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Vermont Department for Children and Families Economic Services Division Reach Up Services Rules 2300 28

the conciliation resolution plan.

2327.4 Unsuccessful Conciliation Resolution (08/01/2024, 23-30)

a. The conciliation process shall be determined unsuccessful when the participant: 1. Without good cause, does not respond to a scheduled conciliation meeting; 2. Exhibits a pattern of behavior where refusal to participate can be reasonably inferred; 3. Without good cause, does not participate in activities outlined in the conciliation resolution plan and the revised FDP for the required time period; or 4. Voluntarily terminates the conciliation process before a successful resolution has been reached.

b. When the Department determines that the conciliation resolution has been unsuccessful, they shall review the conciliation process and the basis for the determination, prior to initiation of the sanctions process or terminating benefits.

c. The participant may request a fair hearing during the conciliation process.

2328 Sanctions for Non‐Engagement (08/01/2024, 23-30)

a. If a participant, including a minor parent, does not engage with Reach Up services requirements, the Department shall impose a fiscal sanction by reducing the benefits of the sanctioned household (rule 2327.3).

1. The sanction process is not available to a household that received 60 or more countable, cumulative months of benefits (Reach Up Eligibility rule 2228.1).

b. A sanction is only imposed if conciliation (rule 2326) is unsuccessful or not available.

c. Once a fiscal sanction has been imposed, the sanctioned participant demonstrating engagement with services requirements may cure the sanction and have the full benefit amount restored (rule 2324).

d. The participant, who engages with Reach Up services requirements for 12 consecutive months following fiscal sanctions will have the past sanctions forgiven (rule 2325).

e. When the Department determines, at any time during the sanctions process, that the sanctioned participant had good cause for the non‐engagement, the sanctions shall end and any associated months shall not be counted as a month of sanction.

2328.1 Independent Review and Notice (08/01/2024, 23-30)

a. Before a fiscal sanction is imposed, the department shall review the basis for the sanction, which shall include:

1. Consideration of the sanctioned participant's circumstances;

2. Possible good cause reasons for the non‐engagement;

3. The basis for the initial determination of non‐engagement; and