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Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 1 of 7 Families First Application Process Policy 23.01 Effective: July 1, 2024 Introduction The Tennessee Department of Human Services shall allow any individual who wishes to apply for Families First the opportunity to file an application and have a determination of eligibility within forty-five (45) calendar days. Scope This policy outlines the process for individuals to obtain and file an application, as well as the application and interview process. Policy Right to Apply for Families First 1. Any person wishing to do so shall have the opportunity to apply for Families First. The right to file an application shall not be denied to any person even though it is apparent that eligibility for Families First benefits does not exist. 2. Information about the Families First program administered by the Tennessee Department of Human Services (TDHS) shall be provided to any person requesting it. 3. A customer may be assisted by any individual of their choosing in completing and submitting the application, interviewing with the assigned TDHS staff, and submitting verifications. 4. It is unlawful to charge or receive anything of value, either directly or indirectly, for providing application assistance to a person requesting Families First. 5. Proof of eligibility is not required prior to filing an application. Filing an Application 1. The Families First application process begins with a signed request for assistance on HS-0169 Family Assistance Application or completing an online application. a. Applications will be available to any person who requests an application in person at all TDHS county offices.
Subject: Families First Application Process
Policy 23.01 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 2 of 7 b. The application will be mailed on the same business day when an application request is received by mail, phone, fax, or electronically during normal business hours. • Requests received outside of normal business hours will be mailed on the following business day. c. Any person making an inquiry about an application should be advised of their right to same-day filing to protect the application start date. 2. TDHS will accept signed and dated applications received in the county office. Applications should be filed in the customer’s county of residence. a. The application may be received in person, by mail, online, by fax, or other electronic transmission. b. The application may be filed by the customer, their authorized representative, designated agent, or someone acting responsibly for them. c. The application file date will be the date the application is received by the county office during normal business hours. d. The application file date will be the following business day for applications received outside of normal business hours. e. Applications that contain the customer’s name and signature are valid. f. Receipt of an original application in addition to the faxed or electronic copy is not required. 3. The customer may voluntarily withdraw the application at any time prior to the determination of eligibility. Timeliness Standards 1. The standard for completing applications for Families First will be no later than forty-five (45) calendar days from the application file date. 2. Benefits are issued the first (1st) business day following the day the authorization is completed. 3. Any application for Families First that is not processed and authorized on the forty-ninth (49th) calendar day will be issued interim benefits based on the information that is available in the case record so that the customer’s benefits are issued no later than the fiftieth (50th) calendar day. 4. The authorization action will consist of approval or denial. Denial must be based on ineligibility for the program, failure to develop and/or sign a Personal Responsibility Plan, loss of contact, withdrawal of the application, or death of the customer. Scheduling Interviews 1. TDHS will schedule an interview as promptly as possible after the filing of the application.
Subject: Families First Application Process
Policy 23.01 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 3 of 7 2. A customer who misses an interview will not be automatically scheduled for a second (2nd) interview. An application that is pending will be denied on the forty-fifth (45th) calendar day if the customer does not reschedule a missed interview. 3. If eligible, the AU will have the opportunity to renew benefits annually. a. The eligibility and case management system will provide an appointment notice to the AU the month before the AU renewal is due. The notice will contain HS-3026 Family Assistance Renewal Application. b. The renewal application must be received by TDHS before the renewal interview can be conducted. c. If the customer does not complete an application and/or misses their renewal interview, the case must be closed on or before the fifteenth (15th) of the month. Interviewing for Eligibility The customer or the customer’s designee must complete an interactive interview with the eligibility staff at each application. The initial interview cannot be completed by phone unless the face-to-face interview has been waived due to a barrier. At annual renewal, the interview can be completed face-to-face or by phone. Home visits are not mandatory but may be used when no alternative accommodations can be made or are appropriate for the situation. The interviews are designed to: 1. Allow the eligibility staff to assist the customer in understanding TDHS and its programs, clarify the customer’s questions about eligibility, and determine eligibility in an organized manner while allowing the customer the opportunity to present information in their own words. 2. Allow the eligibility staff and the customer an opportunity to discuss the customer’s goals, specific needs, and potential support services needed to help the family move towards self- sufficiency. 3. Provide the opportunity to discuss the customer’s rights and responsibilities. 4. Provide an opportunity to discuss other resources that may be of assistance to the customer. 5. Provide the eligibility counselor with the information needed to determine which one (1) of the four (4) paths through the program is most appropriate for the customer. a. Child Only b. Work Exempt c. Diversion d. Work and/or Educational Activity Note: A single interview may be conducted for all Family Assistance programs. If there are multiple AUs in the residence group, the head of each AU must be interviewed. Determination of Eligibility The following must be established during the application process:
Subject: Families First Application Process
Policy 23.01 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 4 of 7 1. Technical Eligibility as outlined in policy 23.03 Families First Technical Eligibility. 2. Income Eligibility as outlined in policy 23.05 Families First Income Eligibility 3. Resource Eligibility as outlined in policy 23.04 Families First Resource Eligibility. 4. The Personal Responsibility Plan as outlined in policy 23.07 Families First Personal Responsibility Plans. 5. If the customer fails or refuses to cooperate in the eligibility determination process, it will result in case closure or application denial. Providing Notice of Eligibility Determination The eligibility and case management system will generate a notice to the customer on the first (1st) business day following the day the Families First AU has been authorized. 1. The reason for the approval/denial will generate the text for the approval or denial notice of the Families First AU. 2. The denial notice will contain an explanation of why the application was denied and of the right to reapply at any time. 3. The approval notice will contain: a. The ongoing monthly benefit amount and the amount for the application period. b. The month the cash payment will begin. c. A reminder to report changes within ten (10) calendar days of the change. 4. A fair hearing statement is included with all notices. The fair hearing statement contains a name and telephone number of the person to contact for additional information. If there is an individual or organization that provides free legal representation, the AU will be advised of the availability of that service. Reapplication after Denial If an AU files an application within three (3) months of case closure or the denial of an application: 1. The customer must be interviewed and have all points of eligibility reviewed. 2. All matches must be reviewed. 3. Verify the following factors of eligibility: a. That the point(s) of eligibility which caused the previous denial or closure no longer exists; b. AU composition; c. Income; d. Deductible expenses; and e. Resources, if questionable. 4. Review the need for drug screening as outlined in policy 23.06 Families First Drug Testing.
Subject: Families First Application Process
Policy 23.01 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 5 of 7 5. Renegotiate the Personal Responsibility Plan as outlined in Policy 23.07 Families First Personal Responsibility Plans. Note: The eligibility and case management system will require that all eligibility factors be verified. Unless the information is questionable or has changed at the time of the interview, accept the previous verification and the statement of the customer for the verification other than those listed above. Customers Who Appear to be Eligible for SSI When the Families First customer appears to be potentially eligible for Supplemental Security Income (SSI), the customer will be asked whether an application for SSI has been filed. If an application for SSI has not been filed, a brief explanation of the program will be provided to the customer. 1. The customer will be included in the AU and, if they choose to apply for SSI and become eligible, they will be removed from the AU at the time eligibility for SSI is attained. 2. If the customer wishes to relinquish SSI and be included in the Families First AU, the eligibility counselor will explain the differences in benefits. If the individual chooses to be in the Families First AU, the eligibility counselor will ask the individual to talk to a Social Security Office representative. When the State Data Exchange (SDX) verifies that the individual no longer receives SSI, the individual may be added to the Families First AU. Supporting Documents HS-0169 FA Application for Assistance-English HS-0169 FA Assistance Application Addendum-English HS-0169sp FA Assistance Application-Spanish HS-0169sp FA Assistance Application Addendum-Spanish HS-0169a FA Assistance Application and Addendum-Arabic HS-0169s FA Assistance Application and Addendum-Somali HS-0169sw FA Assistance Application and Addendum-Swahili HS-3026 FA Renewal Application-English HS-3026sp FA Renewal Application-Spanish Family Assistance Online Application Families First Application Process Procedures Families First Rights and Responsibilities 23.06 Families First Drug Testing Policy 23.04 Families First Resource Eligibility 23.05 Families First Income Eligibility 23.07 Families First Personal Responsibility Plans
Subject: Families First Application Process
Policy 23.01 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 6 of 7 Definitions/Acronyms Term Definition AU Assistance Unit Child Only Cases in which the caretaker is a non-parental relative who is not included in the AU or the caretaker(s) is a Supplemental Security Income (SSI) beneficiary Diversion The Families First Diversion payment is designed to address immediate and compelling financial needs and help a customer secure or maintain employment. The Diversion payment does not exceed twelve (12) months of Families First benefits. Family Assistance Eligibility Staff Any Family Assistance staff that may interview the customer and/or determine program eligibility. This may include Eligibility Assistants and/or Eligibility Counselors. Interim Benefits Temporary benefits issued to customers whose application has not been processed timely due to no fault of the customer. Normal Business Hours Normal business hours are 8AM-4:30PM local county office time. For online applications, normal business hours are 8AM-4:30 PM Central Standard Time (CST). Personal Responsibility Plan (PRP) An agreement between the Families First customer and the TDHS in which the Families First customer agrees to take certain steps to move the AU to self-sufficiency. In return, TDHS agrees to provide temporary cash assistance and additional support services to help the customer gain employment. SDX State Data Exchange SSI Supplemental Security Income TANF Temporary Assistance to Needy Families TDHS Tennessee Department of Human Services Work Exempt The caretaker is a mandatory member of the AU but is unable to work because they are: sixty-five (65) years old or older, disabled, caring for an in-home disabled relative, a parent in a two (2) parent household caring for an infant less than sixteen (16) weeks of age, or a single parent caring for an infant less than one (1) year of age. Work and/or Educational Activity The caretaker is a mandatory member of the AU but is not exempt from the work and/or education activity and either does not meet diversion criteria or does not choose diversion. Supersedes Policy 23.01 Families First Application Process, eff. date 03/01/2024 Authority 45 C.F.R. § 206.10. Tenn. Code Ann. § 71-3-118 Tenn. Comp. R. & Regs. 1240-1-14; 1240-1-15; 1240-1-17; 1240-1-45. Application All TDHS Family Assistance Staff and Contractors
Subject: Families First Application Process
Policy 23.01 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 7 of 7 Revision History Date Version Location of Change Description/Reason for Change 06/26/2024 07/01/2024 Definitions This policy revision removed temporarily incapacitated from the work exempt definition. 02/23/2024 03/01/2024 Title, Introduction, Policy Section, & Definitions. Revised to remove Availability of application section and update the language throughout to match current processes, the glossary, and supporting documents. 02/14/2018 02/15/2018 Policy Section & Supporting Documents Addition of information regarding drug screening & references to Supporting Documents 03/02/2017 04/01/2017 New Document New Document Approval History Approved By Approver Title Approved Date Effective Date Clarence Carter Commissioner 06/26/2024 07/01/2024 Clarence Carter Commissioner 02/23/2024 03/01/2024 Danielle Barnes Commissioner 02/14/2018 02/15/2018 Cherrell Campbell-Street Deputy Commissioner 03/02/2017 04/01/2017 Current Approver
Date of Last Review: 03/11/2024 Effective Date: 04/01/2024 Date of Next Review: 03/11/2027 RDA: SW22 Page 1 of 7 Families First Assistance Units Policy 23.02 Effective: April 1, 2024 Introduction The Tennessee Department of Human Services shall determine which individuals living in the home must be included in an assistance unit. Scope The purpose of this policy is to outline the requirements for constructing the Families First assistance unit. Policy Assistance Unit 1. Construction of the assistance unit (AU) begins with the child(ren) for whom Families First is requested. 2. Children must be within the specified degree of relationship to the applicant. 3. All AU members must be technically eligible as outlined in policy 23.03 Families First Technical Eligibility. 4. Countable income and resources of AU members must be considered as outlined in policies 23.05 Families First Income Eligibility and 23.04 Families First Resource Eligibility. Mandatory Assistance Unit Members Mandatory AU members include the following: 1. The dependent child. 2. The technically eligible whole, half, and/or adopted siblings of the dependent child. 3. The technically eligible parent(s) living in the home with the dependent child. 4. The technically alleged parent in the home. a. The blood relationship to the child must be established. b. An alleged parent cannot be included in the AU of the child has a legal father.
Subject: Families First Assistance Units
Policy 23.02 Date of Last Review: 03/11/2024 Effective Date: 04/01/2024 Date of Next Review: 03/11/2027 RDA: SW22 Page 2 of 7 5. If a minor parent is applying for their child, the child must be included in the major parent’s AU if the major parent is receiving assistance for the minor parent. Optional Assistance Unit Members Optional AU members include the following: 1. A grantee relative who: a. Provides a home for the child; b. Exercises primary responsibility for the care and control of the child; c. Asks to be included; and d. Is otherwise eligible for Families First. 2. A stepparent when: a. A natural/adoptive parent in the home is incapacitated, or b. The stepparent is the only relative in the home who meets the requirements as a caretaker. 3. A major parent when: a. A minor parent in the home is applying for Families First for their child, and b. The major parent is not requesting assistance for the minor or any half or whole sibling(s) of the minor parent. 4. A minor parent’s child if: a. The major parent is applying for the minor parent, or b. The minor parent moves into the home of the major parent and must be included in the AU with their sibling(s). Note: If the minor parent opts to exclude their child, their child cannot be eligible for a separate grant. 5. A spouse married during the receipt of assistance for the first three (3) calendar months after the marriage as outlined in policy 23.16 Families First Marriage During the Receipt of Assistance. Individuals Excluded from the Assistance Unit The following individuals must be excluded from the AU: 1. Any individuals who receive Supplemental Security Income (SSI). 2. Individuals who are not technically eligible as outlined in policy 23.04 Families First Technical Eligibility. 3. Individuals disqualified for Intentional Program Violations (IPV). 4. Individuals who are convicted or who enter a guilty plea or plea of nolo contendere in a federal or state court for having made a fraudulent statement or representation with respect
Subject: Families First Assistance Units
Policy 23.02 Date of Last Review: 03/11/2024 Effective Date: 04/01/2024 Date of Next Review: 03/11/2027 RDA: SW22 Page 3 of 7 to the place or residence in order to receive assistance simultaneously from two (2) or more states. 5. Fleeing felons who have knowledge that they are or could be wanted for a felony level criminal act and have taken or are in the process of taking action to avoid prosecution. 6. Probation/parole violators who are in violation of a condition of probation or parole under a federal or state law. 7. Individuals who are convicted under Federal or State law of any felony offense which occurred after August 22, 1996, which has an element of the offence of possession, use, or distribution of a controlled substance. a. All persons convicted of a class A felony of this type, or its equivalent if the offense occurred outside of Tennessee. b. Other felony classes of this type may be eligible as described in Exceptions. c. An individual convicted on or after July 1, 2011, of any substance subsequent drug felony offense under federal or state law which involves possession, use, or distribution of a controlled substance, shall not be eligible for Families First for three (3) years from the date of conviction. i. The applicability of this section is tied to the conviction date (on or after July 1, 2011) and is not linked to the date the offense occurred. ii. If a drug treatment program is prescribed for an individual convicted on or after July 1, 2011, of a drug felony (first offense or multiple offenses) and the individual fails to successfully complete the substance abuse program within three (3) attempts, the individual will be ineligible for Families First for a period of three (3) years. 8. Individuals with a positive drug test result who fail to cooperate with the requirements of their substance abuse evaluation and/or treatment as outlined in policy 23.06 Families First Drug Testing. 9. Individuals sanctioned for failure, without good cause, to cooperate with the minor parent school attendance requirement as outlined in policy 23.09 Families First School Attendance. Exceptions 1. Emancipation of a minor by court order or any other action has no effect on a person’s status as a minor for Families First purposes. 2. Different sets of children living in the home with a caretaker (within the specified degree of relationship) and the caretaker’s children may be included in one (1) AU when it is to the advantage of the AU. 3. Legal guardians or custodians may receive Families First for a child only if the guardian is within the specified degree of relationship to the child. a. A guardian/custodian may file an application on behalf of a dependent child and be appointed payee for the grant. However, the child must live in the home of a specified relative to be eligible.
Subject: Families First Assistance Units
Policy 23.02 Date of Last Review: 03/11/2024 Effective Date: 04/01/2024 Date of Next Review: 03/11/2027 RDA: SW22 Page 4 of 7 b. If a child lives with a specified relative who has a legally appointed guardian or custodian, the guardian/custodian must file the application and be named payee for the grant. 4. An individual convicted of a drug felony offense which occurred on or after August 22, 1996, and involves possession, use, or distribution of a controlled substance, may be eligible for Families First if they are in compliance with, or have already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations, and the convicted individual: a. Is participating in a TDHS-approved substance abuse treatment program; or b. Is currently enrolled in and/or on a waiting list to enter a TDHS-approved substance abuse treatment program; or c. Has successfully completed a substance abuse treatment program approved by TDHS; or d. Has been determined by a treatment provider licensed by the Tennessee Department of Mental Health and Substance Abuse Service not to need treatment. 5. Individuals who have been granted judicial diversion for a Class E felony charge will continue to be eligible for Families First benefits as long as they are cooperating with the conditions of the court, including successful completion of their probationary period provided no future charges occur. The court does not recognize a diversion plea as a conviction. 6. Parents who are not in the home must be included in the AU when: a. The parent is temporarily out of the home and maintains their function as a provider of maintenance, physical care, or guidance for the child. b. The parents have true 50/50 joint custody of the child. Unstable Assistance Units The caseworker must consider whether changes in the AU are needed if the child’s parent(s) comes into the home but does not stay for long periods of time when there is a non-parental caretaker. 1. When it is determined that the parent(s) is in and out of the home and the non-parental caretaker continues to maintain care and control of the child, both the non-parental caretaker and the parent(s) should be included in the AU. 2. When it is determined that the parent(s) is in the home permanently and has assumed care and control of the child(ren), the non-parental caretaker’s case must be closed. See Families First Assistance Unit Procedures for more information. Pregnant Woman Only Cases 1. A Families First AU may consist of a pregnant woman only when: a. There are no living eligible children in the home; b. It is medically verified that the woman is at least in her sixth (6th) month of pregnancy; c. The woman and child, if born, would meet all other Families First eligibility criteria; and
Subject: Families First Assistance Units
Policy 23.02 Date of Last Review: 03/11/2024 Effective Date: 04/01/2024 Date of Next Review: 03/11/2027 RDA: SW22 Page 5 of 7 d. The pregnant woman is not a minor whose parent is in the home and is receiving Families First for the pregnant minor’s sibling(s). 2. The pregnant woman must have a Personal Responsibility Plan, including a work and/or education activity unless otherwise exempt. Caretaker of a Child Receiving SSI When the only child(ren) in the home receives SSI, an AU may be created consisting of only the caretaker: 1. The SSI child must meet all other Families First technical eligibility requirements as outlined in policy 23.03 Families First Technical Eligibility. 2. The caretaker of the SSI child must meet Families First income eligibility as outlined in policy 23.06 Families First Income Eligibility. 3. The caretaker of the SSI child must meet Families First resource eligibility as outlined in policy 23.05 Families First Resource Eligibility. 4. A stepparent may be included with the SSI child’s parent if the parent is incapacitated. 5. The spouse of the non-parental caretaker is not eligible to be included in the AU. Supporting Documents 23.03 Families First Technical Eligibility 23.04 Families First Resource Eligibility 23.05 Families First Income Eligibility 23.16 Families First Marriage During Receipt of Assistance 23.06 Families First Drug Testing Assistance Unit Procedures Family Relationship Chart Assistance Units Desk Guide Pregnant Women Desk Guide Unstable Assistance Units Desk Guide
Subject: Families First Assistance Units
Policy 23.02 Date of Last Review: 03/11/2024 Effective Date: 04/01/2024 Date of Next Review: 03/11/2027 RDA: SW22 Page 6 of 7 Definitions/Acronyms Term Definition Assistance Unit A group of people applying for or receiving Families First benefits AU Assistance Unit Intentional Program Violation (IPV) A determination or adjudication by an administrative disqualification hearing or state or Federal court that an individual or group of individuals knowingly obtained benefits to which they were not entitled. Major Parent A biological or adoptive parent of a minor parent. Minor Parent A parent under the age of eighteen (18). Minor Parent Caretaker Biological parent who is under the age of eighteen (18) and is the head of their own AU. Specified Degree of Relationship/Specified Relative Any blood relative, i.e., father, mother, brother, sister, uncle, aunt, first cousin, nephew, niece, or first cousin once removed. This includes relationships to preceding generations, grandparents, great-grandparents, great-great-grandparents, great uncles/aunts, and great-great-great-grandparents. Spouse Either of a married pair in relation to the other. If a married couple presents themselves as married, they are to be considered married. SSI Supplemental Security Income TDHS Tennessee Department of Human Services True 50/50 Joint Custody Each parent has custody of the child for equal periods of time through the year and provides equal financial responsibility for that child. Supersedes Policy 23.01 Families First Assistance Units (AU) effective 05/01/2017 and Policy 23.03 Impact of a Drug Felony Conviction on Receipt of Families First effective 10/31/2016. Authority Tenn. Code Ann. § 71-3-104 Tenn. Comp R. & Regs. 1240-01-46 Application All TDHS Family Assistance Staff and Contractors
Subject: Families First Assistance Units
Policy 23.02 Date of Last Review: 03/11/2024 Effective Date: 04/01/2024 Date of Next Review: 03/11/2027 RDA: SW22 Page 7 of 7 Revision History Date Version Location of Change Description/Reason for Change 03/11/2024 04/01/2024 Subject line, Introduction, Assistance Unit, Mandatory Assistance Unit Members, Optional Assistance Unit Members, Individuals Excluded from the Assistance Unit, Exceptions, Unstable Assistance Units, Pregnant Woman Only Cases, and Caretaker of a Child Receiving SSI. Updates to the language in the policy, added hyperlinks to the document, and completed re-writes in sections for clarity. 03/13/2017 05/01/2017 New Document New Document Approval History Approved By Approver Title Approved Date Effective Date Clarence H. Carter Commissioner 03/11/2024 04/01/2024 Cherrell Campbell-Street Chief Officer of Programs and Services 03/13/2017 05/01/2017 Current Approver
Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 1 of 6 Families First Technical Eligibility Policy 23.03 Effective: January 15, 2024 Introduction To be eligible for Families First, all assistance unit members must be enumerated, a resident of the State of Tennessee, and a citizen of the United States or qualified non-citizen. Children in the assistance unit must also meet age and relationship requirements. Scope The purpose of this policy is to outline the non-financial eligibility requirements for Families First. Policy Enumeration 1. Each customer included in the assistance unit (AU) must provide their Social Security Number (SSN) or numbers if more than one number has been issued. 2. If an individual does not have an SSN, they must apply for an SSN prior to being approved for benefits or prior to being added to an existing AU. 3. If the caretaker fails or refuses to enumerate a mandatory AU member, then that individual is technically ineligible and must not be included in the AU. Residence 1. A Families First AU must reside in Tennessee. • Temporary absences from the state with subsequent returns, or intent to return once the purpose of the absence has been accomplished, do not terminate residence. 2. No individual may receive benefits as a member of more than one AU, in more than one county or state, within the same month. 3. There is no durational residency requirement for Families First.
Subject: Families First Technical Eligibility
Policy 23.03 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 2 of 6 Citizenship 1. To receive Families First, an individual must be a citizen of the United States or a qualified non-citizen who is lawfully admitted to the United States. 2. The citizenship status of each AU member must be acknowledged on the citizenship section of the HS-0169 Application for Assistance. 3. An ineligible non-citizen will be excluded from the Families First AU but may receive a grant for any eligible children in their care. See Families First Technical Eligibility Procedures for additional information. Age Requirement To be eligible for Families First benefits, a child must be under the age of eighteen (18) unless they meet one of the following conditions: 1. A student under age of nineteen (19) who will complete high school or an equivalent vocational/technical training before their nineteenth (19th) birthday will continue to be eligible through the month of their graduation. 2. A student under age of nineteen (19) with a disability as defined by the Americans with Disabilities Act (ADA) will continue to be eligible through the month of their nineteenth (19th) birthday even if they will not complete high school or vocational/technical training. Relationship 1. To be eligible for Families First, a child must be living in the home of a parent or certain relative who is within a specified degree of relationship to the child. Relatives must be within the specified degree of relationship as outlined on the Family Relationship Chart. 2. The relationship requirement cannot be waived. 3. When the child lives with the relative, it is presumed that the relative has care and control of the child. • In certain situations, the caseworker must determine who has care and control of the child on a case-by-case basis. These situations may include but are not limited to the following: i. Joint custody cases. ii. When the relative and the child live in different dwellings. iii. When a temporary absence is claimed. iv. When a relative who is not the parent receives Families First benefits for the child and a parent returns to the home.
Subject: Families First Technical Eligibility
Policy 23.03 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 3 of 6 Supporting Documents HS-0169 Application for Assistance-English HS-0169sp Application for Assistance-Spanish HS-0169a Application for Assistance-Arabic HS-0169s Application for Assistance-Somali HS-0169sw Application for Assistance-Swahili Families First Technical Eligibility Procedures Family Relationship Chart Non-Citizen Status Desk Guide Definitions/Acronyms Term Definition Adoption of children Legal adoption of a child or a child’s parent establishes a legal relationship to a new set of relatives, both immediate and extended. The adoptive relatives within the specified degree of relationship qualify to receive Families First for an adopted child as do the blood relatives of the adopted child. AU Assistance Unit Care and Control A relative is considered to have care and control of child when they have the major responsibility for parental obligations of day-to-day care, support, supervision, and guidance for the child. These responsibilities may be carried out either alone or with another person living in the home. Child Born of Annulled/Bigamous Marriage Children born of an annulled or bigamous marriage are considered the legal children of that marriage. Child Born During Marriage By law in Tennessee, any child born during a marriage or within ten (10) months of the termination of the marriage by death or divorce is presumed to be the child of the mother’s husband. Child Born out-of- Wedlock A child born to an unmarried mother. Citizen of the United States The United States is defined as the fifty (50) states and the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. In addition, nationals from American Samoa or Swain’s Island are considered U.S. citizens for eligibility purposes. Enumeration Enumeration is the procedure by which the Social Security Administration (SSA) in cooperation with TDHS assigns and/or verifies Social Security numbers (SSN) for Families First customers. Legitimated Children Children who have been legitimated are entitled to all rights and privileges of a child born in wedlock. Therefore, relatives of the legitimating parent are considered as relatives eligible to receive Families First for the child.
Subject: Families First Technical Eligibility
Policy 23.03 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 4 of 6 Term Definition Marriage of the Natural Parents to Each Other If the father of the child born out of wedlock holds the child out as his and the parents are married to each other after the child’s birth, the child is legitimated at the point of the parent’s marriage. The parents may request legitimation by making application for a new Certificate of Birth to the Tennessee Department of Health and Vital Records. Both parents must sign the necessary forms in order for the change in records to be made. A certified copy of the marriage certificate and a notarized request on a form provided by Vital Records must be sent to Vital Records in order to change the child’s birth certificate to show his/her legitimate status. Paternity Proceedings A petition by the mother, the putative father, the Department of Human Services, or someone acting on the child’s behalf is filed in Juvenile Court seeking to have a child’s status legally determined. Qualified Non-Citizen A noncitizen who is lawfully admitted under at least one of the conditions listed below: • A non-citizen lawfully admitted for permanent residence as an immigrant as defined in Sections 101 (a)(15) and 101 (a)(20) of the Immigration and Nationality Act. However, a non-citizen lawfully admitted for permanent residence pursuant to Section 245A of the Immigration and Nationality Act must be eligible as specified in the paragraph below of this section that addresses non-citizens who are defined as aged, blind, or disabled. • A non-citizen who entered the United States prior to January 1, 1972, or some later date as required by law, and has continuously maintained residency in the United States since then, and is not ineligible for citizenship, but is considered to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to Section 249 of the Immigration and Nationality Act. • A non-citizen who is qualified for entry pursuant to section 207 or 208 of the Immigration and Nationality Act; Note: Amerasians in Vietnam, with certain family members, are to be admitted under this section. They should possess INS documents with an identifier in the range of AM1 through AM3 or AM6 through AM8. In Families First these are treated as refugees. An Amerasian is an individual who was: o Born in Vietnam between January 1, 1962, and January 1, 1976. o Fathered by a U.S. citizen. o Residing in Vietnam as of March 20, 1988 (the date of enactment of the Amerasian legislation). Amerasian family members who can be admitted under Section 207 or 208 of the Act include: the spouse or child of an Amerasian if the spouse or child is accompanying or planning to join the Amerasian; and the Amerasian’s natural mother and the spouse or child of the Amerasian’s natural mother or the person who has acted as the Amerasian’s mother, father, or next of kin and such person’s spouse or child if the family member is accompanying or planning to join the Amerasian. • A non-citizen who is an Afghan and has been granted Special Immigrant Status under section 525 of Title V of the Consolidated Appropriations Act of 2008 as described in Section 101(a)(27) of the Immigration and Nationality Act (INA). • A non-citizen who is an Iraqi and has been granted Special Immigrant Status under the National Defense Authorization Act for Fiscal Year 2008, Section 1244 of Public Law 110-181 as described in section 101(a)(27) of the Immigration and Nationality Act (INA).
Subject: Families First Technical Eligibility
Policy 23.03 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 5 of 6 Term Definition • Spouses and unmarried children under age 21 of Afghan and Iraqi Special Immigrants who accompany or later join the Special Immigrant. • A non-citizen granted asylum through an exercise of discretion by the Attorney General pursuant to Section 208 of the Immigration and Nationality Act. • A non-citizen lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to Section 212 (d)(5) of the Immigration and Nationality Act, or as a result of a grant of parole by the Attorney General. • A non-citizen living within the United States for whom the Attorney General has withheld deportation pursuant to Section 243 of the Immigration and Nationality Act. • A non-citizen who is defined as aged, blind, or disabled in accordance with Section 1614 (a)(1) of the Social Security Act and is considered to be lawfully admitted for permanent residence pursuant to Section 245A (b) (1) of the Immigration and Nationality Act. Such Non-citizens may obtain lawful permanent resident status under Section 245 (b) (1) of the Act no earlier than November 7, 1988. • A non-citizen who is, as of June 1, 1987, or thereafter, a special agricultural worker and lawfully admitted for temporary residence in accordance with Section 210 (a) of the Immigration and Nationality Act. • A non-citizen who is lawfully admitted for temporary residence as an additional special agricultural worker as of October 1, 1989, through September 30, 1993, in accordance with Section 210 (a) of the Immigration and Nationality Act. Resident One who is living in the state/county voluntarily with the intention of making their home here and not for a temporary purpose (persons in the state or county for visits or vacations are not residents); is living at the time of application in the state/county, not receiving benefits from another locality; and has entered the state/county with a job commitment; or is seeking employment, whether or not currently employed. (This definition enables migrant and itinerant workers and their families to establish residence in the location where they came for employment purposes.) SSA Social Security Administration SSN Social Security Number Temporary Absence A temporary absence usually does not exceed three (3) months, and the customer intends to return to their residence in Tennessee. Termination of Parental Rights Termination of parental rights by a court of competent jurisdiction terminates all of the rights and responsibilities of a child’s parents. However, such termination does not affect a child’s relationship to their natural extended family. When blood relationship to these relatives can be factually established, they may receive Families First for the child. Valid Common-Law Marriage Tennessee does not recognize common-law marriages established in Tennessee but does recognize common-law marriages established in states which view them as legally binding. Children born of such previously established marriages are considered legitimate and the spouses are obligated to each other financially. Exception: Not valid for deeming stepparent income.
Subject: Families First Technical Eligibility
Policy 23.03 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 6 of 6 Supersedes Policy 23.04 Families First Technical Eligibility effective 04/15/2018 Authority Tenn. Comp. R. & Regs. 1240-01-47. Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 01/10/2024 01/15/2024 Introduction, Enumeration, Public or Private Agency Sponsors, Individual Citizen Sponsors, Non-Citizen’s Responsibility, Non-Citizen Exempt from the Requirement to Provide Sponsor Support Information, Multiple Sponsorship, Liability for Overpayment, Good Cause for Sponsor to Fail to Provide Information, Age Requirement, and Definitions. Deleted sections no longer applicable and updated the language throughout. 03/23/2018 04/15/2018 New Document New Document Approval History Approved By Approver Title Approved Date Effective Date Clarence H. Carter Commissioner 01/10/2024 01/15/2024 Danielle Barnes Commissioner 03/23/2018 04/15/2018 Current Approver
Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 1 of 4 Families First Resource Eligibility Policy 23.04 Effective: January 15, 2024 Introduction The Tennessee Department of Human Services shall consider the equity value of all resources that are owned by and available to assistance unit members to potentially meet the needs of the assistance unit in determining eligibility for Families First. Scope The purpose of this policy is to provide guidance in determining the amount of resources available to the assistance unit. Policy Resource Amounts 1. All resources owned or jointly owned by assistance unit (AU) members must be considered prior to approval of Families First benefits. • The total value and equity value of all resources must be verified. See Families First Resource Eligibility Procedures for additional information • The availability of resources must also be verified. 2. The equity value of all available resources is considered countable unless exempt as listed in Families First Excluded Resources. 3. Ownership of resources is determined by whose name appears on the document, registration, and/or title for the resource. • Resources that are not typically registered or titled belong to the individual who claims ownership. 4. Available resources are tested against the Families First resource limit as listed on the Family Assistance Standards Desk Guide. • If the total of the available countable resources is greater than this limit by any amount, the AU is not eligible for Families First.
Subject: Families First Resource Eligibility
Policy 23.04 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 2 of 4 Resources of Individuals Who Are Not AU Members The resources of individuals who are not AU members are not countable unless: 1. The resource belongs to an ineligible non-citizen who is in the home AND is the parent of a child in the AU. 2. The resource belongs to an individual who is excluded from the AU but would be a mandatory AU member if not for the disqualification. See policy 23.01 Families First Assistance Units. Treatment of Commingled Liquid Resources 1. Any liquid resource that is not countable (excluded resource) will retain this status as long as the resource is kept in a separate account and not commingled in an account with countable liquid resources. a. All excluded liquid resources that are commingled with countable resources will retain their exemption for six (6) months from the date that the resources are commingled. b. After six (6) months, the total amount of the commingled account will be a countable resource. 2. A resource that has been excluded because it is prorated income and has been commingled in an account with countable resources will not be counted as a resource for the period of time over which it has been prorated. • The resource cannot be counted as income and a resource during the same period of time. Jointly Owned Resources 1. If the Families First AU reports a jointly owned resource, the AU member's share of any countable resource is applied to the AU’s resource limit. a. If the individual can demonstrate that they have access to less than a pro rata share, only the portion to which the individual has access will be counted towards the AU’s resource limit. b. A jointly owned resource is considered inaccessible to the AU if: i. The jointly owned resource cannot be practically sub-divided, AND ii. Access to the AU’s share of the resource is dependent on the agreement of the joint owner, AND iii. The joint owner, who is not an AU member, refuses to comply so that the AU member can obtain their share of the resource. 2. The fact that an AU member’s name appears on a jointly-named asset with that of a non-AU member does not conclusively mean that the resource is jointly owned. a. The AU member must be given the opportunity to prove that they do not have any ownership rights to the resource. b. The key to determining ownership is in the written language or oral understanding surrounding the creation of the jointly owned asset. c. Consider the source of the funds or asset and for whom the use and benefit of the funds/asset are intended and used.
Subject: Families First Resource Eligibility
Policy 23.04 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 3 of 4 d. The burden of proof that they have no ownership in the funds is on the AU member. Sale of Real Property during the Nine (9) Month Exemption Period 1. Real property that is not homestead property and that the AU is making a good faith effort to sell is not a countable resource for up to nine (9) months if the AU signs the HS-3303 Notice of Express Property and Repayment Agreement and agrees to repay the Families First benefits received during the period of exemption. 2. The amount repaid cannot exceed the amount of the net proceeds of the sale. 3. If the real property is sold during the nine (9) month exemption period, the customer must repay the amount f the overpayment within five (5) business days of receiving the proceeds of the sale. 4. Any proceeds remaining after the five (5) business day period are considered an available resource. 5. If the case is closed for any reason during the exemption period, the entire amount of Families First received during the nine (9) month exemption period is considered an overpayment. 6. If the customer has been making a good faith effort to sell the property and it remains unsold at the end of the nine (9) month period, the eligibility counselor must evaluate to determine whether the property should be considered inaccessible. • The customer will be required to repay the Families First received in the initial nine (9) month exemption once the property is sold. Supporting Documents Families First Resource Eligibility Procedure Manual Families First Excluded Resources Family Assistance Standards Desk Guide 23.01 Families First Assistance Units 23.03 Families First Technical Eligibility HS-3303 Notice of Express Property and Repayment Agreement
Subject: Families First Resource Eligibility
Policy 23.04 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 4 of 4 Definitions/Acronyms Term Definition AU Assistance Unit Equity Value The value remaining after the amount of all encumbrances has been subtracted from the fair market value of the resource. Jointly Owned Resources Real or personal property that has more than one owner listed. Pro Rata The process in which the funds being allocated will be distributed in equal portions. TDHS Tennessee Department of Human Services Supersedes Policy 23.05 Families First Resource Eligibility effective 02/15/2018. Authority Tenn. Comp. R. & Regs. 1240-01-50 Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 01/10/2024 01/15/2024 Introduction, Scope, Resource Amounts, Resources of Individuals who are not AU Members, Treatment of Commingled Liquid Resources, Supporting Documents Updated language throughout and added additional supporting documents. 01/29/2018 02/15/2018 New Document New Document Approval History Approved By Approver Title Approved Date Effective Date Clarence H. Carter Commissioner 01/10/2024 01/15/2024 Danielle Barnes Commissioner 01/29/2018 02/15/2018 Current Approver
Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 1 of 5 Families First Income Eligibility Policy 23.05 Effective: January 15, 2024 Introduction The Tennessee Department of Human Services shall consider the amount of income available to assistance unit members to meet the needs of the assistance unit in determining eligibility for Families First. Scope The purpose of this policy is to provide guidance in determining the amount of income available to the assistance unit. Policy 1. All sources of income available to the assistance unit (AU) must be explored, and the gross countable income from all sources must be verified prior to approval, continuation, or renewal of benefits. 2. Any member of the AU who may be eligible for any other types of income, excluding Supplemental Security Income (SSI), must apply for and accept those benefits. a. If the caretaker is a mandatory AU member and refuses to apply for or accept other benefits, the entire AU will be ineligible. b. If the caretaker is an optional AU member and refuses to apply for or accept other benefits, the caretaker would not be eligible to be included in the AU. c. Individuals who receive a Veteran’s Administration pension and who were receiving the pension on or before December 1978 cannot be required to apply for and/or accept improved VA pension benefits. 3. Families First allows a two hundred and fifty dollar ($250) flat work expense deduction from any earned income included in a case. Unearned income is not eligible for this deduction.
Subject: Families First Income Eligibility
Policy 23.05 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 2 of 5 4. All income must be averaged and converted to monthly amounts using the following formulas: a. Weekly income is multiplied by 4.3. b. Bi-weekly income is multiplied by 2.15. c. Semi-monthly income is multiplied by 2. d. Monthly income is multiplied by 1. e. Bi-monthly income is divided by 2. f. Quarterly income is divided by 3. g. Semi-annual income is divided by 6. h. Annual income is divided by 12. 5. Gross income is tested against a Gross Income Standard (GIS) which is 185% of the Consolidated Need Standard (CNS) for the appropriate AU size, as listed on the Family Assistance Standards Desk Guide. a. If the gross income is greater than this standard by any amount, the AU is not eligible for Families First. b. If the gross income is equal to or less than the GIS for the appropriate AU size, then net income is computed, and this amount is used to determine eligibility. 6. The AU is considered income eligible if there is a deficit of one dollar ($1.00) or more between the CNS and net income. 7. All earned and unearned income, including self-employment, is countable, unless excluded as listed in Income Excluded from Families First Determinations. Income That Must be Considered The following income sources must be considered in determining eligibility: 1. Income of parents in the AU. • Income of parents excluded because of a disqualification must also be counted. 2. Any unearned income that is received by a minor child in the AU. • This does not apply to earnings of a minor student that is not a caretaker of the AU. 3. Income of a non-parental caretaker relative only if they are included in the AU. • All of the income of the relative’s spouse must also be considered available to the AU when the non-parental caretaker relative is included and the spouse lives in the home. 4. Income belonging to certain individuals in the home whose income is deemed to be partially available to the AU: a. A stepparent living in the home with stepchildren for whom assistance is requested. b. A parent living in the home with a minor parent who has requested Families First in their own right for a child in their care.
Subject: Families First Income Eligibility
Policy 23.05 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 3 of 5 c. A parent in the home who is excluded from the AU due to citizenship status. Income That is Not to be Considered The following income sources must not be considered in determining eligibility: 1. Supplemental Security Income 2. Earnings of a minor full-time student • This does not apply to minor parent caretakers. 3. Income designated or legally earmarked for a child but not actually received. • The money will not be counted in the AU, but the caretaker must apply to have the money made available to the child. • If the caretaker does not apply to make the money available to the child, the caretaker cannot be included in the AU, if the caretaker is a non-parental relative. 4. Income belonging to ineligible relatives other than parents/stepparents who are not in the AU but reside in the home. 5. Income belonging to individuals who are excluded from the AU for up to three (3) months as outlined in policy 23.16 Marriage During Receipt of Assistance. • At the end of the three (3) month exclusion, the income would need to be considered, unless otherwise excluded. 6. Income belonging to unrelated individuals living in the same home who are not in the AU. Supporting Documents Income Excluded from Families First Determinations Families First Income Eligibility Procedures 23.16 Marriage During Receipt of Assistance Families First Budget Sheet
Subject: Families First Income Eligibility
Policy 23.05 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 4 of 5 Definitions/Acronyms Term Definition AU Assistance Unit CNS Consolidated Need Standard Consolidated Need Standard The amount of income an assistance unit would need to meet subsistence living costs, according to allowances set by the state, for items including food, clothing, fuel, lights, household operations, personal incidentals, and shelter. This amount determines the income level used to determine Families First financial eligibility. Earned Income Money derived from an individual’s work efforts, such as wages, salaries, commissions, or as profits from a self-employment enterprise Elementary School A state approved educational institution comprised of grades K through eight (8). GIS Gross Income Standard SSI Supplemental Security Income Secondary School A secondary school is defined as a state approved educational institution offering a curriculum for grades nine through twelve. Note: A full-time student in a secondary school is defined as one who is taking an adequate grade level academic load to meet the graduation requirements for the respective school system in which he is enrolled. Generally, this is defined as 25 clock hours/week or 4 Carnegie units per year; half time is defined as 12 clock hours/week or 2 Carnegie units per year. Student A minor child attending elementary/secondary school, college, university, or a course of vocational or technical training. • A student retains student status during official school vacations and breaks if requirements prior to the vacation/break were met and if the student plans to return. • A child who is receiving elementary/secondary or equivalent vocational/technical instruction from a homebound teacher meets student requirements. • Participation in apprenticeships, correspondence courses, other courses of home study, and rehab programs other than academic or institutional vocational or technical training do not qualify a child as a student. • An equivalent level of vocational or technical training means equivalent to elementary or secondary education. It is not post-secondary education such as that leading to an Associate of Arts (A.A.) degree. Full- time attendance in a trade, technical, or vocational school is considered to be 30 clock hours per week with shop practice or 25 hours a week without shop practice. A part-time student is defined as one who attends 15 clock hours per week with shop practice or 12 hours per week without shop practice. TDHS Tennessee Department of Human Services Unearned Income Any income which does not meet the definition of earned income Unmet Need The difference between the CNS and the AU’s Net Countable Income including the Families First grant amount VA Veteran’s Administration Vendor Payment Payments that are not paid directly to an AU but paid to a third party for the AU’s expenses.
Subject: Families First Income Eligibility
Policy 23.05 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 5 of 5 Supersedes Families First Income Eligibility effective 02/15/2018. Authority Tenn. Comp. R. & Regs. 1240-01-50 Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 01/10/2024 01/15/2024 Introduction, Policy, income that must be Considered, Income that is not to be Considered, and Definitions. Updated language throughout. 01/29/2018 02/15/2018 New Document Newly organized from multiple documents. Approval History Approved By Approver Title Approved Date Effective Date Clarence H. Carter Commissioner 01/10/2024 01/15/2024 Danielle Barnes Commissioner 01/29/2018 02/15/2018 Current Approver
Date of Last Review: 02/23/2024 Effective Date: 03/01/2024 Date of Next Review: 02/23/2027 RDA: SW22 Page 1 of 7 Families First Drug Testing Policy 23.06 Effective: March 1, 2024 Introduction New Families First applicants who are otherwise eligible and who will be included in the Families First grant must be screened for possible drug use or misuse. Scope The purpose of this policy is to provide the opportunity for Families First applicants to receive treatment for any identified drug misuse. Policy Drug Screening 1. New applicants applying for Families First will be screened using HS-3074 TANF/Families First Drug Screening to determine if there is reasonable cause to believe that the applicant is using or has used one (1) or more of the following controlled substances in the past three (3) months: a. marijuana, b. cocaine, c. methamphetamine, d. amphetamine, and/or e. opiates. 2. The applicant’s responses must be accepted without prejudice. 3. In two (2) parent AUs, only the applicant parent must agree to the screening. The other parent will not be subjected to the drug questionnaire and testing requirements. Failure or refusal to complete HS-3074 TANF/Families First Drug Screening will result in the denial of the Families First application.
Subject: Families First Drug Testing
Policy 23.06 Date of Last Review: 02/23/2024 Effective Date: 03/01/2024 Date of Next Review: 02/23/2027 RDA: SW22 Page 2 of 7 Drug Testing 1. If the completed HS-3074 TANF/Families First Drug Screening indicates there is reasonable cause to believe that the applicant is using one (1) or more of the listed controlled substances, the applicant must submit to a drug test. a. If the applicant is currently taking a prescription medication(s) containing any of the listed controlled substances, the applicant is still required to complete a drug test. b. The applicant must be advised that they may provide verification of the valid prescription(s) to the Medical Review Officer (MRO) in the event of a positive test result. The applicant may also advise the MRO of any over-the-counter medication they are taking. c. No drug or which an applicant has a current valid prescription will be a basis for denial of Families First benefits. 2. The Eligibility Counselor will refer the customer to a licensed drug testing agency using HS-3076 Drug Test Referral. a. The customer must complete and sign HS-2557 HIPAA Authorization for Release of Medical/Health Information to Tennessee Department of Human Services and return to TDHS. b. The customer must be provided with a chain of custody (COC) form. 3. The applicant must submit to a urine-based five (5) panel drug test at a licensed drug testing agency. The drug test consists of an initial screening to detect the presence of a controlled substance. If detected, the agency will complete a confirmation test using the same urine sample to determine the type and quantity of drug(s) present in the sample. 4. The drug testing agency will report all test results to TDHS State Office via electronic communication. • Positive test results will also be submitted to the MRO for review. The MRO will submit the final result to TDHS State Office via secure email. 5. TDHS State Office staff will notify the referring Eligibility Counselor of the drug test results. a. No additional action is needed for a negative result. b. When the test result is positive, the applicant must be referred for a substance abuse evaluation using HS-3078 Substance Abuse Evaluation & Drug Treatment Referral to determine if substance abuse treatment is needed. 6. Failure or refusal to undergo drug testing will result in the denial of the Families First application
Subject: Families First Drug Testing
Policy 23.06 Date of Last Review: 02/23/2024 Effective Date: 03/01/2024 Date of Next Review: 02/23/2027 RDA: SW22 Page 3 of 7 Substance Abuse Evaluation 1. The customer must complete a substance abuse evaluation at a facility licensed by the Tennessee Department of Mental Health and Substance Abuse Services (TDMHSAS) within ten (10) calendar days of the referral. • If the customer is unable to complete the evaluation due to scheduling, proof of a scheduled evaluation must be presented within the ten (10) calendar day period. 2. The evaluation results will be returned to TDHS using HS-3078 Substance Abuse Evaluation & Drug Treatment Referral. a. If the evaluation determines treatment is not necessary, no further action is needed. b. If the evaluation determines that treatment is needed, TDHS, in conjunction with the facility performing the substance abuse evaluation, will refer the customer to a substance abuse treatment program licensed by TDMHSAS. i. If the evaluating agency offers the treatment needed, no additional referral is needed. ii. If the evaluating agency does not offer the appropriate treatment, an additional referral must be made using HS-3078 Substance Abuse Evaluation & Drug Treatment Referral Substance Abuse Treatment 1. The customer must provide verification of placement on a waiting list or enrollment in a substance abuse treatment program licensed by TDMHSAS within ten (10) business days. • If the customer refused to enroll, participate in, and/or complete treatment, or fails to provide verification, the customer must be removed from the AU for six (6) months from the date of non-compliance. i. The dependent child(ren) will continue to be eligible for Families First. ii. A protective payee will be assigned to receive the Families First benefit on behalf of the dependent children less than sixteen (16) years of age. 2. The customer will be eligible for Families First while on a waiting list and/or for the first six (6) months of the substance abuse treatment period. The treatment period begins with the first treatment session. 3. The customer must provide documentation of ongoing participation in a substance abuse treatment program weekly. a. The treatment facility may provide this documentation on the customer’s behalf either by phone or in writing. b. If the treatment occurs at an interval other than weekly, documentation must be provided based on the customer’s treatment plan. 4. If the customer is determined not to need treatment at any time during the process, the customer has satisfied the requirements of the drug testing policy and will be eligible for Families First, if otherwise eligible.
Subject: Families First Drug Testing
Policy 23.06 Date of Last Review: 02/23/2024 Effective Date: 03/01/2024 Date of Next Review: 02/23/2027 RDA: SW22 Page 4 of 7 Actions after Participation in a Substance Abuse Treatment Program 1. The customer must submit to another five (5) panel drug test at the end of the substance abuse treatment period or at the six (6) month mark, if treatment will exceed six (6) months. 2. If the subsequent test is negative, the customer will remain eligible for Families First, if all other requirements continue to be met. 3. If the subsequent test is positive, the customer will be ineligible for six (6) months from the date of the positive test. a. The dependent child(ren) will continue to be eligible for Families First. b. A protective payee will be assigned to receive the Families First benefit on behalf of the dependent children less than sixteen (16) years of age. c. The customer must continue to comply with policy 23.13 Families First Work and/or Educational Activity. Subsequent Test after a Six (6) Month Disqualification 1. The customer must submit to another five (5) panel drug test at the end of a six (6) month disqualification period. 2. If the subsequent test is negative, the customer will be eligible for Families First, if all other requirements continue to be met. 3. If the subsequent test is positive, the customer will be ineligible for Families First one (1) year from the date of the of the positive test. Exceptions Families First Drug Testing does not apply to the following individuals: 1. Applicants seeking a diversion payment; 2. Minor parents who are dependents in an AU; 3. Minor parent caretakers who live with a parent, legal guardian, or adult caretaker; 4. Individuals excluded from the AU as outlined in policy 23.02 Families First Assistance Units. Good Cause Good cause may be evaluated for failure to complete drug testing requirements within the allotted timeframes. See Families First Good Cause for Non-Compliance for potential good cause reasons.
Subject: Families First Drug Testing
Policy 23.06 Date of Last Review: 02/23/2024 Effective Date: 03/01/2024 Date of Next Review: 02/23/2027 RDA: SW22 Page 5 of 7 Supporting Documents HS-3074 FF/TANF Drug Screening-English HS-3074 FF/TANF Drug Screening-Spanish HS-3076 Drug Testing Referral-English HS-3076sp Drug Test Referral-Spanish HS-3078 Substance Abuse Evaluation & Drug Treatment Referral-English HS-3078sp Substance Abuse Evaluation and Drug Treatment Referral-Spanish HS-2557 HIPAA Authorization for Release of Medical/Health Information to TDHS-English HS-2557sp HIPAA Authorization for Release of Medical/Health Information to TDHS-Spanish HS-2557a HIPAA Authorization for Release of Medical/Health Information to TDHS-Arabic HS-2557s HIPAA Authorization for Release of Medical/Health Information to TDHS-Somali HS-2557LP HIPAA Authorization for Release of Medical/Health Information to TDHS-Large Print HS-2938 General Authorization for Release of Information by the Tennessee Department of Human Services to a 3rd Party-English HS-2938 General Authorization for Release of Information by the Tennessee Department of Human Services to a 3rd Party-Spanish HS-2938 General Authorization for Release of Information by the Tennessee Department of Human Services to a 3rd Party-Arabic HS-2938 General Authorization for Release of Information by the Tennessee Department of Human Services to a 3rd Party-Somali Families First Good Cause for Non-Compliance SAPT Block Grant Providers and Services Signs of Abuse and/or Neglect
Subject: Families First Drug Testing
Policy 23.06 Date of Last Review: 02/23/2024 Effective Date: 03/01/2024 Date of Next Review: 02/23/2027 RDA: SW22 Page 6 of 7 Definitions/Acronyms Term Definition Applicant An individual who makes application for Families First/TANF cash assistance. Confirmation Test A second analytical procedure used to identify the presence of a specific drug in a specimen that is different in scientific principle from that of the initial test procedure. HIPAA Health Insurance Portability and Accountability Act MRO Medical Review Officer is a licensed physician who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collections procedures; who verifies positive, confirmed test results; and who has the necessary medical training to interpret and evaluate a Families First/TANF recipient’s positive test result in relation to the recipient’s medical history and current, valid prescription(s), or any other relevant biomedical information. MRO Medical Review Officer New Applicant An applicant that meets one (1) of the following criteria: • Never has received prior Families First cash assistance; • Has not received Families First cash assistance for at least one (1) month. Protective Payee The person other than the caretaker or grantee relative to whom a Families First grant is payable. A protective payee has responsibility for administering the benefits of the assistance unit grant payment for the benefit of the assistance unit. The Department should secure the name of the protective payee from the caretaker and verify ID of the named individual before assigning. Subsequent test A subsequent test refers to the additional required drug test(s) following the requirement to complete a substance abuse treatment program as prescribed after a positive result from the initial drug test administered to determine Families First eligibility at application. A subsequent test is required at the completion of a substance abuse treatment program in order to continue eligibility in the Families First grant and/or at the end of the six (6) month disqualification period for customers who: 1. refuse to enter a substance abuse program, 2. fail to begin or complete a substance abuse program, or 3. test positive following the completion of a substance abuse treatment program in order to re-join the Families First assistance unit. Substance abuse treatment program Includes residential/in-patient drug treatment, outpatient drug treatment, and self-help and support groups, such as, but not limited to, Narcotics Anonymous. TANF
Temporary Assistance for Needy Families TDHS Tennessee Department of Human Services TDMHSAS Tennessee Department of Mental Health and Substance Abuse Services Two-parent assistance unit The assistance unit either contains a common child or the stepparent is eligible for inclusion in the assistance unit because one of the following is true: • The stepparent in the home is the only relative who meets the requirements as a caretaker; or • The stepparent lives in the home and the natural/adoptive parent in the home is incapacitated.
Subject: Families First Drug Testing
Policy 23.06 Date of Last Review: 02/23/2024 Effective Date: 03/01/2024 Date of Next Review: 02/23/2027 RDA: SW22 Page 7 of 7 Supersedes 23.02 Families First Drug Testing Policy eff. Date 12/15/2016 Authority T. C. A. §§ 71-3-1201–1206; Tenn. Comp. R. & Regs. 1240-01-57 Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 02/23/2024 03/01/2024 Title, Introduction, Scope, Policy Section, Acronyms, and Authority. Renumbered policy to 23.06, Update to all sections in the policy for clarity. 12/08/2016 12/15/2016 Policy Section Removed item 8; Clarified section; Updated drug screening language to drug questionnaire and provided clarifications. 10/21/2016 10/31/2016 Policy Number Renumbered policy from 23.01 to 23.02 12/04/2015 12/15/2015 New Document New Document Approval History Approved By Approver Title Approved Date Effective Date Clarence H. Carter Commissioner 02/23/2024 03/01/2024 Tracy Bell Chief Officer of Workforce Development 12/08/2016 12/15/2016 Charles Bryson Interim Assistant Commissioner 10/21/2016 10/31/2016 Charles Bryson Interim Assistant Commissioner 12/04/2015 12/15/2015 Current Approver
Date of Last Review: 11/30/2023 Effective Date: 07/01/2023 Date of Next Review: 11/30/2027 RDA: SW22 Page 1 of 4 Families First Personal Responsibility Plans Policy 23.07 Effective: July 1, 2023 Introduction All adults and minor parents in a Families First Assistance Unit must sign a Personal Responsibility Plan. Failure to comply with the Personal Responsibility Plan requirements will result in application denial and/or case closure. Scope The purpose of this policy is to outline the Personal Responsibility Plan requirements and exceptions, and detail the customer, Eligibility Counselor, and TANF Case Manager’s responsibilities in the development of a Personal Responsibility Plan that is designed to promote the customer’s success in gaining self-sufficiency. Policy The PRP Agreements On the Personal Responsibility Plan, the customer must agree to the following: 1. Keep immunizations and health checks up to date for all AU children as outlined in Policy 23.08 Families First Immunizations and Health Checks. 2. Ensure that all school-aged children in the AU attend school, including kindergarten, as outlined in Policy 23.09 Families First School Attendance. 3. Cooperate with the IV-D Child Support Program to establish paternity, locate the absent parent, enforce collection of court-ordered child support, and/or assign collected child support to TDHS as outlined in Policy 23.10 Families First Child Support Cooperation. 4. Ensure minor parents will live in the home with parents or another authorized responsible adult as outlined in Policy 23.01 Families First Assistance Units. 5. Participate in work, work preparation, and/or educational or training activities, unless exempt, as outlined in Policy 23.24 Families First Work and/or Educational Activity. This agreement applies to eligible adults and/or minor parent caretakers in the AU.
Subject: Families First Personal Responsibility Plans
Policy 23.07 Date of Last Review: 11/30/2023 Effective Date: 07/01/2023 Date of Next Review: 11/30/2027 RDA: SW22 Page 2 of 4 6. Not falsify any work and/or educational activity documentation, such as providing a falsified employer’s statement, attendance record, etc. to validate work and/or educational activities. 7. Not knowingly access Families First cash benefits through an electronic benefit transfer (EBT) card at any restricted location as outlined in policy 23.11 Families First Electronic Benefit Transaction Location Restrictions. 8. Participate in parental involvement activities to eliminate barriers and help their child become more successful, if the need for parental involvement activities is identified as outlined in Policy 23.26 Families First Parental Involvement. Development of the PRP – Eligibility Counselor Responsibilities The Eligibility Counselor will: 1. Discuss all of the PRP agreements with the customer; 2. Establish whether the customer is willing to agree to the terms of the PRP; and 3. Obtain a signature and approval of a PRP for all Families First cases; and 4. Refer all cases with a mandatory work and/or educational activity to the TANF Case Manager. Development of the PRP – TANF Case Manager Responsibilities The TANF Case Manager will: 1. Review all aspects of the PRP with the customer; 2. Fully explain the thirty (30) hour work and/or educational activity to the customer; 3. Obtain a signature on the PRP, if a renegotiation is required; and 4. Engage the customer in work and/or educational activity. Renegotiation of the PRP Once signed, the PRP will remain active until closure of the Families First case. A renegotiation of the PRP is required only when a customer’s participation status with the work and/or educational activity changes from exempt to non-exempt or non-exempt to exempt. Penalty for Failure to Sign a PRP Failure and/or refusal of any adult or minor parent in an AU to sign a PRP will result in application denial or case closure. See Families First Personal Responsibility Plan Procedures for additional information. 1. If an adult or minor parent who is the caretaker of their own AU refuses to sign the PRP, the entire AU will be ineligible for Families First benefits. 2. If a minor parent who is a dependent child in the AU refuses to sign a PRP, the minor parent's needs will be removed from the AU. Sanctions 1. Failure to keep immunizations and health checks up to date for all AU children will result in a reduction of the cash grant as outlined in Policy 23.08 Families First Immunizations and Health Checks.
Subject: Families First Personal Responsibility Plans
Policy 23.07 Date of Last Review: 11/30/2023 Effective Date: 07/01/2023 Date of Next Review: 11/30/2027 RDA: SW22 Page 3 of 4 2. Failure to ensure that all AU children attend school, including kindergarten, will result in a reduction of the cash grant as outlined in Policy 23.09 Families First School Attendance. 3. Failure to cooperate with the IV-D Child Support Program to establish paternity, locate the absent parent, enforce collection of court-ordered child support, and/or assign collected child support to TDHS will result in application denial or case closure as outlined in Policy 23.10 Families First Child Support Cooperation. 4. Failure of a minor parent to live in the home with their parent(s) or another authorized responsible adult as outlined in Policy 23.01 Families First Assistance Units will result in application denial or case closure. 5. Failure to participate in work, work preparation, and/or educational or training activities will result in application denial or case closure as outlined in Policy 23.24 Families First Work and/or Educational Activity. 6. Falsifying work and/or educational activity documentation will result in application denial or case closure. 7. Knowingly accessing Families First cash benefits through an EBT card at any restricted location may result in claims for overpayment, removal of the caretaker from the AU, and the appointment of a protective payee as outlined in Policy 23.11 Families First Electronic Benefit Transaction Location Restrictions. 8. Failure to participate in the parental involvement activities, when required, will result in a reduction of the cash grant as outlined in Policy 23.26 Families First Parental Involvement. Sanction Impact on an AU 1. Failure to provide verification of immunizations, health checks, and/or school attendance/grades at application or renewal, will not result in application denial, except when a minor parent caretaker fails to meet the school attendance requirement. 2. If the AU is sanctioned for immunizations/health checks, school attendance, and/or parental involvement, the maximum cash reduction penalty is forty percent (40%) from the net grant. Good Cause 1. There is no good cause for failure and/or refusal to sign a PRP. 2. Potential good cause reasons for non-compliance with the PRP agreements may be found in the Families First Good Cause for Non-Compliance document. Supporting Documents Policy 23.01 Families First Assistance Units Policy 23.11 Families First Electronic Benefit Transaction Location Restrictions Policy 23.08 Families First Immunizations and Health Checks Policy 23.09 Families First School Attendance Policy 23.10 Families First Child Support Cooperation
Subject: Families First Personal Responsibility Plans
Policy 23.07 Date of Last Review: 11/30/2023 Effective Date: 07/01/2023 Date of Next Review: 11/30/2027 RDA: SW22 Page 4 of 4 Policy 23.24 Families First Work and/or Educational Activity Policy 23.26 Families First Parental Involvement Families First Good Cause for Non-Compliance Families First Personal Responsibility Plan Procedures Definitions/Acronyms Term Definition AU Assistance Unit EBT Electronic Benefit Transfer PRP Personal Responsibility Plan Personal Responsibility Plan (PRP) An agreement between the Families First customer and the TDHS in which the Families First customer agrees to take certain steps to move the AU to self-sufficiency. In return, the Department of Human Services agrees to provide temporary cash assistance and additional support services to help the customer to gain employment. TANF Temporary Assistance for Needy Families Supersedes Policy 23.07 Families First Personal Responsibility Plans eff. date 02/15/2018 Authority Tenn. Code Ann. § 71-3-104 Tenn. Comp. Rules & Regs. 1240-01-47-.16 Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 07/03/2023 07/01/2023 Scope, The PRP Agreements, Development of the PRP, Penalty for Failure to Sign a PRP, Sanctions, and Sanction Impact on an AU Updated the language to remove references to ECMS and contractors. Replaced client representative with TANF case manager, and his/her with their and other minor language updates. 02/09/2018 02/15/2018 N/A New Policy Approval History Approved By Approver Title Approved Date Effective Date Clarence H. Carter Commissioner 07/03/2023 07/01/2023 Danielle W. Barnes Commissioner 02/09/2018 02/15/2018 Current Approver
Date of Last Review: 12/03/2023 Effective Date: 12/15/2023 Date of Next Review: 12/03/2027 RDA: SW22 Page 1 of 4 Families First Child Support Cooperation Policy 23.11 Effective: December 15, 2023 Introduction Caretakers of Families First assistance units must agree to cooperate with the IV-D Child Support Program and assign all court-ordered and voluntary child support payments to the Tennessee Department of Human Services. Failure to cooperate with the IV-D Child Support Program will result in the ineligibility of the entire assistance unit. Scope The purpose of this policy is to outline the requirements to cooperate with the IV-D Child Support Program as a way to promote parental responsibility and assist the caretaker in reaching self-sufficiency. Policy Child Support Cooperation 1. The caretaker must cooperate with the IV-D Child Support Program to: a. Identify the noncustodial parent(s); b. Establish paternity, if necessary; c. Locate the noncustodial parent(s); and/or d. Pursue court-ordered support for each assistance unit (AU) child. 2. Past, present, and future child support and spousal support payments received by the AU are assigned to the IV-D Child Support Program and are collected to reimburse the Tennessee Department of Human Services (TDHS) for the Families First benefits provided to the AU. 3. The child support cooperation requirements still apply if the Families First payment is not issued because it is less than ten dollars ($10) or is reduced to zero dollars ($0) because of a recoupment.
Subject: Families First Child Support Cooperation
Policy 23.11 Date of Last Review: 12/03/2023 Effective Date: 12/15/2023 Date of Next Review: 12/03/2027 RDA: SW22 Page 2 of 4 4. If a minor parent is the caretaker of their own Families First case, any support paid by a noncustodial parent (NCP) of the minor caretaker must also be assigned to the State. • If the minor parent is not a caretaker of their own Families First case, there is no requirement for cooperation against the noncustodial parent of the minor’s child. 5. Social Security lump sum payments, based on a noncustodial parent's disability and received by a caretaker for an AU child are considered child support. These monies must be forwarded to the State Disbursement Unit (SDU) using the methods listed on the State of Tennessee Child Support Payment Information Page. Failure to do so may result in possible fraud charges for not reporting the payment and not forwarding the money as required. Exceptions 1. The following individuals are exempt from the assignment requirement for the IV-D Child Support Program: a. Caretakers who receive voluntary payments made for an unborn child. b. Caretaker Only cases in which the dependent child in the AU is not receiving Families First benefits because they receive Supplemental Security Income (SSI). 2. The following AU types are exempt from the cooperation requirement for the IV-D Child Support Program: a. Single parent adoptions; b. An AU containing only a pregnant woman; c. Caretaker Only cases in which the dependent child in the AU is not receiving Families First benefits because they receive SSI; and d. Caretakers who have been determined to have good cause for refusal to cooperate with the IV-D Child Support Program. IV-D Reports to Family Assistance 1. If the IV-D Child Support Program reports any information, including information about cooperation status, the noncustodial parent, or the AU to Family Assistance, staff must take prompt action to: a. Review the information, b. Determine its impact on the AU, and c. Implement any necessary changes to the case. 2. If the IV-D Child Support Program reports that a named noncustodial parent has been excluded by a DNA test, Family Assistance staff must contact the caretaker to inform them of the exclusion and obtain the name of the biological parent. Retention of Direct Support Payments 1. The customer must be advised that the following actions are required when direct child support is received from the noncustodial parent: a. Notify Family Assistance staff of the receipt of direct payments; and b. Forward the direct payment received to the SDU using the methods listed on the State of Tennessee Child Support Payment Information Page. 2. If Family Assistance staff learns that the AU is retaining support payments, IV-D Child Support Program must be notified.
Subject: Families First Child Support Cooperation
Policy 23.11 Date of Last Review: 12/03/2023 Effective Date: 12/15/2023 Date of Next Review: 12/03/2027 RDA: SW22 Page 3 of 4 Good Cause 1. There is no good cause reason for refusing to assign child support payments to TDHS. 2. Good cause for non-compliance with the requirement to cooperate with the IV-D Child Support Program may be granted in certain circumstances. See Families First Good Cause for Non-Compliance for good cause reasons and Families First Child Support Cooperation Procedures for additional information on determining good cause. Failure/Refusal to Cooperate with Child Support 1. When the caretaker refuses to cooperate with the IV-D Child Support Program at initial application, the application will be denied. • Prior to the denial, good cause must be discussed with the customer to determine if there is a good cause reason for refusal to cooperate. 2. When adding a child to an existing AU, cooperation is presumed to exist, and a referral will be made to the IV-D Child Support Program to determine whether or not the caretaker is in cooperation. 3. Once it has been determined that the caretaker is not in cooperation with the IV-D Child Support Program, without good cause, the Families First case must be closed. • If a minor parent who is a child in their parent’s AU refuses or fails to cooperate with child support, the AU will not be sanctioned. Cooperation must be encouraged, and the fiscal and social advantages of cooperation with the IV-D Child Support Program must be explained. Supporting Documents Families First Good Cause for Non-Compliance Families First Child Support Cooperation Procedures Tennessee Child Support Payment Information Page Definitions/Acronyms Term Definition AU Assistance Unit IV-D Child Support Program Title IV-D of the Social Security Act requires all states to have a child support program. The Child Support program is sometimes referred to as the IV-D program. If services from the local child support office are received, the child support case is an IV-D case. NCP Noncustodial Parent SDU State Disbursement Unit SSI Supplemental Security Income TDHS Tennessee Department of Human Services Supersedes Policy 23.10 Families First Child Support Cooperation, eff. date 02/15/2018.
Subject: Families First Child Support Cooperation
Policy 23.11 Date of Last Review: 12/03/2023 Effective Date: 12/15/2023 Date of Next Review: 12/03/2027 RDA: SW22 Page 4 of 4 Authority Tenn. Code Ann. § 71-3-104 Tenn. Comp. R. and Regs. 1240-01-48 Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 12/03/2023 12/03/2023 Introduction, Policy Section, Definitions and Acronyms. Minor changes to the language; renumbered policy; updated definitions and acronyms. 01/29/2018 02/15/2018 N/A New Policy Approval History Approved By Approver Title Approved Date Effective Date Clarence Carter Commissioner 12/03/2023 12/03/2023 Danielle Barnes Commissioner 01/29/2018 02/15/2018 Current Approver
Date of Last Review: 07/29/2026 Effective Date: 10/15/2023 Date of Next Review: 07/29/2029 RDA: SW22 Page 1 of 4 Families First Electronic Benefit Transfer (EBT) Location Restrictions Policy 23.12 Effective: October 15, 2023 Introduction Families First customers shall not use their Electronic Benefit Transfer card to access Families First benefits at any restricted location. Scope This policy outlines the location restrictions for using Electronic Benefit Transfer cards by Families First customers. Policy Restricted Locations Families First customers are prohibited from knowingly using public assistance benefits from an Electronic Benefit Transfer (EBT) card at the following locations: 1. Liquor stores; 2. Gambling, casino, and/or gaming establishments; 3. Adult Cabarets; or 4. Tobacco discount and/or retail stores. Location Exception Families First customers may use an Automated Teller Machine (ATM) machine located in a Tobacco Discount/Retail store. Customer Notification of the Law Families First customers will be notified in writing when a new restricted category is added to the EBT card.
Subject: Families First EBT Location Restrictions
Policy 23.12 Date of Last Review: 07/29/2026 Effective Date: 10/15/2023 Date of Next Review: 07/29/2029 RDA: SW22 Page 2 of 4 Customer Sanction Any Families First customer who participates in an EBT transaction in any restricted location shall be subject to the following penalties if found guilty of an illegal transaction in an administrative hearing: 1. For a first (1st) or second (2nd) violation(s), the Families First customer will be required to reimburse the amount of the purchase at a Point of Sale (POS) device or the amount of the cash withdrawn and used from an ATM or other online system. 2. For third (3rd) or subsequent violation(s): a. The Families First caretaker will be required to reimburse the amount of the purchase at a POS device or the amount of the cash withdrawn and used from an ATM or other online system; b. The caretaker will be permanently ineligible to use an EBT card for the purpose of accessing their Families First cash benefits; and c. A protective payee will be designated to access and manage the Families First benefits. d. A caretaker found guilty of a third (3rd) or subsequent violation will continue to be included in the assistance unit (AU), and the violation will not result in a reduction in the Families First grant. 3. Any illegal EBT transaction will be classified as an overpayment and as an illegal use violation that will result in the initiation of collection proceedings. Merchants of Restricted Locations It is illegal for any person or business entity, whether owned or leased, to knowingly accept public assistance benefits from an EBT card for the purchase of any goods or services in the following locations: 1. Liquor stores; 2. Gambling, casino, and/or gaming establishments; 3. Adult Cabarets; or 4. Tobacco discount and/or retail stores. Merchant Notification of the Law Merchants who may be impacted by changes in EBT usage restrictions will be notified in writing when a new restricted category is added to the EBT card. Merchant Penalties Merchants found in violation of knowingly accepting public assistance benefits from an EBT card in prohibited locations will be subject to the following penalties: 1. The first (1st) violation will result in a civil penalty of one thousand dollars ($1,000). 2. The second (2nd) violation within five (5) years of the first violation will result in a civil penalty of twenty-five hundred dollars ($2,500).
Subject: Families First EBT Location Restrictions
Policy 23.12 Date of Last Review: 07/29/2026 Effective Date: 10/15/2023 Date of Next Review: 07/29/2029 RDA: SW22 Page 3 of 4 3. A third (3rd) or subsequent violation within five (5) years will result in a civil penalty of five thousand dollars ($5,000). 4. The Tennessee Department of Human Services (TDHS) Office of General Counsel (OGC) may refer the person or business entity that is in violation to the district attorney, who may bring an action to suspend the business license and permits of the person or business entity for one (1) year. The TDHS Office of General Counsel may also bring a civil action to enforce any civil penalties assessed to any person or business entity in a complaint filed in the chancery court of the county where the person or business entity is located. Supporting Documents HS-2612 Personal Responsibility Plan Definitions/Acronyms Term Definition Adult Cabaret An establishment that features, as a principal use of its business, entertainers, waiters, or bartenders who perform their jobs partially clothed. This definition includes commercial establishments that feature entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainers. ATM Automated Teller Machine Casinos, gaming establishments, and/or gambling casinos These three terms are defined as establishments with the primary purpose of accommodating the wagering or gambling of money. These terms do not include either: Grocery stores that sell groceries, including staple foods, and which also offer casino, gambling, or gaming activities, or are located within the same building or complex as a casino, gambling, or gaming establishment; or Any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business. EBT Electronic Benefit Transfer Liquor stores Any retail establishments that sell exclusively or primarily intoxicating liquor. The term “liquor store” does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods “Located in” An ATM, POS device, or other online system used for the withdrawal of funds or processing of payments is “located in” a liquor store, casino, gambling casino, gambling establishment, or adult cabaret when the ATM, POS device, or other online system is located on any part of the merchant’s business property either owned or leased by the merchant. POS Point of Sales TDHS Tennessee Department of Human Services Tobacco Discount and or/Retail Store Licensed retail stores derive their largest category of sales from loose tobacco, cigars, cigarettes, pipes, and other smoking accessories, regardless of the product purchased.
Subject: Families First EBT Location Restrictions
Policy 23.12 Date of Last Review: 07/29/2026 Effective Date: 10/15/2023 Date of Next Review: 07/29/2029 RDA: SW22 Page 4 of 4 Supersedes Policy 23.11 Families First Electronic Benefit (EBT) Location Restrictions eff. date 10/31/2016. Authority 42 U.S.C § 608(a)(12) 45 C.F.R. § 264.60 Tenn. Code Ann. § 71-3-126, 7-51-1102 Tenn. Comp. R. & Regs. 1240-01-58 Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 10/09/2023 10/15/2023 Introduction, Policy Section, and Definitions. This policy was revised to clarify language throughout, move procedures to the procedure manual, and renumber the policy. 10/31/2016 10/31/2016 Policy Section Renumbered policy, clarified language 03/08/2016 07/01/2016 N/A New Policy Approval History Approved By Approver Title Approved Date Effective Date Clarence Carter Commissioner 10/09/2023 10/15/2023 Tracy Bell Chief Officer of Workplace Development 10/31/2016 10/31/2016 Tracy Bell Chief Officer of Workplace Development 03/08/2016 07/01/2016 Current Approver
Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 1 of 9 Families First Work and/or Educational Activity Policy 23.13 Effective: July 1, 2024 Introduction All adults and minor parents who are mandatory assistance unit members must participate in a work and/or educational activity, unless exempt, as part of a Personal Responsibility Plan. Scope The purpose of this policy is to outline the requirements, processes, and exceptions for the Families First work and/or educational activities that are designed to promote self-sufficiency by strengthening families through education, training, and work. Policy The Work and/or Educational Activity 1. The Families First work requirement applies to all adult mandatory AU members and minor parent caretakers, including mandatory AU members who are excluded from the AU as outlined in Policy 23.02 Assistance Units. 2. All cases with a mandatory work and/or educational activity are assigned to a TANF Case Manager who will: a. Provide a Families First program orientation; b. Develop the Individual Opportunity Plan (IOP); c. Monitor participation in the activity; and d. Provide needed support services. 3. The requirement consists of thirty (30) hours per week: a. A minimum of twenty (20) hours must be in Core Activities. b. The remaining ten (10) hours may be in Core or Non-Core Activities.
Subject: Families First Work and/or Educational Activity
Policy 23.13 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 2 of 9 c. Minor parent caretakers may meet the work requirement by either attending high school or its equivalent, or they may choose to attend thirty (30) hours of a work and/or educational activity. Core Activities Only the following core work activities will be countable Personal Responsibility Plan (PRP) activities: 1. Unsubsidized Employment 2. Subsidized Employment 3. Job Search and Job Readiness Assistance a. Limited to four (4) consecutive weeks or twelve (12) weeks total within a calendar year beginning with the date of engagement. b. Following the four (4) consecutive weeks, a one (1) week break is required prior to resuming Job Search and Job Readiness. 4. Work Experience a. Limited to six (6) months in a twelve (12) month period. b. The TANF Case Manager will monitor hours spent in the activity to ensure that the six (6) month time period is not exceeded. 5. Community Service a. Limited to three (3) months in a twelve (12) month period. b. The TANF Case Manager will monitor hours spent in the activity to ensure that the three (3) month time period is not exceeded. 6. Vocational Education a. Limited to twelve (12) months in a lifetime. b. No more than thirty percent (30%) of the Families First caseload can be enrolled in Vocational Education at a given time. c. Participation in a post-secondary degree or other vocational specific diploma/certificate program may count as a core activity, if the customer has not exhausted the Vocational Education twelve (12) month limit. This includes, but is not limited to: i. Bachelor's or other advanced degree ii. Two (2) year degree programs iii. Vocational diplomas iv. Vocational certificates
Subject: Families First Work and/or Educational Activity
Policy 23.13 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 3 of 9 Non-Core Activities Only the following Non-Core activities are countable PRP activities. They are limited to a total of ten (10) hours per week. 1. Job Skills Training Directly Related to Employment a. Job-specific or general training, including literacy or language instruction. b. Post-Secondary Education, if the individual has exhausted the Vocational Educational training limit of twelve (12) months. i. Supervised homework/study time must be verified and documented to be countable. ii. The total countable homework/study time may not exceed the hours required or advised by the educational program. 2. Adult Education a. Courses to provide knowledge and skills for a specific occupation or work setting. b. Adult basic education c. English as a second language courses d. Secondary school or GED courses for those who do not have a high school diploma or the equivalent. Residential Treatment Facilities Customers who are residents of treatment centers required to participate in the facility’s program have met their thirty (30) hour work requirement. These customers may receive support services through TDHS if needed. Renewal House Residents of Renewal House have met their thirty (30) hour work requirement. These customers may receive support services through TDHS if needed. Catholic Charities Customers who are receiving Refugee Cash Assistance (RCA) and are engaged in a work activity through Catholic Charities have met their thirty (30) hour work and/or educational activity requirement. These customers may receive r support services through TDHS if needed. Vocational Rehabilitation Participants in Vocational Rehabilitation (VR) who are deemed fully active by VR will be considered to have met their thirty (30) hour work and/or educational activity requirement. These customers may receive support services through TDHS if needed. Minor Parent Caretakers 1. Minor parent caretakers who are in high school or an equivalent program will be considered to have met their thirty (30) hour work and/or educational activity requirement. These customers will be monitored by the TANF Case Manager.
Subject: Families First Work and/or Educational Activity
Policy 23.13 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 4 of 9 2. A minor parent caretaker may continue in high school or an equivalent program until they reach twenty (20) years of age. a. At age twenty (20), they will have a thirty (30) hour work and/or educational activity requirement, whether or not they have graduated from high school or completed an equivalent program. b. If the minor parent caretaker will continue in school after age twenty (20), ten (10) hours of the thirty (30) required activity hours may still be used for education. 3. Minor parent caretakers in high school or an equivalent program may receive support services through TDHS if needed. Exemptions An adult or minor parent caretaker is exempt from the work and/or educational activity when they are: 1. A child only caretaker, 2. Sixty-five (65) years old or older, 3. Disabled, a. To be exempt based on disability, the customer must be receiving: i. RSDI/SSDI based on their disability; ii. SSI; iii. VA benefits based on their 100% disability; or iv. Black Lung benefits based on their own disability. b. Individuals who have applied for SSI or RSDI/SSDI but have not received a final determination may qualify for an exemption while awaiting that decision. i. Proof of the SSI or RSDI/SSDI application must be provided. ii. The exemption will be reviewed every sixty (60) days until a determination is made. 4. A single parent caring for an infant less than one (1) year of age, 5. A parent in a two (2) parent household who is caring for an infant less than sixteen (16) weeks of age, • Only one (1) parent in a two (2) parent household can qualify for this exemption. 6. Caring for an in-home disabled relative, or 7. A non-citizen who does not have a valid US work permit DRS Evaluation 1. The caseworker must refer the following customers, except for SSI recipients or Child Only Caretakers, to the Division of Rehabilitation Services (DRS) at intake and renewal: a. RSDI/SSDI based on their disability;
Subject: Families First Work and/or Educational Activity
Policy 23.13 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 5 of 9 b. VA benefits based on their 100% disability; c. Black Lung benefits based on their own disability. 2. DRS will determine whether the Families First customer is eligible for DRS services and whether those services would provide the customer an opportunity to voluntarily participate in the Families First work and/or educational activity. 3. Customers approved for services through DRS will be referred to the TANF Case Manager. 4. Customers who do not want to participate, attend the referral appointment, or comply with DRS will retain their exempt status and will not be subject to sanction. ADAAA Accommodation Some individuals may need Americans with Disabilities Act Amendments Act of 2008 (ADAAA) accommodations in order to participate in the Families First program and be able to fulfill their work and/or educational activity requirements. Individuals who are being assessed for an ADAAA accommodation will be exempt during the assessment period. Victims of Domestic Violence In order to accommodate victims who are actively seeking safety and/or shelter from domestic violence, several participation options are available. 1. Customers who are living in a residential shelter that provides rehabilitative services, such as therapy or other activities geared toward work, and requires sole participation in the shelter’s program have met their thirty (30) hour work and/or educational activity. These individuals may receive support services through TDHS if needed. 2. Customers who are living in a residential shelter that does not require sole participation in the shelter’s program and/or does not provide work programs will have a mandatory work and/or educational activity to participate in Families First. • Work and/or educational activity participation hours for individuals who are victims of domestic violence and are unable to meet the thirty (30) hour requirement may be modified, if necessary, to protect the safety of the individual. Modified hours for the work and/or educational activity can only be adjusted based on a recommendation from Family Focused Solutions (FFS). 3. Victims of domestic violence who are unable to participate in a Families First activity because it would pose a threat to their safety or the safety of their children will be granted a temporary waiver from the work requirement not to exceed thirty (30) calendar days due to a “short-term temporary crisis.” Volunteers 1. Exempt customers may volunteer to participate in Families First work and/or educational activities, except for child only caretakers, non-citizens who do not possess a valid work permit, and SSI recipients.
Subject: Families First Work and/or Educational Activity
Policy 23.13 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 6 of 9 2. Customers who volunteer are not required to participate and cannot be sanctioned. a. If an exempt single parent volunteers prior to the time their child reaches sixteen (16) weeks of age and decides they are unwilling or unable to continue participation, the parent may return to exempt status that can continue until the child’s first (1st) birthday. b. If an exempt single parent volunteers after their child has reached sixteen (16) weeks of age, the volunteer action becomes mandatory and, if the parent is unwilling to continue participation, they may be subject to a sanction. Sanctions 1. Customers who are non-compliant with the work and/or educational activity without good cause will be sanctioned by having the case closed. • The TANF Case Manager will determine whether an absence is excused or unexcused. See Families First Work and/or Educational Activity Procedures for additional information. Customers who have an unexcused absence from a work and/or educational activity will be considered non-compliant. 2. Excused absences will not be sanctioned. 3. Once a sanction has been imposed, the customer must serve a mandatory sanction period, reapply for Families First, and complete a ten (10) business day compliance period in order to reestablish Families First benefits. a. The first (1st) sanction results in a mandatory one (1) month sanction period. b. The second (2nd) sanction results in a mandatory three (3) month sanction period. c. The third (3rd) sanction results in a mandatory six (6) month sanction period. d. The fourth (4th) and all subsequent sanctions result in a mandatory twelve (12) month sanction period. 4. Customers who meet the following criteria may qualify for early re-entry if applying during the mandatory sanction period: a. For the first (1st), second (2nd) and third (3rd) sanctions: i. The receipt of cash assistance would prevent removal of a child from the home by the Department of Children’s Services (DCS); ii. The caretaker has become disabled; iii. The caretaker is caring for an in-home disabled relative; iv. The receipt of cash assistance would prevent the AU from becoming homeless; v. The recipient filed an Appeal; vi. The recipient won an Appeal; vii. The sanction was entered in error.
Subject: Families First Work and/or Educational Activity
Policy 23.13 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 7 of 9 viii. A two (2) week compliance period is required prior to approval unless the early-re-entry reason is one that causes the individual to be exempt from the work requirement, the sanction was entered in error, or the approval is due to an order from appeals. b. For the fourth (4th) or subsequent sanction: i. The customer: 1. Has been continuously employed for a period of three (3) consecutive months for a minimum of (30) thirty hours each week at the time of application; and 2. Is currently employed at the time of application; and 3. Is able to verify the employment; or ii. The customer filed an Appeal; iii. The customer won an Appeal; iv. The sanction was entered in error; v. The caretaker has become disabled; or vi. The caretaker has become incapacitated and/or is caring for an in-home disabled relative. vii. A two (2) week compliance period is required for the first (1st) re-entry reason above. Voluntary Quit Customers who voluntarily terminate employment without good cause will be subject to the same sanction(s) as those who are non-compliant with their engagement with the TANF Case Manager unless the customer: 1. Is an ineligible AU member; 2. Is, or has become, exempt from the work and/or educational activity; or 3. Is a minor. Good Cause Examples of acceptable good cause reasons for not participating in the work and/or educational activity can be found on Families First Good Cause for Non-Compliance. Supporting Documents Policy 23.01 Families First Application Process Policy 23.02 Assistance Units Families First Good Cause for Non-Compliance Families First Work and/or Educational Activity Procedures Rights and Responsibilities
Subject: Families First Work and/or Educational Activity
Policy 23.13 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 8 of 9 Definitions/Acronyms Term Definition ADAAA Americans with Disabilities Act Amendments Act of 2008 AU Assistance Unit DCS Tennessee Department of Children’s Services DRS Division of Rehabilitation Services, a division of DHS FFS Family Focused Solutions GED General Education Diploma IOP Individual Opportunity Plan Minor Parent Caretaker Biological parent who is under the age of eighteen (18) and is the head of his/her own AU. PRP Personal Responsibility Plan RCA Refugee Cash Assistance SSI Supplemental Security Income Subsidized Employment Employment in the public or private sector for which the employer receives a subsidy from Families First or other public funds to offset some or all of the wages and costs of employing a Families First customer. TANF Temporary Assistance for Needy Families Unsubsidized Employment Employment in the public or private sector that is not subsidized by TANF or any other public program. VA Veteran’s Administration VR Vocational Rehabilitation Work Experience Unpaid work activity that allows an opportunity to acquire the general skills, training, knowledge, and/or experience necessary to obtain employment. Supersedes Policy 23.13 Families First Work and/or Educational Activity, eff. date 03/15/2024; Policy 23.20 Families First Medical Evaluation Unit Referrals, eff. date 07/01/2023 Authority 42 U.S.C. §607; 45 CFR §261; Tenn. Code Ann. §71-3-104; Tenn. Comp. R. and Regs. 1240-1-49.
Subject: Families First Work and/or Educational Activity
Policy 23.13 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 9 of 9 Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 06/26/2024 07/01/2024 Policy Section. This policy revision removed language and references related to MEU and temporary incapacity. 03/11/2024 03/15/2024 Policy Section Clarifying language regarding exemptions when SSI or RSDI/SSDI applications are pending 07/03/2023 07/01/2023 Introduction, Policy Section, Support Documents, and Definitions/Acronyms. Updated the language to remove references to ECMS and ECMS contractors. Replaced client representative with TANF Case manager. Deleted items in sections no longer applicable or in need of a language update. Updated pronoun usage. Changed policy number. 01/11/2018 01/15/2018 N/A New Policy Approval History Approved By Approver Title Approved Date Effective Date Clarence H. Carter Commissioner 06/26/2024 07/01/2024 Clarence H. Carter Commissioner 03/11/2024 03/15/2024 Clarence H. Carter Commissioner 07/03/2023 07/01/2023 Danielle W. Barnes Commissioner 01/11/2018 01/15/2018 Current Approver
Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027
RDA: SW22 Page 1 of 5 Families First Time Limits Policy 23.14 Effective: July 1, 2024 Introduction Families First Assistance Units shall not receive more than sixty (60) total months of Families First benefits. Scope The purpose of this policy is to outline the Families First time limit requirements and exceptions. Policy Time Limits 1. Families First assistance units (AUs) have eligibility time limits. 2. All AUs are limited to sixty (60) months of Families First assistance in a lifetime. Every month in which an AU receives cash assistance counts toward this limit. 3. The Tennessee Department of Human Services (TDHS) staff will be responsible for ensuring that no AU is terminated from the Families First program prematurely due to time limits. The sixty (60) month time count must be validated prior to beginning the case closure process. Exceptions Child Only cases are exempt from the sixty (60) month time limit. Time Limits Each month a work incentive payment is received will count toward the caretaker relative’s sixty (60) month lifetime limit as outlined in policy 23.14 Families First Time Limits. Countable Months 1. The time limit begins with the first (1st) month an AU receives a cash assistance payment, even if the first (1st) month is a partial month. 2. All months in which a grant is reduced to less than ten dollars ($10) due to AU income or a Families First recoupment are considered non-countable.
Subject: Families First Time Limits
Policy 23.14 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027
RDA: SW22 Page 2 of 5 3. Months in which a grant is reduced to less than ten dollars ($10) due to bankruptcy will be considered countable. 4. Months of Temporary Assistance for Needy Families (TANF) assistance received in another state or territory are countable months. a. Months of TANF assistance received in another state or territory after July 1, 2007, count towards the Families First time limit. b. Months of TANF assistance received in another state or territory before July 1, 2007, will not count for Families First cases that are active as of July 1, 2007 (as long as the case remains open. Good Cause Time Limit Extensions 1. Up to twenty percent (20%) of the total Families First caseload may receive assistance beyond the sixty (60) month time limit. 2. Good cause must be evaluated for a time limit extension when the AU is approaching the sixty (60) month time limit. 3. Good cause may be granted for the following periods of time when the caretaker reaches the sixty (60) month limit and is exempt from the work requirements or has good cause because he/she is: a. Sixty-five (65) years old or over (indefinitely). b. Disabled (until the disability ends). c. Caring for an in-home disabled relative d. Other hardship conditions discovered by the caseworker. e. Involved in a significant life crisis (two (2) month extension). An extension based on a significant life crisis must be approved by a Families First supervisor and lasts for two (2) months beyond the sixtieth (60th) month. A significant life crisis may include, but is not limited to, the following: i. Eviction from home. ii. Domestic violence. iii. Family crises (such as an illness or death of a family member). iv. Natural disaster. v. Drug treatment. vi. Complications of pregnancy/recent birth. vii. A caretaker currently exempt from the work and/or educational activity for having a child under age one (1). 4. Good cause is deemed to exist if the AU files a timely appeal or has a pending appeal with continuation of benefits. This extension reason is only valid until the appeal is resolved.
Subject: Families First Time Limits
Policy 23.14 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027
RDA: SW22 Page 3 of 5 Two (2) Parent AUs The number of countable months for a two (2) parent AU will be the same for both adults. The number of countable months in a combined two (2) parent AU will be the higher number of months, if the combination of AUs results in one (1) AU. TDHS staff must ensure that the time count for the parent with the lower time count is adjusted correctly. When an Adult May Have More Than Sixty (60) Months of Eligibility An adult who has received sixty (60) months of assistance in one (1) AU may receive Families First again only as a Child Only caretaker. The caretaker cannot be included in the AU. When a Child May Have More Than Sixty (60) Months of Eligibility 1. A child in an AU that reached its time limits can later apply for their own AU as an adult. 2. A child living with a particular caretaker (mother, for example) who loses eligibility due to time limits may be eligible in the future if the child lives in the home of a different caretaker (grandmother, for instance) whose time limits have not expired. Re-Entry Following Closure for a Sixty (60) Month Time Limit There are no provisions for re-entry following case closure for time limits. Supporting Documents Families First Time Limits Procedures 23.11 Families First Child Support Cooperation 11.18 Transitional Child Care Time Limits Desk Guide
Subject: Families First Time Limits
Policy 23.14 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027
RDA: SW22 Page 4 of 5 Definitions/Acronyms Term Definition Adverse Action Period The ten (10) calendar day period that begins the date the closure notice is mailed. If the tenth (10th) day falls on a weekend or holiday, the adverse action period is extended to the following business day. AU Assistance Unit Child Only Cases Cases with a Supplemental Security Income (SSI) beneficiary as caretaker or a non-parental caretaker who is not included in the Assistance Unit. Countable Month Any month an Assistance Unit receives a Families First cash assistance payment. TANF Temporary Assistance for Needy Families TCC Transitional Child Care TDHS Tennessee Department of Human Services Time Limit A range of months in which an Assistance Unit will work to achieve self-sufficiency while receiving Families First cash assistance. Two-parent Households An Assistance Unit where there are two (2) eligible adults and at least one (1) common child. TANF Temporary Assistance for Needy Families TCC Transitional Child Care Supersedes Policy 23.14 Families First Time Limits effective 10/15/2023 Policy 23.20 Families First Medical Evaluation Unit Referrals effective 07/01/2023 Authority 42 U.S.C § 608(a)(7); 45 C.F.R. § 264.1 Tenn. Code Ann. § 71-3-104(d) Tenn. Comp. R. & Regs. 1240-1-51-.01 Application All TDHS Family Assistance Staff and Contractors
Subject: Families First Time Limits
Policy 23.14 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027
RDA: SW22 Page 5 of 5 Revision History Date Version Location of Change Description/Reason for Change 06/26/2024 07/01/2024 Policy section This policy revision removed references to temporary incapacity and MEU. 10/09/2023 10/15/2023 Introduction and Policy Section Updated language throughout for clarification. Removed procedure information. 11/19/2018 12/01/2018 Policy Section Policy clarification 12/22/2016 02/01/2017 N/A New Policy Approval History Approved By Approver Title Approved Date Effective Date Clarence Carter Commissioner 06/26/2024 07/01/2024 Clarence Carter Commissioner 10/09/2023 10/15/2023 Danielle Barnes Commissioner 11/19/2018 12/01/2018 Charles Bryson Interim Assistant Commissioner 12/22/2016 02/01/2017 Current Approver
Families First Marriage During the Receipt of Assistance Policy 23.16 Effective: October 15, 2023 Introduction Families First shall provide customers the opportunity to exclude their new spouse from the assistance unit for up to three (3) calendar months following the date of the marriage. Scope The purpose of this policy is to encourage marriage and promote two (2) parent families. Policy Marriage During Receipt 1. Customers, including minor parents, who marry during the receipt of assistance may choose to exclude the new spouse from the assistance unit (AU) for up to three (3) calendar months, regardless of income and/or resources. 2. The three (3) month exclusion starts on the first (1st) day of the month after the month of the marriage, regardless of when the marriage is reported. 3. Following the three (3) month exclusion, the AU must meet all Families First eligibility requirements to continue to receive assistance. 4. Should the customer choose to waive the three (3) month exclusion, the AU, including the new spouse, must meet all Families First eligibility requirements to continue to receive assistance. Caretaker Elects to Include the Spouse Add the spouse to the AU as appropriate based on the relationship to other household members. 1. Calculate the Families First budget using the countable income of all AU members, including the spouse. Date of Last Review: 08/07/2026 Effective Date: 10/15/2023 Date of Next Review: 08/07/2029 RDA: SW22 Page 1 of 3
Subject: Families First Marriage During Receipt of Assistance Policy 23.16 2. Add any of the spouse’s children who are residing with the spouse. The children must meet all eligibility requirements. 3. Use the gross income standard (GIS), the consolidated need standard (CNS), and the maximum payment standard for the new AU size, including the spouse, to determine the assistance payment. 4. The spouse, unless exempt, will be subject to a work and/or educational activity and sanction provisions. 5. Resources of the spouse will be considered available and, therefore, countable to the AU. The spouse must meet enumeration, citizenship, and all other eligibility provisions in order to be an eligible AU member. 6. If the AU no longer meets all points of eligibility, the AU must be closed. Caretaker Elects to Exclude the Spouse Do not add the spouse to the AU for the first three (3) months of the marriage. 1. Determine group eligibility as if the spouse were not in the home. This is true even if the spouse is the parent of an AU child. 2. Do not include the income and resources of the spouse in the eligibility determination for Families First. 3. Any children who moved into the home with the spouse at the time the marriage occurred must be considered for addition to the AU as outlined in policy 23.01 Families First Assistance Units. Two Families First Caretakers Marry If two (2) caretakers are currently eligible and receiving Families First separately, both the caretaker and the spouse will continue to be eligible as separate AUs when: 1. The caretaker marries an individual who is also receiving Families First cash payments and 2. There is no common child. If there is a common child, then both AUs will be combined into one AU. The designation of the caretaker is the decision of the adults in the AU. Exceptions Marriage during the receipt of assistance does not apply to the following scenarios: 1. Couples who are married at the time of application; and/or 2. Spouses who have been out of the home and returning. Note: If a legally divorced couple remarries during the receipt of assistance, the marriage during the receipt of assistance policy would apply. Date of Last Review: 08/07/2026 Effective Date: 10/15/2023 Date of Next Review: 08/07/2029 RDA: SW22 Page 2 of 3
Subject: Families First Marriage During Receipt of Assistance Policy 23.16 Supporting Documents Marriage During Receipt Procedures 23.01 Families First Assistance Units Marriage During Receipt of Assistance Desk Guide Definitions/Acronyms Term Definition AU Assistance Unit Consolidated Need Standard (CNS) The amount of income an assistance unit would need to meet subsistence living costs, according to allowances set by the state, for items including food, clothing, fuel, lights, household operations, personal incidentals, and shelter. This amount determines the income level used to determine Families First financial eligibility Gross Income Standard (GIS) The gross countable income of an assistance unit. This standard is set at 185% of the CNS. If this income exceeds this standard, the assistance unit is not eligible for Families First. Maximum Payment Standard This standard payment amount (maximum payment) represents no less than 25% of the consolidated need standard for an assistance group. Supersedes Policy 23.28 Marriage During the Receipt of Assistance eff. date 10/01/2016. Authority Tenn. Code Ann. § 71-3-104(c); Tenn. Comp. R & Regs. 1240-01-47-.23(5); 1240-01-47-.26(3)(e)(1)(i); 1240-01-50-.13(7)(b)(1) Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 10/09/2023 10/15/2023 Introduction, Scope, Policy Section, Definitions. Clarified language throughout and moved procedural information to the procedure manual. 09/23/2016 10/01/2016 N/A New Policy Approval History Approved By Approver Title Approved Date Effective Date Clarence Carter Commissioner 10/09/2023 10/15/2023 Charles Bryson Assistant Commissioner 09/23/2016 10/01/2016 Current Approver Date of Last Review: 08/07/2026 Date of Next Review: 08/07/2029 Effective Date: 10/15/2023 RDA: SW22 Page 3 of 3
Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 1 of 6 Families First Verification and Documentation Policy 23.17 Effective: July 1, 2024 Introduction Family Assistance eligibility staff must confirm all information provided to the Tennessee Department of Human Services that will have an impact on a customer’s eligibility is accurate. All information received must also be documented in the eligibility and case management system to substantiate all actions taken on an application or existing case. Scope The purpose of this policy is to outline and detail all information that must be verified, when it must be verified, and what must be documented in the case record to establish, as accurately as possible, that the assistant unit meets defined eligibility criteria and that the benefit amount is correct. Policy Verification Any decision made before the end of the standard of promptness period must be based on a clear determination of eligibility or ineligibility. 1. Obtaining and providing Verification is ultimately the responsibility of the Families First customer. 2. The caseworker should secure verifications when the information is known to the Tennessee Department of Human Services (TDHS) through automated data interfaces or when it is more reasonable for TDHS to secure the information. 3. The caseworker may render a decision of ineligibility for the assistance unit (AU) based on the customer’s unverified statement of facts. 4. To render a decision of eligibility, the caseworker must be able to make a firm determination of eligibility based on verified points of eligibility.
Subject: Families First Verification and Documentation
Policy 23.17 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 2 of 6 5. If there is any doubt of eligibility, the caseworker must resolve it using the best evidence available, including documentary evidence, collateral contacts, and home visits. 6. The customer's statement of the facts can be accepted as verification when: a. The AU has tried, without success, to obtain the needed verification; and b. The customer has requested assistance and the caseworker has exhausted all means of securing documentary evidence, without success. Note: The attempts made by both the customer and the caseworker must be documented in the eligibility and case management system. Sources of Verification 1. Documentary Evidence - Documentary evidence is written proof that is utilized to support the information provided by the AU and make a determination of eligibility. Documentary evidence is considered to be the primary source of information. 2. Collateral Contacts - In the absence of documentary evidence, a collateral statement may be accepted. A collateral contact is a verbal confirmation of the AU's circumstances by an individual outside of the home who is knowledgeable of the facts being verified by the AU. a. The caseworker may select the collateral contact or may ask the customer to provide a collateral contact. b. The caseworker is not obligated to accept the collateral contact named by the customer. c. The caseworker should interview the collateral contact thoroughly enough to ascertain the relationship and reliability of the collateral contact. This will ensure that a decision can be made through the collateral contact’s statements. d. A collateral contact should not be used to verify technical eligibility information such as relationship or citizenship. 3. Home Visits - A home visit may be scheduled to verify the AU’s circumstances when there is no documentary evidence or collateral contact available. A home visit must be scheduled in advance with the household to complete or confirm a required verification and must not put an undue burden on the customer or the caseworker. Verifications Required at Initial Application The following must be verified for all initial applications: 1. Residence; 2. Citizenship and/or Alien Status; 3. Social Security Number or application for a Social Security Number; 4. AU composition; 5. Age; 6. Relationship; 7. Living with a specified relative;
Subject: Families First Verification and Documentation
Policy 23.17 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 3 of 6 8. Marital status; 9. School attendance for children aged five (5) and older and all minor parents; 10.Immunizations and Health Checks for children; 11.Income, both earned and unearned, and from self-employment; 12.Resources; 13.How expenses are being met when expenses exceed income; 14.Dependent Care expenses; 15.Loans – confirm that any money the customer states is a loan has a repayment agreement to determine whether it would be considered countable income; 16.Striker status; 17.Disability or other exemption for the work and/or educational activity; 18.Pregnancy, conception date, and expected delivery date if no other children are in the AU; and 19.Inconsistent or questionable information provided by the applicant. Verifications Required at Renewal The following must be verified at all renewals: 1. Residence; 2. Composition of AU; 3. School attendance; 4. Immunization and Health Check-Ups; 5. Living with a specified relative; 6. Enumeration - verify the Social Security Number of any members who have previously applied for a number and have not reported the number; 7. Pregnancy, conception date, and expected delivery date for family cap decision; 8. Gross income – earned, unearned, and self-employed; 9. Deductible expenses; 10.Resources; 11.Striker status; 12.How expenses are being met when expenses exceed income; and 13.Any other information provided by the customer that differs from the information previously verified or is/has become questionable.
Subject: Families First Verification and Documentation
Policy 23.17 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 4 of 6 Verification of Reported Changes Customers are required to report ALL changes within ten (10) calendar days of the date the change becomes known to the AU. 1. Changes are subject to the same verification procedures and requirements that apply to initial applications or renewals. 2. All information that is reported to have changed must be verified. Requesting Verifications 1. Verification must be requested in writing, and the request must be documented along with the due date. 2. The AU will have ten (10) calendar days to provide verification from the date of request. 3. The request for verification must offer to assist the customer with obtaining the verification. Documentation 1. All pertinent information provided by the customer or a third (3rd) party concerning that may affect eligibility must be clearly documented in the eligibility and case management system. The documentation must include the following information: a. Who provided the information; b. What was provided; c. When the information was provided; d. How the information was verified; and e. How the caseworker verified the accuracy of the information. 2. All documentary evidence provided by the AU must be documented to include all pertinent information as it relates to the case. This should include the following information: a. What was received; b. What information was contained in the verification; c. Was any additional action to confirm the accuracy of the verification needed; and d. If the verification was not sufficient, why, and what additional information has been requested. 3. All actions taken in a case must be documented to include the following: a. The action that was taken; b. Why the action was taken; and c. The result of the action.
Subject: Families First Verification and Documentation
Policy 23.17 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 5 of 6 Supporting Documents Family Assistance Required Verifications HS-2772 Verification Checklist (English) HS-2772 Verification Checklist (Spanish) HS-2772 Verification Checklist (Arabic) HS-2772 Verification Checklist (Somali) Definitions/Acronyms Term Definition AU Assistance Unit Collateral Contact An individual living outside of the household who is in a position to know the AU’s circumstances. Documentary Evidence Written proof that is relied on as the basis, proof, or support of information provided by the AU and may be official or unofficial documents Official documents Documents that are prescribed or recognized as authorized and are most commonly provided by businesses, agencies, and organizations engaged in specific enterprises or service delivery such as social security card, utility bill, or award letter. TDHS Tennessee Department of Human Services Unofficial documents Documents that are not prescribed or recognized as authorized such as hand-written notes from employers, baby-sitters, etc. Verification The process of confirming or substantiating information provided by the customer. Supersedes Policy 23.17 Families First Verification and Documentation, eff. date 10/15/2023 Authority Tenn. Comp. R. & Regs. Ch. 1240-1-16 Application All TDHS Family Assistance Staff and Contractors
Subject: Families First Verification and Documentation
Policy 23.17 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 6 of 6 Revision History Date Version Location of Change Description/Reason for Change 06/26/2024 07/01/2024 Policy Section This policy revision replaced “incapacity” with “other”. 10/09/2023 10/152023 Introduction, Policy Section, and Definitions. Reworded some language; arranged sections for clarification; and updated hyperlinks. 02/17/2017 04/01/2017 N/A New Policy Approval History Approved By Approver Title Approved Date Effective Date Clarence Carter Commissioner 06/26/2024 07/01/2024 Clarence Carter Commissioner 10/09/2023 10/15/2023 Cherrell Campbell-Street Chief Officer of Programs & Services 02/17/2017 04/01/2017 Current Approver
Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 1 of 4 Families First Authorization and Case Management Policy 23.18 Effective: July 1, 2024 Introduction The Tennessee Department of Human Services shall authorize Families First grants to assistance units appropriate for their determined eligibility status and make changes to existing assistance units to ensure the ongoing cash grant amount is correct. Scope The purpose of this policy is to ensure that all eligible assistance units are approved for and continue to receive the correct cash grant. Policy Authorization of Grants 1. Once the assistance unit (AU) has been determined to meet all points of eligibility, the Families First grant must be authorized. 2. Once authorized, the cash grant will be made available to the AU on an Electronic Benefits Transfer (EBT) card the following day, if the AU currently has a card. For AUs that do not have a card, a card with benefits pre-loaded will be mailed to them on the day following cash grant authorization. Differential Grants 1. Certain Families First AUs, with one (1) to five (5) individuals, are eligible for larger Families First grant amounts called differential grants. 2. The following AUs are eligible to receive differential grants: a. Child only cases b. Disabled caretakers as outlined in policy 23.13 Families First Work and/or Educational Activity. c. Caretakers caring for a disabled relative living in the home.
Subject: Families First Authorization and Case Management
Policy 23.18 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 2 of 4 d. Caretakers age sixty-five (65) and older. 3. AUs are not eligible for a differential grant when the caretaker is: a. Not included in the AU because they are an ineligible non-citizen. b. A minor parent. Designation of a Protective Payee 1. A protective payee will be named for an AU in the following situations: a. The customer applying for Families First has a guardian, in which case the guardian will be named payee for the grant. b. A child who has a legal guardian is living in the home with a relative within the specified degree of relationship, in which case the guardian will be named payee for the AU. c. The caretaker is a minor age fourteen (14) or under, or is a minor deemed in need of a protective payee. d. The caretaker has failed to comply with EBT restricted locations requirements as outlined in policy 23.12 Families First EBT Location Restrictions. e. The caretaker has failed to comply with drug testing requirements as outlined in policy 23.06 Families First Drug Testing. f. There is an emergency situation that will not exceed a three (3) month period. When an emergency situation becomes known, the caseworker will: i. Determine the nature of the emergency, the whereabouts of the caretaker and the children, and the name, telephone number, and address of the person reporting the emergency. ii. Secure the name of a protective payee (from the caretaker, if possible). iii. Determine continued eligibility for the AU and make any necessary changes. iv. Review the case within three (3) calendar months to determine the AU’s circumstances and determine ongoing eligibility. 2. Tennessee Department of Human Services (TDHS) employees cannot be named as a protective payee. 3. A business cannot be named as a protective payee. Changes Between Renewals 1. Families First customers must report any change in circumstance to TDHS within ten (10) calendar days of the date the change occurs. a. The Eligibility Counselor or TANF Case Manager will request verification of all reported changes in writing. b. The request for verification will allow ten (10) calendar days from the date the request is mailed to provide verification of the change.
Subject: Families First Authorization and Case Management
Policy 23.18 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 3 of 4 2. For cases in which any individual is being added to an existing AU, the AU must submit a signed HS-0169 Application for Assistance along with the needed verification(s) for the change. 3. When an AU is moving from one (1) county of residence to another within the state of Tennessee, an application must be filed in the new county of residence within ten (10) calendar days of establishing residence. A renewal interview must be completed within thirty (30) calendar days of the case being transferred to the new county. 4. Eligibility Counselors and/or TANF Case Managers must process all changes timely. a. When verification is received, the case must be processed within ten (10) calendar days of receipt of the verification. b. When verification is not received within ten (10) days following the written request, action must be taken to close the case on the eleventh (11th) calendar day. 5. When the ongoing eligibility or ineligibility has been determined, the Eligibility Counselor must either deny or reauthorize the case, as appropriate. 6. Anytime there is a change between renewals, the circumstances surrounding the change must be reviewed for a potential overpayment or underpayment as outlined in policy 23.19 Families First Overpayments and Underpayments. Bankruptcy 1. Bankruptcy orders may impact a Families First cash grant by ordering that all or part of the grant be paid directly to the bankruptcy court for disbursement. 2. For an AU that has an existing bankruptcy order, all case changes due to changes in circumstance must be made and appropriate action must be taken to increase or decrease the cash grant or close the case. 3. The cash grant cannot be reduced due to an overpayment. All overpayments must still be processed as outlined in policy 23.19 Families First Overpayments and Underpayments. Supporting Documents 23.13 Families First Work and/or Educational Activity 23.12 Families First EBT Location Restrictions 23.06 Families First Drug Testing 23.19 Families First Overpayments and Underpayments HS-0169 Application for Assistance (English) HS-0169sp Application for Assistance (Spanish) HS-0169a Application for Assistance (Arabic) HS-0169s Application for Assistance (Somali) HS-0169sw Application for Assistance (Swahili) Families First Authorization and Case Management Procedure Manual
Subject: Families First Authorization and Case Management
Policy 23.18 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 4 of 4 Definitions/Acronyms Term Definition AU Assistance Unit EBT Electronic Benefits Transfer Child Only Case Cases in which the caretaker is a non-parental relative who is not included in the AU or the caretaker(s) is a Supplemental Security Income (SSI) beneficiary. Protective Payee An individual who has access to the AUs cash benefits and is responsible for and expected to use the cash grant for the benefit of the child(ren) and act for the caretaker in relation to the child. The protective payee may be related or unrelated and may live in the home or apart from the AU. TDHS Tennessee Department of Human Services Supersedes Policy 23.18 Families First Authorization and Case Management, eff. date 11/15/2023 Policy 23.20 Families First Medical Evaluation Unit Referrals, eff. date 07/01/2023 Authority Tenn. Comp. R. & Regs. 1240-01-18, 1240-01-19, 1240-01-50-.20(1)(d) Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 06/26/2024 07/01/2024 Policy Section This policy revision removed references to temporary incapacity and MEU. 11/08/2023 11/15/2023 Introduction, Policy Section, Supporting Documents, and Definitions. Renumbered the policy document and updated the numbers of policy documents referenced. Minor language changes for clarification Updated Supporting Documents links. 01/29/2018 02/15/2018 N/A New Document Approval History Approved By Approver Title Approved Date Effective Date Clarence Carter Commissioner 06/26/2024 07/01/2024 Clarence Carter Commissioner 11/08/2023 11/15/2023 Danielle Barnes Commissioner 01/29/2018 02/15/2018 Current Approver
Date of Last Review: 11/08/2023 Effective Date: 11/15/2023 Date of Next Review: 11/08/2026 RDA: SW22 Page 1 of 4 Families First Overpayments and Underpayments Policy 23.19 Effective: November 15, 2023 Introduction The Tennessee Department of Human Services must correctly and accurately determine eligibility for Families First assistance and provide the correct grant to each assistance unit. When an overpayment of thirty-five dollars ($35) or more is discovered, the Tennessee Department of Human Services must recover the amount overpaid promptly. When an underpayment is discovered, the Tennessee Department of Human Services must issue supplemental payments to provide the amount the assistance unit should have received. Scope The purpose of this policy is to establish the responsibilities of the Tennessee Department of Human Services when an error resulting in an assistance unit receiving the incorrect grant amount is discovered. Policy Overpayments and Underpayments When an overpayment or underpayment is suspected, the Eligibility Counselor or TANF Case Manager must review the case to: 1. Determine the eligibility period in question. 2. Request all necessary verification needed to accurately determine the assistance amount the customer would have been eligible to receive; 3. Determine the correct assistance amount the customer was eligible to receive during the time period in question; and 4. Compare the amount actually received to the eligible amount to determine if there was an overpayment or an underpayment and the amount in error.
Subject: Families First Overpayments and Underpayments
Policy 23.19 Date of Last Review: 11/08/2023 Effective Date: 11/15/2023 Date of Next Review: 11/08/2026 RDA: SW22 Page 2 of 4 Overpayment 1. A Families First overpayment occurs when an assistance unit (AU) receives more cash assistance than they were eligible to receive. 2. Corrective action must be taken promptly to establish the correct ongoing assistance amount any time an overpayment is discovered. 3. The amount of the overpayment is the difference between the grant the AU received and the amount they were eligible to receive. 4. A claim must be established when any AU receives more Families First assistance than it was eligible to receive, regardless of the reason for the overpayment. 5. Overpayments may occur as a result of: a. Administrative (agency) error (AE). b. Inadvertent client error (ICE). c. Suspected intentional program violation (SIPV). 6. If a change results in either ineligibility or a reduction in the net cash grant amount and the payment is not correctly adjusted the next calendar month, then a claim reporting the overpayment for the next calendar month, as well as any prior months affected, must be prepared when the total claim amount is thirty-five dollars ($35) or more. Underpayment 1. A Families First underpayment occurs when an AU receives less cash assistance than they were eligible to receive. 2. Corrective action must be taken promptly to restore assistance retroactively when an underpayment for any prior period is discovered. 3. The amount of the underpayment is the difference between the grant the AU received and the amount of assistance they were eligible to receive. Establishing the Period and Amount of the Overpayment and Underpayment An overpayment or underpayment must be established for any period if the circumstances and overpayment/underpayment can be determined. The policies and need/payment standards that were in effect during the affected time period must be used to establish the period and the amount of the overpayment or underpayment. 1. Calculate an offline budget to determine the amount of Families First cash the AU was eligible to receive. 2. Establish the difference between the Families First cash grant the AU received and the corrected assistance amount they were eligible to receive. The difference is the overpayment or underpayment amount.
Subject: Families First Overpayments and Underpayments
Policy 23.19 Date of Last Review: 11/08/2023 Effective Date: 11/15/2023 Date of Next Review: 11/08/2026 RDA: SW22 Page 3 of 4 Start Date of Overpayment Claim To establish the begin date of the overpayment claim: 1. Allow ten (10) calendar days to report the change from the date the change became known to the AU; 2. Allow ten (10) calendar days for the case worker to have acted on the change; 3. Allow ten (10) calendar days for the advance notice of the adverse action. 4. The begin date of the claim will be the first (1st) month after the adverse action period ends. Earned Income Penalty When calculating the amount of an overpayment due to the customer’s failure to timely report income, without good cause as outlined in Families First Good Cause for Non-Compliance, do not allow the earned income disregard or the child care deduction. Case Maintenance The Eligibility Counselor and/or TANF Case Manager will also continue to take any necessary action on a case awaiting investigation, administrative hearing, or court hearing. The Eligibility Counselor/TANF Case Manager will make changes including: 1. The addition of individuals to the AU. 2. The removal of individuals from the AU. 3. Grant changes. 4. Renewal of eligibility. 5. All other necessary case maintenance activities. Supporting Documents Families First Good Cause for Non-Compliance Families First Overpayment and Underpayment Procedures Definitions/Acronyms Term Definition AE Administrative (Agency) Error AU Assistance Unit ICE Inadvertent Client Error Overpayment A payment that is in excess of what is due. SIPV Suspected Intentional Program Violation TANF Temporary Assistance to Needy Families TDHS Tennessee Department of Human Services Underpayment A payment that is less than what is due,
Subject: Families First Overpayments and Underpayments
Policy 23.19 Date of Last Review: 11/08/2023 Effective Date: 11/15/2023 Date of Next Review: 11/08/2026 RDA: SW22 Page 4 of 4 Supersedes Policy 23.31 Families First Overpayments and Underpayments effective 02/01/2018. Authority Tenn. Comp. R. & Regs. 1240-01-52 Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 11/08/2023 11/15/2023 Introduction, Scope, Policy Section Renumbered the policy document, Made some minor language changes for clarity. 01/26/2018 02/01/2018 New Document New Document Approval History Approved By Approver Title Approved Date Effective Date Clarence Carter Commissioner 11/08/2023 11/15/2023 Danielle Barnes Commissioner 01/26/2018 02/01/2018 Current Approver
Date of Last Review: 11/30/2023 Effective Date: 07/01/2023 Date of Next Review: 11/30/2026 RDA: SW22 Page 1 of 6 Families First Family Focused Solutions Policy 23.21 Effective: July 01, 2023 Introduction Families First shall provide Family Focused Solutions as a support service that is available to customers. Scope The purpose of this policy is to outline the process for identifying customers who may benefit from Family Focused Solutions services and making referrals to Family Focused Solutions. Family Focused Solutions is designed to be a support service to aid customers in removing barriers to employment and/or education. Policy Family Focused Solutions 1. Family Focused Solutions (FFS) is available to all Families First assistance units (AU) that contain a child(ren) and/or an eligible adult who faces any barrier to work and/or education. a. This includes both customers who are required to participate in a work and/or educational activity and customers who are exempt from the work and/or educational activity. b. Children can also receive FFS simultaneously with their caretaker. 2. FFS will provide assistance to customers struggling with issues related to, but not limited to the following: a. Physical or mental health, b. Domestic violence c. Substance abuse. d. Learning disabilities or other developmental disorders, e. Management of stress
Subject: Families First Family Focused Solutions
Policy 23.21 Date of Last Review: 11/30/2023 Effective Date: 07/01/2023 Date of Next Review: 11/30/2026 RDA: SW22 Page 2 of 6 f. Teen/young adult pregnancy and parenting, g. Children's health or behavioral problems, and/or h. Legal issues. 3. FFS counselors are available to all county offices. Some counselors may cover more than one (1) county, making them available to each county on a rotating basis. 4. The Eligibility Counselor and TANF Case Manager will inform all Families First AUs of the availability and content of FFS Referrals 1. Families First customers receive referrals to FFS on the HS-2946 Family Focused Solutions Referral/Feedback form when a barrier or potential barrier to employment is identified. a. Eligibility Counselors will refer customers who are exempt from the work and/or educational activity. b. TANF Case Managers will refer customers who are mandatory participants in a work and/or educational activity and have had a barrier identified on the Americans with Disabilities Act (ADA) Screening Tool. c. A customer can request a referral to FFS at any time while receiving Families First cash assistance. The customer does not have to provide a reason for the request. 2. The customer must agree to receive the referral for FFS. a. If the customer agrees to be referred: i. The referral to FFS is completed; ii. The customer is given the option of receiving a short-term temporary crisis exemption until the assessment is complete; and iii. Participation in the work and/or educational activity will be evaluated upon receipt of the feedback from the FFS provider. b. If the customer does not agree to an FFS referral or does not complete the assessment: i. The refusal will be noted in the case file; and ii. Other possible exemptions must be explored. If no other exemptions exist, the TANF Case Manager will engage the customer in work and/or educational activities Appointments and Communication 1. Information needed to complete the Personal Responsibility Plan (PRP) and the Individual Opportunity Plan (IOP) for work and/or educational activity provisions is shared between the Eligibility Counselor, TANF Case Manager, and the FFS counselor. 2. Due to the sensitive nature of the subject matter and the confidentiality of the customer/counselor relationship, some information related to FFS will not be shared with the Eligibility Counselor and/or TANF Case Manager.
Subject: Families First Family Focused Solutions
Policy 23.21 Date of Last Review: 11/30/2023 Effective Date: 07/01/2023 Date of Next Review: 11/30/2026 RDA: SW22 Page 3 of 6 • If the customer chooses to share sensitive information with the Eligibility Counselor and/or TANF Case Manager, form HS-2983 Family Focused Solutions Consent for Release of Confidential Information must be completed. 3. When a referral is received, FFS will: a. Contact the customer and schedule an appointment upon receipt of the referral. b. Provide feedback via email of the customer’s initial appointment to the TANF Case Manager or Eligibility Counselor within fourteen (14) calendar days of the referral. This feedback will include the scheduled appointment date and whether the customer attended the appointment, if that date has occurred. c. Complete the Self-Sufficiency Assessment and Matrix with the customer and submit the results along with any recommendations to the TANF Case Manager or Eligibility Counselor within thirty (30) calendar days of the referral. i. The assessment results will include, but are not limited to, the following information: 1) identification of the customer’s barrier(s) to employment; 2) an assessment of the customer’s ability to participate in the required work and/or educational activity and the number of hours the customer is able to participate per week; 3) a determination of any accommodations that are necessary to enable the customer to successfully participate in their work and/or educational activity, if required; 4) identification of the customer’s and the family’s short-term and long-term goals; and 5) identification of additional resources and services, such as Vocational Rehabilitation or other community agencies, based on the customer’s assessment, the customer and family’s goals, and length of services. ii. If the assessment cannot be completed within the thirty (30) calendar day timeframe as a result of the customer missing appointments, this must be noted on the HS-2946 Family Focused Solutions Referral/Feedback form. d. Advise the TANF Case Manager of the number of hours the customer will be participating with FFS and if the customer’s PRP work and/or educational activity hours will require modification. e. Verify the customer’s active Families First status monthly. f. Advise the TANF Case Manager and/or Eligibility Counselor within three (3) business days of termination of FFS services. 4. The TANF Case Manager or Eligibility Counselor must notify FFS within three (3) business days of taking action to close the Families First case. Exceptions to Confidentiality 1. There are exceptions to the confidential relationship between the FFS counselor and the Families First customer:
Subject: Families First Family Focused Solutions
Policy 23.21 Date of Last Review: 11/30/2023 Effective Date: 07/01/2023 Date of Next Review: 11/30/2026 RDA: SW22 Page 4 of 6 a. Incidents or suspicion of physical and/or sexual abuse or neglect of a child must by law be reported to the appropriate authority. b. Incidents of direct threats of harm to self or others will be reported to the appropriate agency or persons. c. Information can be disclosed as a result of a court order or subpoena. d. Information can be disclosed to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation. 2. When discussing confidentiality during the initial assessment, the FFS counselor will present HS-3229 Family Focused Solutions Services Informed Consent for the customer to sign stating that he/she agrees with and understands these exceptions to the confidentiality policy. 3. FFS cannot be provided to a customer who will not sign the consent form. If the customer refuses to sign the consent form, the FFS counselor will notify the TANF Case Manager and/or Eligibility Counselor who made the initial FFS referral about this refusal. The TANF Case Manager and/or Eligibility Counselor will then remove FFS as a support service. Post-Assessment Feedback When the assessment has been completed, the FFS Counselor will provide the feedback information to the TANF Case Manager or Eligibility Counselor who will: 1. Review the feedback results. 2. Document the FFS assessment results in the case record. 3. Determine appropriate next steps as outlined in Family Focused Solutions Procedures. 4. Make the final decision on a need for an Americans with Disabilities Act (ADA) accommodation. FFS Activities and Job/Search Readiness 1. If a customer is participating in FFS activities, up to two (2) hours of FFS activities can be countable toward Job Search/Job Readiness hours as outlined in policy 23.13 Families First Work and/or Educational Activities. a. If the customer chooses to count FFS activity hours toward Job Search/Job Readiness hours and fails to participate in FFS, any non-compliance is subject to sanction. b. In order to receive support services, the customer must be engaged for at least one (1) hour of other work and/or educational activity in addition to the FFS activity. 2. If the customer is not participating in Job Search/Job Readiness or the Job Search/Job Readiness limitations have been exhausted, the FFS activity will only be treated as a support service.
Subject: Families First Family Focused Solutions
Policy 23.21 Date of Last Review: 11/30/2023 Effective Date: 07/01/2023 Date of Next Review: 11/30/2026 RDA: SW22 Page 5 of 6 Existing Treatment Programs and Domestic Violence Safety Plans If a customer indicates that they are in a treatment program or has initiated a safety plan to escape domestic violence, the TANF Case Manager or Eligibility Counselor should offer an FFS referral. 1. FFS counselors will not change a customer’s existing treatment program or safety plan. 2. FFS counselors will assess the customer’s situation to determine if other services are needed in addition to the treatment program or safety plan. 3. FFS will offer services in addition to the treatment program or safety plan without interrupting the existing plan. Transitional FFS The FFS provider may offer transitional services for up to six (6) sessions over a three (3) month period following the closure of the Families First case for any reason to support the family’s transition. Supporting Documents HS-2983 Family Focused Solutions Consent for Release of Confidential Information HS-2983sp Family Focused Solutions Consent for Release of Confidential Information (Spanish) HS-2946 Family Focused Solutions Referral/Feedback HS-3229 Family Focused Solutions Services Informed Consent HS-3229sp Family Focused Solutions Services Informed Consent (Spanish) Families First ADA Screening Tool (internal use only) Family Focused Solutions Procedures 23.13 Families First Work and/or Educational Activity Definitions/Acronyms Term Definition ADA Americans with Disabilities Act FFS Family Focused Solutions IOP Individual Opportunity Plan PRP Personal Responsibility Plan Safety Plan A personalized, practical plan that includes ways to remain safe while in a relationship, planning to leave, or after you leave. Safety planning involves how to cope with emotions, tell friends and family about the abuse, take legal action, and more. Treatment Program A mental health, drug and/or alcohol, or process addiction therapeutic regimen.
Subject: Families First Family Focused Solutions
Policy 23.21 Date of Last Review: 11/30/2023 Effective Date: 07/01/2023 Date of Next Review: 11/30/2026 RDA: SW22 Page 6 of 6 Supersedes 23.20 Family Focused Solutions, eff. date 02/15/2018. Authority Tenn. Comp. R. & Regs. 1240-01-49 Application All TDHS Family Assistance Staff and Contractors Revision History Date Version Location of Change Description/Reason for Change 06/20/2023 07/01/2023 Introduction, Scope, Family Focused Solutions, Appointment and Communications, Referrals, Exceptions to Communications, Post-Assessment Feedback, FFS Activities and Job/Search Readiness, Existing Treatment Programs and Domestic Violence Safety Plans, Documentation, and Definitions/Acronyms. Updated the language to remove references to ECMS and ECMS contractors. Replaced client representative with TANF case manager. Deleted sections or parts of sections, removed ‘his/her’ and replaced with ‘their’, and completed other language updates. 01/29/2018 02/15/2018 N/A New Policy Approval History Approved By Approver Title Approved Date Effective Date Clarence Carter Commissioner 06/20/2023 07/01/2023 Danielle Barnes Commissioner 01/29/2018 02/15/2018 Current Approver
Date of Last Review: 11/16/2023 Effective Date: 12/01/2023 Date of Next Review: 11/16/2026 RDA: SW22 Page 1 of 5 Families First Child Care Policy 23.22 Effective: December 01, 2023 Introduction The Tennessee Department of Human Services offers Child Care Payment Assistance as a support service for Families First and Diversion customers who are participating in a work and/or educational activity. Scope The success of Families First in supporting the goal of self-sufficiency for its customers is dependent on the existence of affordable, accessible, quality child care that provides for a child’s well-being and development. This is also central to a parent’s ability to participate in all work and/or educational activities within the Personal Responsibility Plan. Policy Types of Child Care Payment Assistance The following types of Child Care Payment Assistance are available to families receiving or transitioning from Families First: 1. Families First Child Care Payment Assistance pays up to the maximum established reimbursement rate for child care while the Families First caretaker participates in work, education, and training activities. This child care includes the caretaker’s travel time to and from these activities. 2. Diversion Child Care is available to Families First customers who select the Diversion path. See policy 23.23 Families First Diversion Payments. 3. Transitional Child Care (TCC) is potentially available for eighteen (18) months from the date the Families First cash assistance stops. See policy 11.18 Transitional Child Care Payment Assistance.
Subject: Families First Child Care Policy 23.22 Date of Last Review: 11/16/2023 Effective Date: 12/01/2023 Date of Next Review: 11/16/2026 RDA: SW22 Page 2 of 5 4. At-Risk Child-Only (ARCO) is for Families First child-only caretakers who meet Transitional Child Care policy guidelines. See policy 11.17 At-Risk Child Care for Child Only Parent/Guardians. Child Care Eligibility Criteria 1. Certain eligibility criteria determine which children receive child care services. See policy 11.18 Transitional Child Care Payment Assistance for certificate eligibility criteria. 2. Child care payments will not be made to the following: a. The child’s parent, step-parent, guardian, or any member of the assistance unit (AU). b. Persons or agencies found guilty of, or validated as, child abuse perpetrators. 3. The caretaker relative has certain choices regarding how child care is paid and to whom. The caretaker may choose Licensed Care or Authorized Child Care Professionals. 4. Child care may not be provided in the child’s home, unless it is also the agency/professional’s residence. An exception may be granted by the Department on a case by case basis. 5. Child care is provided in units of care based on the number of hours for which child care is needed per week, i.e., full-time, part-time, or extended time as outlined in policy 11.33 Establishing Hours of Need for Child Care. 6. A minor parent, who is an eligible child in their parent’s AU and has signed a Personal Responsibility Plan (PRP), will also receive Families First Child Care Payment Assistance if the child care is required for them to fulfill the obligations on the PRP. Child Care Disregard Families First caretakers who are employed or in a work and/or educational activity and need assistance with child care have two options: 1. Child Care Payment Assistance paid by TDHS directly to the agency/professional, or 2. A child care deduction used in the Families First budget for the cost of care. The Tennessee Department of Human Services (TDHS) eligibility counselor will explain these options to the caretaker and determine which method of meeting child care expenses is to the caretaker’s advantage. The maximum child care disregard per child can be found on the Family Assistance Standards Desk Guide. The disregard cannot be given in the same month that Child Care Payment Assistance is paid by TDHS. If the caretaker has received a disregard, Child Care Payment Assistance will begin the month following the removal of the disregard. Families First Child Care Payment Assistance 1. In order to receive Child Care Payment Assistance, child care must be necessary for the caretaker to participate in work and/or education activities. a. Child Care Payment Assistance is not provided if the caretaker can arrange for free care.
Subject: Families First Child Care Policy 23.22 Date of Last Review: 11/16/2023 Effective Date: 12/01/2023 Date of Next Review: 11/16/2026 RDA: SW22 Page 3 of 5 b. Child Care Payment Assistance will not be given to a two (2) parent family if one (1) parent is able and appropriate to provide care in the home. c. Child Care will not be provided to a minor parent who is an eligible child if the minor's parent is able to provide the care. 2. Child Care Payment Assistance is available, if needed, on the first day of participation in an activity, employment, or while the parent or caretaker attends Family Focused Solutions (FFS) assessment. 3. Child Care Payment Assistance is potentially available for all adults if they are in a work and/or education activity, and/or while a parent is in a drug/alcohol or mental health treatment program. a. If the adult is exempt from the work requirements, he/she may still be able to receive Child Care Payment Assistance if he/she volunteers for a work activity or agrees to FFS assessment. b. Child-only caretakers, ineligible non-citizens, and SSI recipients are unable to volunteer. 4. Child Care Payment Assistance cannot be provided prior to the approval for Families First. Child Care Payment Assistance will be available to the caretaker when participating in an activity during the required ten (10) day compliance period to cure a sanction. 5. Families First caretakers who are non-compliant with their work and/or educational activity will be phased out with ninety (90) days of Child Care Payment Assistance. • If the caretaker makes contact, either during the conciliation period or within ten (10) calendar days of adverse action and is determined to have had good cause for the non compliance situation, the Eligibility Counselor will reinstate the original twelve (12) month Child Care Payment Assistance certificate. 6. If a Families First case is closed for any reason other than non-compliance with the work and/or educational activity, the AU will receive the remainder of the original twelve (12) month certificate. 7. At the time of Families First approval, Child Care Payment Assistance may be provided back to the date of application for the time that the caretaker was working a minimum of thirty (30) hours and the approved provider has not already been paid for services.
Subject: Families First Child Care Policy 23.22 Date of Last Review: 11/16/2023 Effective Date: 12/01/2023 Date of Next Review: 11/16/2026 RDA: SW22 Page 4 of 5 Supporting Documents HS-2883 Parent Application to Choose Authorized Child Care Professional HS-2883sp Parent Application to Choose Authorized Child Care Professional (SPANISH) HS-3272 Parent Advance Notification Letter Child Care Certificate (generated by TCCMS) 11.18 Transitional Child Care 11.17 At-Risk Child Care for Child-Only Parent/Guardians 23.23 Families First Diversion Payments Child Care Resources for Parents The Governor’s Books from Birth Foundation enrollment Definitions/Acronyms Term Definition ARCO At-Risk Child-Only Authorized Child Care Professionals An unlicensed individual, typically a friend or relative, who meets health and safety guidelines as defined by the Child Care Development Block Grant, is at least twenty-one (21) years of age, and who provides care for no more than four (4) children unrelated to them outside the child’s home. Family Focused Solutions Family Focused Solutions (FFS) is a voluntary support service that is provided by agencies who are contracted with TDHS. The purpose of FFS is to assist and support TANF customers with education and employment opportunities. Licensed Care A Child Care Program which is subject to licensure by the Department of Human Services, or approval requirements by the Department of Education. In addition, certain Boys and Girls clubs that meet the definition of a child care agency are exempt from licensing requirements per Tenn. Code Ann. § 71-3-503 and are included in this definition. PRP Personal Responsibility Plan TCC Transitional Child Care TDHS Tennessee Department of Human Services Supersedes Policy 23.25 Families First Child Care, eff. date 10/31/2016. Authority Tenn. Comp & Regs. 1240-1-54 and 1240-01-49-.09(5) Application All TDHS Family Assistance Staff and Contractors
Subject: Families First Child Care Policy 23.22 Date of Last Review: 11/16/2023 Effective Date: 12/01/2023 Date of Next Review: 11/16/2026 RDA: SW22 Page 5 of 5 Revision History Date Version Location of Change Description/Reason for Change 11/16/2023 12/01/2023 Introduction, Scope, Policy Section, and Definitions/Acronyms Updated language for clarity, deleted no longer applicable sections, removed procedural steps, and added Definitions and Acronyms. 10/21/2016 10/31/2016 N/A New Policy Approval History Approved By Approver Title Approved Date Effective Date Clarence H. Carter Commissioner 11/16/2023 12/01/2023 Charles Bryson Assistant Commissioner 10/21/2016 10/31/2016 Current Approver
Date of Last Review: 10/18/2023 Effective Date: 11/01/2023 Date of Next Review: 10/18/2026 RDA: SW22 Page 1 of 5 Families First Work Diversion Payments Policy 23.23 Effective: November 1, 2023 Introduction The Tennessee Department of Human Services shall provide a Diversion payment option to Families First eligible assistance units who are experiencing an immediate and compelling financial need. Scope The purpose of this policy is to outline the process for allowing eligible assistance units the opportunity to request a lump sum Diversion payment in exchange for Families First benefits, thus reducing their reliance on monthly Families First payments. Policy Diversion Payment Requirements 1. Must address an immediate and compelling financial need that will help an applicant secure or maintain employment. 2. Are only available to eligible Families First assistance units (AUs). 3. Can be more than once in a lifetime. 4. Are based on the monthly Families First benefit according to AU size. 5. Will range from one (1) to twelve (12) months of temporary cash assistance depending on the determination of the AU’s immediate and compelling financial need. 6. Will count towards the AU's sixty (60) month lifetime limit as outlined in policy 23.21 Families First Time Limits. 7. Will not cover the same type of immediate need met by a previous Diversion payment, unless it is determined, beyond doubt that the applicant has a new and verified emergency. 8. During the months of assistance covered by the Diversion payment, the AU is ineligible for another Diversion payment or Families First cash benefits. There is no early re-entry after Diversion issuance.
Subject: Families First Work Diversion Payments
Policy 23.23 Date of Last Review: 10/18/2023 Effective Date: 11/01/2023 Date of Next Review: 10/18/2026 RDA: SW22 Page 2 of 5 Diversion Payment Eligibility To qualify for a Diversion payment, the AU must meet all the following criteria: 1. Be eligible for Families First; 2. Be a resident of Tennessee for no less than six (6) months; 3. Have no major barrier(s) to employment, like a drug/alcohol problem and domestic violence etc.; 4. Have a High School diploma or General Education Development (GED) certificate; 5. Have a recent work history of six (6) of the last twelve (12) months with three (3) months being consecutive; 6. Have an immediate and compelling financial need to be determined on a case-by-case basis; and 7. Sign HS-2943 Diversion Agreement. 8. A customer who has an uncured sanction for non-compliance with the work and/or educational activity as outlined in policy 23.13 Families First Work and/or Educational Activity may be eligible for a diversion payment if all other qualifying points of eligibility for diversion are met. • If the customer with an uncured sanction applies for a subsequent diversion payment, the individual will not be eligible until the mandatory sanction period has been served. 9. A two (2) parent AU may only receive one (1) Diversion payment, even if they are eligible to group into separate AUs. 10.A customer who is receiving a Families First grant in a “Child Only” case may qualify for a Diversion payment for their own children, if all other points of eligibility are met. Diversion Payment Calculation The Diversion payment will be calculated based on the aggregate amount of the monthly Families First cash assistance an AU is eligible to receive not to exceed twelve (12) months. Other Benefits to Diversion Recipient A customer receiving a Diversion payment who is employed within thirty (30) days of enrollment into the Diversion program may be eligible to receive twelve (12) months of subsidized child care payment assistance. 1. If employed at the time of authorization, the twelve (12) month count will begin with the month following the month of approval (plus the partial month if approval did not occur on first day of the month). 2. If employment begins within thirty (30) calendar days of authorization, the twelve (12) month count will begin with the month following the month employment began (plus the partial month if approval did not occur on the first day of the month). 3. Diversion child care recipients are not eligible for child care after twelve (12) months.
Subject: Families First Work Diversion Payments
Policy 23.23 Date of Last Review: 10/18/2023 Effective Date: 11/01/2023 Date of Next Review: 10/18/2026 RDA: SW22 Page 3 of 5 4. Child care for Diversion recipients will follow the same eligibility guidelines outlined in policy 11.18 Transitional Child Care (TCC). 5. An AU that requests closure of their Families First benefits to receive a Diversion payment may be eligible for eighteen (18) months of TCC. Proof of Identifiable Need for Diversion Payment 1. Applicants for Diversion must submit appropriate documentation to verify their claim of an immediate and compelling financial need. 2. The following are some examples of appropriate reasons to grant a Diversion payment to an eligible Families First AU: a. A customer is off of work without pay due to injury (verification statement from doctor and employer). b. A customer’s vehicle needs a major repair, and they have no other transportation available to go to work (Car repair estimate from workshop). c. A customer needs a certain license in order to start work (Statement from employer). d. A customer needs special shoes or uniforms to work (Statement from employer). e. A customer has been released from a half-way house or institution and has a job but needs money for a deposit and first month rent (Proof of income and rent deposit verification). f. A relative can no longer care for a customer’s child(ren), and the customer needs temporary help with child care expenses (Statement from relative). 3. The following are some examples of inappropriate or unallowable reasons for Diversion payments: a. A customer needs school clothes or supplies for their children. b. A customer has outstanding medical bills. c. A customer has property taxes due. Supporting Documents HS-2943 Diversion Agreement (English) HS-2943s Diversion Agreement (Spanish) 11.18 Transitional Child Care Payment Assistance Diversion Calculation Worksheet 23.24 Families First Work and/or Educational Activity 23.21 Families First Time Limits
Subject: Families First Work Diversion Payments
Policy 23.23 Date of Last Review: 10/18/2023 Effective Date: 11/01/2023 Date of Next Review: 10/18/2026 RDA: SW22 Page 4 of 5 Definitions/Acronyms Term Definition Child Only Cases in which the caretaker is a non-parental relative who is not included in the AU or the caretaker(s) is a Supplemental Security Income (SSI) beneficiary. Diversion Payment A lump-sum payment that is designed to address immediate and compelling financial needs of eligible Families First individuals which is expected to help the applicant secure or maintain employment. GED General Equivalency Development TDHS Tennessee Department of Human Services Two-Parent Assistance Unit An assistance unit that includes both of the technically eligible child’s parents. Supersedes Policy 23.23 Families First Diversion Payments eff. date 10/31/2016 Authority Tenn. Code Ann. § 71-3-109; Tenn. Comp. R. & Regs. 1240-01-49.09 Application All TDHS Family Assistance Staff and Contractors
Subject: Families First Work Diversion Payments
Policy 23.23 Date of Last Review: 10/18/2023 Effective Date: 11/01/2023 Date of Next Review: 10/18/2026 RDA: SW22 Page 5 of 5 Revision History Date Version Location of Change Description/Reason for Change 10/18/2023 11/01/2023 Introduction, Scope, Diversion Payment Requirements, Diversion Payment Eligibility, Diversion Payment Calculation, Other Benefits to Diversion Recipient, and Proof of Identifiable Need for Diversion Payment. Moved procedural sections to the procedure manual; minor language changes for clarification purposes; removed definitions from deleted sections. 10/21/2016 10/31/2016 Policy Number Renumbered the document 09/14/2016 09/30/2016 Throughout Clarifications 06/06/2016 07/01/2016 Throughout Clarifications and renumbering of the document 07/17/2015 07/15/2015 New Document New Document Approval History Approved By Approver Title Approved Date Effective Date Clarence H. Carter Commissioner 10/18/2023 11/01/2023 Charles Bryson Interim Assistant Commissioner 10/21/2016 10/31/2016 Charles Bryson Interim Assistant Commissioner 09/14/2016 09/30/2016 Charles Bryson Interim Assistant Commissioner 06/06/2016 07/01/2016 Patricia Stubblefield Assistant Commissioner 07/17/2015 07/15/2015 Current Approver
Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 1 of 4 Families First Work Incentive Payments Policy 23.24 Effective: July 1, 2024 Introduction A Families First assistance unit that becomes ineligible for Families First due to an increase in earned income but continues to meet all other eligibility criteria shall qualify for work incentive payments for up to six (6) calendar months from the date of ineligibility. Scope The purpose of this policy is to outline the guidelines by which Families First customers may receive additional cash benefits following ineligibility due to employment income. The goal of work incentive payments is to promote self-sufficiency by strengthening financial security and reducing the effects of the fiscal cliff. Policy Eligibility An assistance unit (AU) may be eligible to receive up to six (6) months of work incentive payments if: 1. The AU becomes financially ineligible for Families First due to an increase in the AU’s earned income and is working at least thirty (30) hours per week (thirty-five (35) hours for two-parent AUs not receiving federally funded child care; fifty-five (55) hours for two-parent AUs receiving federally funded child care); 2. The change in earned income is reported timely within ten (10) calendar days; and 3. The AU meets all other Families First eligibility criteria at the time of financial ineligibility, including compliance with the work and/or educational activity requirements. The AU must continue to meet all other Families First eligibility criteria during the six (6) month work incentive payments period. 4. The AU cannot receive work incentive payments and Transitional Supplemental Nutrition Assistance Program (T-SNAP) simultaneously.
Subject: Families First Work Incentive Payments
Policy 23.24 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 2 of 4 • If the AU cannot be reached to make a decision as to which benefit would be more advantageous to their circumstances, T-SNAP will be approved. The AU will no longer be eligible for work incentive payments once T-SNAP is approved. Payment Determination 1. The work incentive payment amount will be determined by issuing the maximum grant allotment for all eligible AU members at the time the AU becomes ineligible due to earned income with the following exceptions: a. AU members not included in the Families First grant at the time the AU is determined ineligible due to earned income will not be included in the work incentive payment calculation. Refer to policy 23.02 Families First Assistance Units for more information on ineligible AU members. b. Penalties for non-compliance with immunizations and health checks, school attendance, and/or parental involvement in place at the time the AU is determined ineligible due to earned income will continue to be applied to the work incentive payment amount until the verification of compliance has been provided. c. Existing recoupments at the time the AU is determined ineligible due to earned income will continue to be applied to the work incentive payment amount. 2. Eligibility for work incentive payments begins with the first (1st) day of the month following Families First ineligibility. 3. The ongoing benefit amount will be made available on the first (1st) day of each month of eligibility. Time Limits Each month a work incentive payment is received will count toward the caretaker relative’s sixty (60) month lifetime limit as outlined in policy 23.14 Families First Time Limits. Support Services 1. During the work incentive payments period, the AU will be eligible to receive: a. Families First child care as outlined in policy 23.22 Families First Child Care, and b. Support services including transportation. 2. When the work incentive payments end, the AU may be eligible for eighteen (18) months of Transitional Child Care (TCC) as outlined in policy 11.18 Transitional Childcare Payment Assistance. Changes During Work Incentive Payments During the six (6) month work incentive payments period, all changes in AU circumstances must be reported within ten (10) calendar days. See Work Incentive Payments Procedures for additional information. Re-Entry During Work Incentive Payments If the AU becomes financially eligible for Families First cash benefits during the work incentive payments period, the payments will end, and the Families First case will be reapproved. Families First eligibility will begin on the first (1st) day of the month following the determination of eligibility for Families First.
Subject: Families First Work Incentive Payments
Policy 23.24 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 3 of 4 Closure of Work Incentive Payments 1. Work incentive payments will end after the sixth (6th) monthly payment is issued; or 2. Work incentive payments may end prior to the sixth (6th) month, if: a. the AU is reapproved for Families First; b. the customer requests closure; or c. the AU fails to continue to meet all other Families First eligibility requirements, including non-cooperation with child support and non-compliance with the thirty (30) hour work and/or educational activity requirement. Note: Closure for non-compliance will not result in a work requirement sanction for the AU. Supporting Documents 23.02 Families First Assistance Units 23.14 Time Limits 23.22 Families First Child Care 24.19 Transitional SNAP 11.18 Transitional Childcare Payment Assistance Work Incentive Payment Procedures Definitions/Acronyms Term Definition AU Assistance Unit TCC Transitional Child Care T-SNAP Transitional Supplemental Nutrition Assistance Program Supersedes Policy 23.24 Families First Work Incentive Payments, eff. date 07/01/2023; Policy 23.15 Families First Family Cap, eff. date 10/15/2023 Authority Tenn. Code Ann. §71-3-104(b)(3) and Tenn. Comp. R. & Regs. 1240-01-50-.20(1)(g)(4) Application All TDHS Family Assistance Staff and Contractors
Subject: Families First Work Incentive Payments
Policy 23.24 Date of Last Review: 06/26/2024 Effective Date: 07/01/2024 Date of Next Review: 06/26/2027 RDA: SW22 Page 4 of 4 Revision History Date Version Location of Change Description/Reason for Change 06/26/2024 07/01/2024 Policy Section This policy revision removed reference to Family Cap. 7/3/2023 7/1/2023 Scope, Policy Section Supporting Documents, and Definitions/Acronyms. Removed references to ECMS, updated the language and abbreviations, and changed the policy number. 10/24/2018 12/01/2018 New Policy New Policy Approval History Approved By Approver Title Approved Date Effective Date Clarence H. Carter Commissioner 06/26/2024 07/01/2024 Clarence H. Carter Commissioner 07/03/2023 07/01/2023 Danielle Barnes Commissioner 10/24/2018 12/01/2018 Current Approver