central Office. When there is a question about a breach of confidentiality, the Central Office will refer the request to the Office of Legal Affairs. C. Electronic Benefit Transfer Restrictions

The State of Montana has implemented policies and procedures as necessary to prevent access to assistance provided under the State program, funded under this part through any electronic fund transaction in an automated teller machine or point-of-sale device located in a place described in section 408(a) (12), including a plan to ensure that recipients of the assistance have adequate access to their cash assistance. Effective February 1, 2014, the State of Montana has updated its policy to restrict use of and access to TANF cash benefits in an Electronic Benefit Transaction (EBT) at casinos, gaming establishments, liquor stores, and retail establishments that provide adult-oriented entertainment.

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Montana State Plan for the 24 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. Effective January 15, 2014, Montana took steps which include: 1. Informing TANF Electronic Benefits Transaction (EBT) card holders in writing of the policy changes informing them it is against federal law for benefits to be accessed at any of the above locations; 2. Clients that choose EBT as the method of payment are informed of the EBT location usage restrictions during their interview and must sign a form indicating the type of payment method (EBT, Direct Deposit or Warrant) which includes the EBT restrictions; 3. Posters are displayed statewide at the Office of Public Assistance locations and at TANF Employment and Training offices informing clients of the restricted usage in the above locations. 4. Effective July 1, 2014, Montana began imposing penalties on recipients who are found to have violated the EBT restriction policy on three (3) or more occasions. Clients subject to penalty are restricted from receiving TANF funds on an EBT card for six (6) months. They instead have the option to receive TANF cash benefits either by direct deposit or paper warrant. D. Access to using or withdrawing assistance with minimal fees or charges.

To ensure recipients have adequate access to their cash assistance, recipients have the option to receive TANF benefits via Electronic Benefit Transfer (EBT), direct deposit into the client’s bank account or issuing TANF benefits via paper check. TANF recipients may access cash benefits through point-of-sale (POS) devices at some retailers and at participating Automated Teller Machines (ATM’s). TANF recipients are not charged for a POS cash purchase or purchase with cash back. TANF recipients who choose to use an ATM to access their cash benefits incur any bank surcharges. TANF recipients receive information regarding the fees and surcharges related to accessing TANF cash benefits in the “EBT Brochure”. V. SPECIAL PROVISIONS A. Migration from State-to-State Montana will not treat U.S.-domiciled families moving into the State differently than families currently residing in the State and wishing to make application for assistance. B. Assistance to Non-citizens

Montana does not intend to provide assistance to individuals who are not citizens of the United States unless they meet the criteria set by federal law for qualified aliens. C. Administrative appeal process

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Montana State Plan for the 25 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. Montana will continue to provide the opportunity for clients who have been adversely affected to be heard in an administrative appeal process. A client who wishes to appeal may file a request for an administrative hearing before a state Fair Hearing Officer. Following final action, an individual may seek judicial review of this decision. D. Community service after two months

Montana has opted not to require a parent or caretaker relative, after receiving assistance for two months under the TANF cash assistance program, to participate in community service employment. These individuals will continue to participate and comply with negotiated Employability/Service Plan activities. E. Training and Employment in elder care/long-term care facilities In order to assist individuals in training for and seeking employment in the elder care workforce, Montana will approve the following as allowable work activities: work experience (WEX) placements in facilities that provide elder care; education and training for employment opportunities in the elder care workforce as well as employment in the elder care workforce arena. These types of activities will assist individuals to train for, seek and maintain employment in the eldercare workforce, including providing direct care in long-term care facilities or in other occupations related to elder care. VI. EXECUTIVE CERTIFICATIONS A. THE STATE WILL OPERATE A CHILD SUPPORT ENFORCEMENT PROGRAM under the State Plan approved under Part D. B. THE STATE WILL OPERATE A FOSTER CARE AND ADOPTION ASSISTANCE PROGRAM under the state plan approved under Part E, and the State will take such actions as are necessary to ensure that children receiving assistance under such part are eligible for medical assistance under the State Plan under Title XIX of the Social Security Act.

C. THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES will administer and supervise the program in all political subdivisions of the State and assure that local governments and private sector organizations have been consulted regarding the plan and design of welfare services in the State and have had at least 45 days to submit comments so that services are provided in a manner appropriate to local populations. Montana’s TANF State Plan was posted for public comment October 13, 2023, through November 27, 2023. D. THE STATE WILL PROVIDE INDIANS WITH EQUITABLE ACCESS TO ASSISTANCE. The State will provide each member of an Indian tribe, who is

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Montana State Plan for the 26 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM

Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. domiciled in the State and not eligible for assistance under a Tribal Assistance Plan approved under Section 412, the opportunity to make application for assistance under the State program funded under this part through a local office of public assistance, Application is made by one of the following methods:

1. Completing Form HCS-250, "Application for Assistance" and submitting it to the Office of Public Assistance (OPA) in person, by fax or by mail; 2. Submitting an online application through www.apply.mt.gov; or 3. Completing a Statement of Facts (SOF) interview by calling the Public Assistance Help Line (PAHL) at 888-706-1535. E. THE STATE HAS ESTABLISHED AND WILL ENFORCE STANDARDS AND PROCEDURES TO ENSURE AGAINST PROGRAM FRAUD AND ABUSE. The State has established standards and procedures concerning nepotism, conflicts of interest among individuals responsible for the administration and supervision of the State program, kickbacks, and the use of political patronage. F. OPTIONAL FAMILY VIOLENCE CERTIFICATION

Montana has adopted the Family Violence Option as stated in below: 1. All work-eligible clients are screened for the occurrence of domestic violence through a self-identification questionnaire and self-assessment. When domestic violence is identified, a referral is made to the Montana Coalition Against Domestic and Sexual Violence or other appropriate counselor/entity dealing with domestic violence/family safety and stabilization issues. a. It is the client’s responsibility to meet with the Coalition counselor/other entity that will assess the situation and either make a referral to other appropriate resources or continue to serve the client.

2. In identified domestic violence situations, only that information necessary to refer to services and to determine eligibility for benefits or exemptions is required at the time of disclosure and any custodial parent information is suppressed when contact with the non-custodial parent(s) is necessary to meet child support enforcement requirements. 3. The state may exempt a family from the application of subparagraph (A) of Section 408 (a)(7) by reason of hardship or if the family includes an individual who has been battered or subjected to extreme cruelty as defined in (iii) of this subparagraph. Currently, work-eligible clients are screened for incidents of domestic violence and no individuals are exempted from work participation activities as Montana uses a universal engagement model.

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Montana State Plan for the 27 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM Full Plan #25 Effective 01/01/2024 Supersedes #2 01/01/2021. An individual may be approved for extended benefits based on their involvement in a current domestic violence situation and/or by suffering from temporary or permanent mental or physical illness or incapacity because of domestic violence. G. INFORMATION TO VICTIMS OF SEXUAL HARASSMENT OR SURVIVORS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING Section 402(a)(8) of the Social Security Act (42 U.S.C. 602(a)(8)) requires certification that the state will provide: (A) In general A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to- (i) ensure that applicants and potential applicants for assistance under the State program funded under this part are notified of assistance made available by the State to victims of sexual harassment and survivors of domestic violence, sexual assault, or stalking; (ii) ensure that case workers and other agency personnel responsible for administering the State program funded under this part are trained in- (I) the nature and dynamics of sexual harassment and domestic violence, sexual assault, and stalking; (II) State standards and procedures relating to the prevention of, and assistance for, individuals who are victims of sexual harassment or survivors of domestic violence, sexual assault, or stalking; and (III) methods of ascertaining and ensuring the confidentiality of personal information and documentation related to applicants for assistance and their children who have provided notice about their experiences of sexual harassment, domestic violence, sexual assault, or stalking; and (iii) ensure that, if a State has elected to establish and enforce standards and procedures regarding the screening for, and identification of, domestic violence, sexual assault, or stalking pursuant to paragraph (7)- (I) the State program funded under this part provides information about the options under this part to current and potential beneficiaries; and (II) case workers and other agency personnel responsible for administering the State program funded under this part are provided with training regarding State standards and procedures pursuant to paragraph (7). All applicants and recipients will be informed through the application process that services for family violence are available and how to receive those services, as well as,

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IV-A STATE OF MONTANA Section 3 EMERGENCY ASSISTANCE TO NEEDY FAMILIES WITH CHILDREN

TN# 96-AFDC-01 Approval Date 07/02/1996 Effective Date 01/01/1996

Supersedes TN#95-AFDC-01

CITATIONS 233.120 TREATMENT OF INCOME A. KINDS OF EMERGENCIES COVERED 1. Emergency assistance (EA) may be provided when an unforeseen event causes or threatens to cause the destitution of a child. a. An unforeseen event is one in which the applicant could not anticipate that the event would occur and was not able to avoid its outcome. EA is not provided to pay for any basic need or service that an applicant has chosen not to pay with currently available means. b. If actual or projected expenditures total $1,000 or more, review by Child and Family Services Division staff prior to approval is required. 2. Situations involving abuse and/or neglect of the child may be covered. a. These situations may require the removal of the child from the home, placing a social worker in the home to prevent the need for the child’s removal, expediting the early return of the child to the home, or preventing the need for protective services.

b. Assistance for these kinds of emergencies is limited to a maximum duration of 364 days or less as necessary and must be authorized within the 30-day period. 3. Households receiving Title XIX Medicaid are not eligible for medical assistance under Title IV-A Emergency Assistance. B. KINDS OF ASSISTANCE PROVIDED TO MEET EMERGENCY SITUATIONS: 1. Basic needs such as food, clothing, shelter (rent or temporary lodging), utilities, household supplies, and personal care items; temporary transportation; replacement of necessary appliances such as refrigerators; or replacement of necessary household furnishings such as beds and bedding. 2. Family support including social services delivered in the family home to those families whose children have been abused or neglected or are in immediate danger of becoming abused or neglected. This family support is intended to eliminate the need for protective services; prevent the need for placement; or expedite the early return of the child to the family home.

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