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2. INTRODUCTION

On August 22, 1996, the PRWORA was signed into law. The federal law terminated the AFDC program and replaced it with the non-entitlement TANF Block Grant. On February 18, 1998, Governor Gary E. Johnson signed the NMWA into law. The state act deleted state statutory references to AFDC and established the parameters of the TANF program in New Mexico. The program created under NMWA is called NMW. On February 6, 2006, the DRA of 2005 was signed reauthorizing the 1996 PRWORA for an additional five years. The reauthorization required the Secretary of the U.S. Department of HHS to promulgate regulations designed to address eligible work activities and uniform reporting and accountability measures. HHS issued the Interim Final rules on June 28, 2006, and the Final rules on February 5, 2008.

To obtain the federal TANF Block Grant funds provided in PRWORA and continued through the DRA, the state must develop and submit a state plan for program implementation. This document sets forth the background, goals, and objectives for NMW and generally describes the eligibility criteria, program services, benefits, methods, and procedures the State of New Mexico utilizes to administer the NMW program, fulfill the requirements and provisions of the federal TANF legislation.

The contents of this plan are descriptive only and are not determinative with respect to individual case eligibility, payment determinations or other aspects of program operations. The rules governing the New Mexico Works Cash Assistance Program are filed in the NMAC at 8.102 NMAC. The general provisions for the TANF program are found at 8.100 NMAC with an effective date of April 13, 2001.

3. BACKGROUND

1997. On July 1, 1997, HSD implemented a TANF program developed from a lengthy series of meetings with advocates and clients, open community meetings and interagency meetings. 1998. During the 1998 session of the New Mexico Legislature, the NMWA was passed and signed into law creating New Mexico's TANF program as a statutory entity. The NMW program was implemented effective April 1, 1998, under interim regulations. Following a public review and comment period culminating in a statewide public hearing on June 5, 1998, the NMW regulations were finalized effective July 1, 1998.

2000. In February 2000, HSD implemented a TANF funded Diversion program for specific employed families.

2001. During the 2001 Legislative Session, the NMWA was amended, which resulted in substantial changes to the State's TANF regulations. The final regulations for the amendments to the NMW Cash Assistance Program were effective July 1, 2001. The Department recognized that the NMW participants face multiple barriers to participation and that there was a need to address the barriers. The Department collaborated with community advocates and implemented a modified work participation agreement to address the identified barriers effective July 1, 2001.