section-3 RESPONSIBILITY OF THE LOCAL SOCIAL SERVICES DISTRICT

A. General Introduction 1. Policy In order to assist needy families and individuals to obtain SNAP benefits, each Local Social Services District (LDSS), referred to as “district”, must fulfill its responsibilities to administer SNAP in accordance with applicable releases of OTDA, including but not limited to the SNAP Source Book. In addition to the responsibilities listed in this Section, districts must perform other appropriate functions in accordance with state and federal requirements. 2. OPERATING GUIDELINES Districts must operate SNAP in accordance with the policies and procedures provided to them by OTDA. Accordingly, districts must submit to OTDA, for approval, all requests for waiver from established policy and all locally developed policy manuals, procedural guides or forms which are intended to be the equivalent of documents which have been provided by OTDA. Such requests must be submitted in accordance with Department Regulation 300.6. Reference: 387.2 Responsibilities of Local Department B. Personnel The district must undertake the certification of applicant households in accordance with the personnel standards used by OTDA in the certification of applicants for benefits under the federally aided TA programs. 1. Personnel Requirements a) Merit Personnel - Certification personnel must meet the current New York State Merit System standards. Only merit employees can conduct the application interview. Additionally, access to permanent CBIC and temporary vault cards, and other issuance documents must be denied to all persons except authorized employees of OTDA, districts, and the federal agency involved in the administration of the program. NOTE: Volunteers must not conduct the application interview or certify SNAP applicants. Volunteers may engage in activities such as outreach, prescreening, assisting applicants to complete the application, and securing needed verification. A volunteer may officially represent households whose members are unable to go to the certification office. NOTE: Individuals, organizations, and facilities involved in a strike or lockout cannot be used in the certification process except to verify the applicant’s information. b) Staffing Standards - To meet the timeliness standards set forth in this manual, districts must employ sufficient staff to certify accurately and issue benefits to eligible households and to process fair hearing requests within the appropriate timeliness standards. c) Bilingual Requirements – Districts, including those with a seasonal influx of single-language minority households, must provide sufficient bilingual program information and certification materials, and staff or interpreters to meet the needs of single-language minority, Limited English Proficient households. Federal and state laws and regulations specify Districts LEP access requirements. For further information on providing language services, see 06-ADM-05 Providing Access to Temporary Assistance Programs for Persons with Disabilities and/or Limited English Proficiency (LEP) Revised. 2. Training With the assistance of the OTDA training coordinator, the districts must develop a continuing comprehensive training program for all personnel engaged in certification, program informational activities, or prescreening activities. The districts must designate training coordinators to: a) Implement State training materials and techniques b) Supplement State training programs with sessions designed for districts, and community partners, if appropriate c) Conduct and/or supervise training sessions d) Assure that appropriate personnel receive training and, that “completion” data be supplied to OTDA, as required. The following "Training Table" provides guidelines to be followed in the training of staff. SESSIONS COVERING PERSONS TO BE TRAINED TIME STANDARDS Eligibility criteria, Certification procedures, household rights and responsibilities, Civil Rights, other duties related to household certification Eligibility Workers, new employees responsible for certifying. Note, all staff who work on SNAP cases must complete annual Civil Rights Training via TrainingSpace.org or as offered by OTDA. Prior to initial assumption of duties. Periodically, based on policy changes, program deficiencies, USDA audits, district management self assessments, or individual performance deficiencies or individual performance. Note, all staff who work on SNAP cases must complete annual Civil Rights Training via TrainingSpace.org or as offered by OTDA. Policy/procedures changed based on court action or revisions to legislation and regulations All affected personnel, individuals specified by the court, law or directives Within 30 days or as specified Formal certification training conducted statewide, citywide, or regionally Certification personnel, the public (up to 5% of total attendance or 5 persons, whichever is smaller, must be allowed) As Needed Program information pre- screening techniques Volunteers, other pre- screeners, Community Based Organizations As Needed Program regulations and hearing procedures Hearing Officers, performance reporting system reviewers Prior to initial assumption of duties. Periodically, as needed based on policy changes, program deficiencies, USDA audits, district management self assessments or individual performance Reference: 387.2 Responsibilities of Districts 06-ADM-05 Providing Access to Temporary Assistance Programs for Persons with Disabilities and / or Limited English Proficiency (LEP) Revised www.LEP.gov C. Certification Responsibilities Each district must: 1. Certify eligible families and individuals. Approve and issue benefits or deny applications for TA/ SNAP and Non-TA/SNAP applicants within 30 days of when an identifiable application is filed, or within seven calendar days of the application filing date if it is an identifiable application eligible for expedited processing. An identifiable application is one which contains a legible name and address (if applicable) of the applicant or authorized representative; and a signature. For certification of households which are TA/SNAP see SNAP SB Section 4 2. Ensure that SNAP benefits provided to any eligible household must not be considered as income or resources for any purpose under the Social Security Act of 1935 as amended, or under any other federal or State laws including, but not limited, to laws relating to taxation, and TA programs. 3. Not terminate or reduce a TA grant or deny application for TA or care or otherwise adversely affect a family's or an individual's eligibility for TA or care, on the grounds that the recipient or applicant is receiving or is eligible to receive SNAP benefits or fails to apply for or to utilize SNAP benefits. 4. During an emergency or disaster declared by USDA, certify households in accordance with Disaster SNAP (D-SNAP) regulations, policies and procedures of OTDA and USDA/FNS. 5. Undertake the timely and accurate issuance of benefits to certified households. Households comprised of elderly or disabled members, or those who would face an undue hardship in reaching a district office to complete a face-to-face interview and households which do not reside in a permanent dwelling or at a fixed mailing address, will be given assistance in obtaining their benefits. Districts must offer to conduct interviews and other contacts electronically, or by telephone when appropriate. 6. Screen all applications to determine if such application qualifies for expedited SNAP processing, and complete the Supplemental Nutrition Assistance Program Expedited Processing Screening sheet (LDSS-3938) as a record of the agency disposition. Reference: 387.2 Responsibilities of Local Department 387.5 General Application Process 15-INF-05: Revised LDSS-3938 and LDSS-3938 NYC: "Supplemental Nutrition Assistance Program (SNAP) Application Expedited Processing Summary Sheet" D. Information Each district must: 1. Inform all SNAP applicants and recipients of their program rights and responsibilities including the use of printed materials in languages other than English where required. Client informational books LDSS-4148A What You Should Know About Your Rights and Responsibilities, LDSS-4148B What You Should Know About Social Services Programs, LDSS-4148C What You Should Know If You Have An Emergency fulfill this requirement, and the LDSS-4826A How To Complete The SNAP Application/Recertification and Applicant/Recipient Rights and Responsibilities, which accompanies the LDSS- 4826 SNAP Application/Recertification, also fulfills this requirement. Particular emphasis on reviewing the SNAP Civil Rights Non-Discrimination Statement (NDS), available in the LDSS-4148 A What You Should Know About Your Rights and Responsibilities and LDSS-4826 SNAP Application/Recertification, is required during the application and recertification interview. Worker case notes must be updated to indicate that program rights and responsibilities were reviewed, particularly the NDS, including how to file a civil rights complaint. 2. Have both the LDSS-2921 Application for Certain Benefits and Services and the simplified SNAP application, LDSS-4826 SNAP Application/Recertification readily available for potentially eligible households and provide an application to anyone requesting one according to SNAPSB Section 4. 3. Provide each applicant for TA, (excluding EAA) MA, or family/children's services with information explaining the SNAP and provide them the opportunity to apply. Client informational books fulfill this requirement. Provide each NTA/SNAP applicant (excluding SSI recipients) with information explaining the program and opportunity to apply. The LDSS-4826A How to Complete the SNAP Application/Recertification and Applicant/Recipient Rights and Responsibilities fulfills this requirement. 4. Accept any application as complete which lists, at minimum, the applicant’s or authorized representative’s name, address (if they have one) and signature. 5. Explain to the applicant/recipient at application and each recertification the consequences of any household member who is subject to work requirements quitting his or her job without good cause. The LDSS-4148B What You Should Know About Social Services Programs or LDSS-4826A How To Complete The SNAP Application/Recertification and Applicant/Recipient Rights and Responsibilities fulfills this requirement. 6. Ensure that eligibility or extent of participation in the program will be without discrimination, in accordance with the current FNS Non-Discrimination Statement, because of race, color, national origin, sex, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity; and maintain a Civil Rights compliant file. All district staff should be aware of the process for a client to file a SNAP Civil Rights Complaint, and of the steps to be followed when a Civil Rights complaint has been received. See 15-LCM-09 Supplemental Nutrition Assistance Program (SNAP) Revised Civil/Human Rights Complaint Procedures 7. Prominently display in all Districts: a. LDSS-4995 SNAP Right to File Poster b. LDSS-8036 Supplemental Nutrition Assistance Program (SNAP) Benefits Complaint Procedure c. LDSS-4996 Will You Receive Supplemental Nutrition Assistance Program (SNAP) After Cash Assistance Ends” poster (English) d. LDSS-4996-SP Will You Receive -Supplemental Nutrition Assistance Program (SNAP) After Cash Assistance Ends” poster (Spanish) e. Language Identification Tool f. And Justice for All (AD-475B) 8. Identify households which are eligible for or receiving expedited service; according to SNAPSB Section 4. NOTE: USDA regulations and policies, State plans of operations, manuals and procedures which affect the public are maintained by OTDA for public examination on regular workdays during normal working hours. 9. Provide SNAP applicants and recipients with general information on verification requirements at application and recertification - Client informational books LDSS-4148A. For specific types of verification required see SNAPSB Section 5. 10. Provide a local telephone number and either a toll-free number or a number at which collect calls will be accepted from households outside the local calling area. The number must be provided in writing at certification and recertification. 11. Provide client information books LDSS-4148A What You Should Know About Your Rights and Responsibilities, LDSS-4148B What You Should Know About Social Services Programs, and LDSS-4148C What You Should Know If You Have An Emergency in the manner described below.at the time the application (LDSS-2921) is distributed. When the SNAP only application (LDSS-4826) is used LDSS-4826A satisfies this requirement but the client information books must be made available upon request from the client. 12. Disclosure of Information to Law Enforcement Officials Districts must furnish the address, social security number and, if available, photograph of applicants/recipients to law enforcement officials who present a request for this information providing that they have verified that: a) There is an outstanding felony warrant for the individual by a federal, State, or local law enforcement agency, and the underlying cause for the warrant is or committing or attempting to commit a crime that is a felony under the law of the place from which the individual is fleeing; b) The individual is aware of, or should reasonably have been able to expect that, the felony warrant has already or would have been issued; c) The individual has taken some action to avoid being arrested or jailed; and d) The Federal, State, or local law enforcement agency is actively seeking the individual and informs the agency: 1. that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within 20 days of submitting a request for information about the individual to the State agency; 2. when a federal, State, or local law enforcement agency presents a felony arrest warrant while acting in his or her official capacity that conforms to one of the following National Crime Information Center Uniform Offense Classification Codes, to the agency to obtain information on the location of and other information about the individual named in the warrant: • Escape (4901); • Flight to Avoid (prosecution, confinement, etc.) (4902); or • Flight-Escape (4999). 3. A federal, State, or local law enforcement agency states that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within 30 days of the date of a request from a State agency about a specific outstanding felony warrant or probation or parole violation. For applicants for and recipients of SNAP there must be more than a warrant issued on the basis of probable cause or reasonable suspicion to believe that someone is violating a condition of probation or parole: The court held in March 2010, Clark,et.al v. Astrue, that such warrants are not equivalent to a determination that one is in fact violating a condition of probation or parole. Such warrants merely constitute evidence that one is violating one’s probation or parole, but do not establish that such warrants meet the necessary evidentiary standard of establishing that the alleged violation actually exists. Therefore, districts must not deny or discontinue TA or SNAP benefits on the basis of a warrant issued on the basis of an alleged probation or parole violation because practically all such warrants do not constitute a determination of violation but, instead, are mere allegations of violation. Reference: 387.2 Responsibilities of Local Department 387.5 General Application Process 385.13 Voluntary termination of employment and voluntary reduction of earning capacity (voluntary quit) 10 INF-20 Obsolete LDSS- 4148D New Information About Temporary Assistance and Food Stamps 20-LCM-03 SNAP Revised Civil/Human Rights Complaint Procedures LDSS-5065 SNAP Civil/Human Rights Violation Complaint Form 10-LCM-17-T Use and Protection of Confidential Information 06-ADM-05 Revised Providing Access to Temporary Assistance Programs for Persons with Disabilities and/or Limited English Proficiency (LEP) 04-LCM-08 Food Stamp Program Access Policy 19-ADM-12 United States Department of Agriculture (USDA) SNAP Civil Rights Requirements 13 INF-05 Mandatory Supplemental Nutrition Assistance Program (SNAP) Right to File Poster- LDSS-4995 GIS 10 TA/DC026 Clark v. Astrue: Temporary Assistance (TA) and Food Stamps (FS) Policy for Probation and Parole Violators 07-INF-03 Recovery/Recoupment Due to Fleeing Felon and Probation/Parole Violator Status GIS 08 TA/WMS008 New Policy and Closing Codes for Fleeing Felons and Probation and Parole Violators E. Records POLICY Each district must: 1. Maintain certification records on applicants and/or recipients of SNAP benefits including: a. Applications for certification or recertification, in addition to withdrawn applications b. Worksheets used in the computation of income for eligibility and the basis of issuance c. Documentation, including the method of verification used by the eligibility worker to make decisions in the case d. Copies of forms sent to the issuance unit to authorize or change participation or to serve as the basis of issuance e. Copies of notices sent to the household and any subsequent responses to those notices f. Copies of actions related to the fair hearing process g. The electronic equivalents of the above documents 2. Restrict the use or disclosure of information obtained from applicant households to: a. Persons directly connected with the administration and enforcement of: 1) The SNAP Act or regulations; 2) Other federal assistance programs; or 3) Federally assisted State programs which provide assistance on a means tested basis to low-income individuals. 4) The establishment, monitoring and collection of over-issuance claims NOTE: Items 2 and 3 refer to programs such as FA, Medicaid, SSI, SNA, EAF and EAA. b. Employees of the Comptroller General's Office of the United States for audit examination authorized by any other provision of law; and c. Local, State or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the SNAP Act or regulations. The written request must include the identity of the individual requesting the information, and his authority to do so, the violation being investigated and the identity of the person on whom the information is requested. 3. Keep all records, documentation and other information including paper originals, copies of originals, electronically imaged documents or an electronic record such as information retained in WMS, CAMS, clearance reports, other electronic storage system, and so forth. Information must be readily retrievable for district, federal, State, client, or fair hearing review, and kept according to the USDA time limits and State requirements. Keep closed case documentation according to the USDA time limits outlined below: IPV Disqualification Records: Indefinite. These records must be retained for the life of the individual or until USDA notifies the State that the record is no longer needed. Work Requirement Violation Records: Indefinite. Permanent work rule disqualifications must be retained for the life of the individual or until s/he reaches age 60, whichever occurs first. Claims Records: 3 years after the claim is either satisfied or closed administratively. Issuance Records: 3 years from the date the federal debt is paid for cases with claims. In addition, follow these State requirements: General Program Records: 6 years from the date of closing. Certification Records: 6 years from the end of the date of certification or, if under investigation, until the investigation is resolved or the penalty imposed. DSS-3214 "Status of Claims Against Households": 6 years CAMS Reports: 6 years **It is important to note that Civil Rights Complaints must be kept in a confidential manner, separate from the program file. The storage requirements for Civil Rights Complaint related documents, as well as the retention rules, are described at 15-LCM-09 SNAP Revised Civil/Human Rights Complaint Procedures. Please contact OTDA Equal Opportunity and Diversity at (518) 473-8555 with any questions. 4. Submit statistics, reports and other information (including the work registration program) as may be required by OTDA within the timeframes established by OTDA. NOTE: The District must keep records and submit reports and other information as required by the Department. (SNAPSB Section 18: SNAP Record Retention/Documentation). NOTE: Establish an organizational structure which divides the responsibility for eligibility determination and SNAP benefit issuance among the certification, data management and issuance monitoring units to assure that the unauthorized creation or modification of case records is not possible. 5. Make the contents of the case file available for inspection during normal business hours when there is a written request to review material and information contained in the file from a responsible member of a household or their designated representative, (regarding administrative actions that impact their own circumstances), the household authorized representative, or a person acting in the household's behalf. However, the State agency may withhold confidential information, such as the names of individuals who have disclosed information about the household without the household's knowledge, or the nature or status of pending criminal prosecutions. 6. Protect the integrity of the client's PIN by NOT maintaining a copy of the client's PIN in the case record or elsewhere. Reference: 387.2 Responsibilities of Local Department 98-INF-03 Food Stamp Program: Record Retention 92-LCM-122 Electronic Benefit Issuance and Control System (EBICS) PIN Security Requirements 04 ADM-01 Establishing and Collecting Food Stamp Overissuance Claims 15-LCM-01 Records Access F. Electronic Benefit Transfer (EBT), Common Benefit Identification Card (CBIC) Electronic Benefit Transfer (EBT) is mandated by USDA to deliver SNAP benefits electronically through the commercial financial infrastructure. Any unauthorized issuance, use or alteration of a Common Benefit Identification Card (CBIC) and the State-approved district notice of change form is a federal crime. Each district must: 1. Take all precautions necessary to avoid unauthorized use of the CBIC or notice of change forms and must safeguard these documents from theft, embezzlement, loss, damage or destruction by keeping them under lock and key. 2. Notify OTDA immediately if counterfeit or stolen cards and/or notice of change forms are discovered or if a theft occurs. When a recipient, who accesses SNAP benefits by the use of a CBIC, reports the loss or theft of that CBIC, the district must initiate procedures to prevent unauthorized access to the recipient’s SNAP benefits by disabling/statusing the card in CBIC. This action will disable the card on the EBT system preventing the use of the CBIC for SNAP purchases, cash withdrawals, and for Medicaid purposes. Note: The physical card does not need to have been stolen for the CBIC to be considered stolen. Stolen access to a CBIC can occur without the household ever losing physical possession of the card if the account information was stolen through electronic, scam-related means such as EBT card skimming, cloning, third party misrepresentation, or other similar fraudulent method like phishing. A CBIC compromised in this way is considered stolen and must be deactivated upon report of theft. 3. Institute procedures for ensuring that CBICs returned undeliverable by the USPS be handled in a secure manner, and that the disposition of these cards be documented. (EBT Manual, Section 2-6) 4. Issue Vault Cards when there is a need for a valid card in a timeframe that precludes mailing. Note: Mailing of vault cards is allowed when it is unlikely that the CBIC and PIN can be mailed/delivered to the applicant within the expedited service seven-day timeframe. Districts must have secure storage areas for plastic vault card stock and must have terminal security procedures and protocols for card and benefit issuance in place. Precautions to be exercised by the district include designating specific personnel for accessing the plastic vault card stock and notice of change forms; maintaining an inventory control record of the card number and date of all vault cards withdrawn from or placed in inventory; maintaining the signature of the person receiving said vault card as a record of receipt; and continuing to retain the inventory record for audit purposes. A physical inventory of all blank vault cards must be made at least once a week. When the vault card is mailed, the district worker and supervisor must sign the inventory control form. Depending on the volume of vault cards issued, the inventory control forms should be filed on a daily or weekly basis. (EBT Manual Section 4). NOTE: In Districts that are responsible for a bulk supply of these cards, it is recommended that the responsibility for maintaining the inventory be restricted to one individual. OTDA recommends that documents related to the CBIC be retained for six years and that documents related to card issuance be stored where the person responsible for card inventory can access the information, rather than only with the case files. A client who forgets or needs to establish or change his/her PIN can do so by following the procedures found in SNAPSB Section 15. References: 387.4 Security control, processing of food stamp identification cards 387.5 General application process 23-ADM-07 - Replacement Procedure for SNAP and/or TA Benefits Stolen via Skimming, Cloning, Phishing, or Other Fraudulent Methods Electronic Benefits Transfer (EBT) Fiscal Manual 00-ADM-08 Electronic Benefit Transfer (EBT) 92-LCM-122 Electronic Benefit Issuance and Control System (EBICS) PIN Security Requirements; 04-LCM-02 Procedures regarding the security of Common Benefit Identification Cards (CBICS) returned undeliverable by the United States Postal Service (USPS). G. Disaster/Emergency Preparedness 1. Purpose Under the federal Disaster Supplemental Nutrition Assistance Program (D- SNAP) in New York State the Robert T. Stafford Disaster Relief and Emergency Assistance Act provides the Secretary of Agriculture with the authority to operate a D-SNAP when areas affected by a disaster have received a Presidential Major Disaster Declaration (for Individual Assistance). D-SNAP is intended to provide temporary food assistance for households affected by a widespread disaster. For further information: 2024-2025 New York State Disaster SNAP Program OTDA intranet at NYS Disaster Preparedness/Response | OTDA Intranet Districts can also utilize the D-SNAP checklist available in the toolkit on the FNS website at the following link: http://www.fns.usda.gov/disasters/response/D-SNAP_Handbook/guide.htm. 2. District Responsibility Districts should become familiar with D-SNAP requirements and the OTDA D- SNAP plan so they will be prepared to respond in the case of a disaster. Steps that districts should take to prepare would include: train appropriate local staff to assist in implementing a D-SNAP, establish a disaster response coordinator or contact person for State inquiries, develop and maintain a plan for alternate staffing, re-deployment of staff and requesting OTDA assistance. Counties should also consider developing a plan for continuity of regular program operations in event of a D-SNAP operation as well as a plan that considers the needs for the homebound, the elderly and individuals with disabilities who may not have access to D-SNAP sites, to have an opportunity to apply for D-SNAP benefits. If possible, counties should have sites identified and agreements in place for the use of sites with the facilities necessary and adequate to the operation of a D-SNAP. Counties can collaborate with the local public transportation service authority and community partners to provide transport to and from application sites for remote populations, the elderly, and persons with disabilities. During the response phase of the emergency, it is essential that districts: : • Provide information and any required reports to OTDA, • Provide information on how and where to apply for assistance to applicants and recipients • Assure that there are a sufficient number of application sites and that these sites are safe and meet health standards; • Process D-SNAP applications, and in conjunction with the issuance agent, institute safeguards to prevent fraud and abuse • Coordinate disaster relief efforts with other county, State, and federal agencies, and with other private and community-based organizations (CBO)s. 3. Impact Of The Emergency After the emergency is over, and recovery activities are being conducted, it is necessary to determine the impact of the emergency to the fullest extent possible. This assessment will include not only the cost of benefit assistance, but administrative costs, including costs for staff overtime and any damages to district offices and equipment. USDA often requires the state to conduct significant post disaster audit activities after a D-SNAP has been concluded. Reference: 387.2(x) Responsibilities of Local Department 387.16(n) Special provisions for household circumstances 274.6(a)(2) Replacement issuances and cards to households