701-4 EXTENSION CRITERIA
A family that includes an adult who has received 60 months of assistance from the ATAP or another state, county, tribal organization or Native TANF program may receive an extension to the time limit if they are unable to become self-supporting because of one of the following exemption reasons:
Domestic violence;
Incapacity;
Caring for a child or relative who is part of the mandatory filing unit and experiencing a disability; or
Hardship.
If a family appears to qualify under a specific extension reason but additional information or assessment is needed, an extension will be allowed for the period of time necessary to obtain the information or to perform the assessment. The extension is then reviewed and a determination is made based on the information or assessment results.
Two-parent families
Two-parent families reach the time limit if just one of the parents has received 60 months of assistance. This situation occurs when the parents are on assistance for different lengths of time. In order for two-parent families to receive an extension, each parent must meet one of the extension criteria below. If a family with two parents includes a parent who does not meet any of the extension reasons, the family is not eligible for an extension.
Extensions are granted when there is reason to believe a parent or caretaker is, or recently has been, the victim of domestic violence and the physical, mental, or emotional well being of the victim would be endangered by a strict application of the 60-month time limit.
A victim of domestic violence receives an extension to the 60-month time limit if it is determined that, as a result of domestic violence, the individual is unable to participate in work activities or to accept or retain employment at a level that allows the family to be self-sufficient.
The written or oral statement of the parent or caretaker is sufficient to establish that the individual is a victim of domestic violence. If appropriate, the determination to allow an extension is made in consultation with a domestic violence program.
FSSPs for these extensions incorporate the recommendations of the staffing team, emphasize employment, and, to the extent possible, alleviate the conditions that endanger the victim’s well-being.
When domestic violence is considered as an extension reason, it is important to assess the family’s total situation. The effects of domestic violence may make it difficult for a family to maintain employment or move toward self-sufficiency even after the immediate danger has passed. Parents or caretakers who have a history of domestic violence but do not qualify under this extension reason may qualify under a different extension reason.
Extensions are granted when a parent or caretaker is found to be incapacitated (physically or mentally unable to perform gainful activity). This means they have a physical or mental condition that will last at least 30 days and the condition is severe enough to prevent the individual from working full-time. Incapacity may also exist if the condition discourages employers from hiring the individual or providing reasonable accommodations.
An individual is determined to be incapacitated when the individual is eligible for Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or Adult Public Assistance (APA) because of blindness or disability or when competent medical testimony is provided that supports the claim. The medical testimony must be provided on the Health Status Report Form (TA 10), by a licensed medical or other health care practitioner, and must describe the nature, extent, and expected duration of the condition.
When developing a FSSP for the extension period, the case manager should consider the individual’s limitations, as documented on the TA 10, and the recommendations of the staffing team.
701-4 C. CARING FOR A CHILD WHO IS EXPERIENCING A DISABILITY
Extensions are granted when a parent or caretaker is providing care for a dependent child living in the home who is experiencing a disability. For a family to qualify for an extension under this criteria:
The child must have a disability, either physical or mental, that is verified by a written statement from a physician or psychiatrist, or by other relevant documentation such as receipt of SSDI benefits, SSI, or a Home and Community Based Care Waiver.
The disability must, in the written opinion of a physician or other licensed health care professional, require a level of care that interferes with the parent’s or caretaker’s ability to participate in work activities or to accept or retain employment at a level that allows the family to be self-sufficient.
FSSPs for these extensions incorporate the recommendations of the staffing team and activities that are directed toward helping the family develop the resources and skills that will allow them to become more independent of the ATAP program.
Extensions are granted for hardship when a family experiences circumstances outside of their control that prevent the caretaker relative from participating in work activities or becoming self-sufficient AND the loss of ATAP would result in conditions that threaten the health or safety of the family.
Hardship does not include:
Lack of employment because of a poor labor market;
Inability to perform a particular job or work activity; or
A general lack of employment in the community where the family lives.
1. Circumstances Outside of the Family’s Control
Circumstances outside of a family’s control include but are not limited to:
A specific catastrophic event that meets the criteria for a formal disaster declaration under state or federal law affects the family in a way that reasonably prevents self-sufficiency; or
An adult in the family has a documented functional impairment that interferes with their ability to earn a wage sufficient to support the family; or
The caretaker relative is caring for an adult living in the home who has a disability and requires a level of care that interferes with the caretaker's ability to participate in work activities or to accept or retain employment at a level that allows the family to be self-sufficient. The adult must be related to the caretaker within the fifth degree (see ATAP MS 712-1) and the disability and need for care must be verified.
Verification of a disability may include a statement by a physician or psychiatrist, receipt of Social Security disability benefits or Supplemental Security Income, or eligibility for Home and Community Based Care Waiver services. The level of care required may be verified by a statement from a physician or other licensed health care professional, or a Home and Community Based Waiver plan of care.
A family experiencing circumstances outside of their control that prevent them from reaching self-sufficiency must be taking appropriate action to work towards self-sufficiency. If a family is taking appropriate action and is still unable to become self-sufficient, they are considered to be experiencing circumstances outside their control. A family demonstrates that they are taking appropriate action by developing and following plans to become self-supporting, participating in activities towards that goal, and working to resolve problems that interfere with their plans and activities.
A functional impairment is a condition in which the individual has limited capability for attaining employment at a level that allows the family to be self-sufficient. A functional impairment may be documented by work history that shows limited earning potential, history of the types of work activities participated in and attempted, information from screenings and formal assessments, or documentation of a medical or mental health condition provided by a licensed health care professional.
Indicators of functional impairment include:
The individual’s work history or participation in work activities demonstrates an inability to obtain, retain or advance in employment at a level that allows the family to achieve self-sufficiency.
The individual has a history of regular full-time employment, but is unable to advance in employment enough to enable the family to achieve self-sufficiency.
Screenings and assessments or other evidence that provides information about the nature and severity of problems and conditions that limit the family’s ability to be self-sufficient.
Some types of functional impairment are:
Difficulty performing specific tasks or in learning skills that are required in a broad range of jobs.
Inability to be employed or to pursue additional or higher level employment due to entering rehabilitation or a treatment program for mental or physical health or substance abuse.
Learning disability which affects the potential for employment and which the individual is working to accommodate.
Limited English proficiency which affects the potential for employment and which the individual is working to overcome.
Limited capacity for earnings as shown by the capability for employment only through a supported work environment.
3. Conditions that Threaten the Health or Safety of the Family
The loss of Temporary Assistance benefits would result in conditions that threaten the health or safety of the family when the family:
Does not have sufficient income or resources to provide for housing, food, transportation, or other essential needs;
Does not have access to support from any other source to meet those essential needs;
Does not have access to appropriate child care or other employment supports needed to maintain employment;
Will be unable to stay together if benefits are ended; or
Is working with an agency within the Department of Health for the safe return of a child temporarily removed from the home, or to prevent removal of a child from the home, and that effort would be disrupted if benefits ended, resulting in the child being at risk of placement into emergency shelter or foster care.
Consider all resources and income when reviewing the family’s situation to determine if the end of benefits would result in conditions that threaten the family’s health or safety. This include resources and income, such as PFDs or Native Corporation dividends, that may be exempt when determining program eligibility.
Example:
Client Jane Smith is a drug felon who was released from prison 10 months ago. Jane is currently on probation, her children are in OCS custody and have been gradually transitioned back to her physical custody over the last 4 months. Jane is required by both her probation officer and OCS to participate in outpatient substance abuse treatment, mental health counseling and parenting classes. It is expected that Jane will be attending these classes for a minimum of six more months. Jane earned her GED while in prison, but has almost no work history. Jane’s mother has been the caretaker of her children and has been helping Jane throughout the transition of the children back into Jane’s care. Jane’s mother is in the late stages of breast cancer and is quickly becoming too ill to care for the children. Jane is at 57 months of ATAP, she has three children, age 9,6, and 4. Jane is currently without adequate housing, she is living with her mother part – time and is having a great deal of difficulty finding housing or work due to her history of a drug felony.
Jane has identified a goal of completing a 10 month course in auto mechanics which she is scheduled to start next month. Jane is in full compliance with all of her FSSP steps, the expectations of OCS and her conditions of probation.
Jane was allowed an extension of her case for a 12 month period. At the extension staffing the team’s recommendations were:
1. Complete all requirements of OCS case plan.
2. Remain in compliance with all DOC requirements, participate in Prisoner Re-entry program, including assistance with acquiring subsidized housing, as well as all recommendations of outpatient substance abuse treatment provider including attendance at AA meetings.
3. Register, participate and complete auto mechanics training, ATAP supportive Services will be used to pay tuition.
4. Continue to do work search in area of interest, contact auto repair shops – look at apprenticeships, BWE opportunities etc. Case manager is to assist with this.
4. Making the Hardship Determination
The extension review staffing team uses prudent judgment and the best information available to determine if a family suffers from hardship. Determinations are based on the individual family’s situation. The team reviews how the specific family is impacted by circumstances outside of their control and whether conditions exist that will threaten this family’s health or safety if benefits are discontinued.
Families may meet the hardship criteria even if they have incurred a penalty for non-compliance with their FSSP or non-participation in work activities, as long as they are complying at the time they are considered for an extension.
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