Page 27

Vermont Department for Children and Families Reach Up Eligibility Rules Economic Services Division 2200 27

i. The parent’s or caretaker’s management capacity can be presumed unless there is evidence to the contrary. ii. The benefit is paid to a protective payee who is interested in, or concerned with, the welfare of the Reach Up household. A. If an acceptable protective payee cannot be found, a substitute form of protective payment known as controlled vendor payments (CVP) is used (rule 2220.6). iii. Households with difficulty in money management, as determined by the Department, should be referred to money management counseling, if available in the community. iv. When cognitive, mental health, or physical limitations preclude capacity to improve management of funds, legal alternatives shall be pursued. A. There must be documentation of inadequate physical capability or of mental incapacity that precludes self-care and raises concern for the Reach Up household’s well-being. B. Petition for appointment of a legal guardian or legal representative for a parent or caretaker living with the child may be initiated by the Department.

2. Protective payments for housing are made in cases where a parent or caretaker living with the child does not engage in Reach Up participant requirements, according to criteria in Reach Up Services rules 2328.4 and 2328.5.

3. Protective payments for housing are made in cases where a parent or caretaker is temporarily absent from the home according to the criteria in rule 2228.1.

4. Management of benefits through controlled vendor payments is optional when the household requests direct payment for housing, utilities, or other basic needs, and meets the requirements of rule 2220.6.

c. If a protective payment system is used, the participant may appeal to the Human Services Board for a fair hearing (rule 2262.4).

2220.1 Budget Assistance Determination (08/01/2024, 23-28)

a. The Department will evaluate evidence of difficulty in money management, determine whether the parent or caretaker demonstrates the capacity to overcome these obstacles, and decide whether, based on these factors, budget assistance through a protective payment plan is warranted.

b. Difficulty in money management shall result in budget assistance through a protective payment plan if either of the following criteria are met:

1. The health or safety of the child is at risk because, in the previous 12 months, a Reach Up household is two or more months behind on their incurred rent payment. i. Rent will be considered overdue to the current landlord for any month when it remains unpaid ten days past the due date. ii. The Reach Up household’s current landlord is the property owner or manager of the dwelling