Section 144-607-2 - AUTHORIZATION, PHILOSOPHY, GOALS AND OBJECTIVES, ADMINISTRATIONSummary: This Section cites authorizing statutes; presents the philosophy, goals and objectives; and describes the roles and responsibilities of administrative units of the ASPIRE-TANF Program.
I.AUTHORIZATION The Department is authorized to operate the ASPIRE-TANF Program by the Federal Social Security Act, Titles IV-A and IV-F, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and the Deficit Reduction Act of 2005 (DRA); and by Maine Law ( 22 M.R.S. §3782-Aet seq.).
II.PHILOSOPHYA. Employment to reduce welfare dependency is the central theme around which the Program operates, according to the Social Security Act as amended by the Personal Responsibility and Work Opportunity Reconciliation Act and the Deficit Reduction Act. ASPIRE-TANF coordinates a delivery structure which maximizes resources of the Department of Health and Human Services and other community resources. Consistent with the concept of reducing welfare dependency, the ASPIRE-TANF program recognizes the following principles as its operating philosophy: 1. TANF is a temporary income program to provide support while the individual moves towards employment.2. ASPIRE-TANF is an employment and training program, the services of which are intended to help participants reduce or avoid welfare dependency.3. ASPIRE-TANF assumes that all participants seek economic self-support; accordingly, the program will provide employment and training and related services to help participants move toward this goal.4. Expenditures made on behalf of participants represent society's investment in their human potential and accordingly, ASPIRE-TANF seeks to reduce welfare dependency, as a benefit to both participants and society.5. As a program concerned with the development of individual participants, ASPIRE-TANF recognizes the differing vocational needs, interests, and abilities of its participants. ASPIRE-TANF will plan with each participant to best meet those needs and to overcome barriers to employment. 6. ASPIRE-TANF will provide training, education and support services to its participants with the expectation that those participants will be placed in employment which will not result in a net loss of cash income, and with the greater expectation that most participants will obtain employment which will lead to benefits, wages and career ladders that will enable them to support their families.III.GOALS AND OBJECTIVESA. The goals of the ASPIRE-TANF Program are set forth in Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and the Deficit Reduction Act of 2005 (DRA) and Maine law ( 22 M.R.S. §3782-Aet seq.) as follows: 1. Among the goals of the PRWORA is to, "provide assistance to needy families so that children may be cared for in their own homes or in homes of relatives; [and] end the dependence of needy parents on government benefits by promoting job preparation, work and marriage."2. The goal of ASPIRE-TANF as stated in Maine law is " . . . to provide services and support to recipients of Temporary Assistance to Needy Families and to reduce dependence on public assistance to the extent that adequate funding is available for that purpose." The principal goal is to focus on helping people obtain and retain employment that sustains their family.B. The objectives of ASPIRE-TANF are: 1. To assure that TANF families obtain the services that will help them reduce or avoid welfare dependence and increase their quality of life;2. To encourage, assist, and require recipients of TANF to fulfill their responsibilities to support their children;3. To provide TANF recipients with the opportunity to acquire the education and skills necessary to qualify for employment;4. To provide necessary support services so that TANF recipients can participate in ASPIRE-TANF and become employed;5. To promote coordination of services at all levels of government, to increase accessibility to those services for participants, and maximize the use of existing resources;6. To emphasize accountability of both participants and services providers; and 7. To meet performance standards as established by federal and state ASPIRE-TANF legislation.IV.ADMINISTRATIONA. The ASPIRE-TANF Program is administered by the Department of Health and Human Services which has responsibility for program direction and oversight. OFI, through its regional offices and through contracts and agreements with community agencies, provides services to TANF recipients to help them obtain employment leading to a reduction in welfare dependency.B. In accordance with Federal and State authorizing legislation, OFI, as administrator of ASPIRE-TANF, makes the following assurances. OFI will: 1. Have in operation both a work program and a support services program which have been approved by the Secretary of the Department of Health and Human Services (HHS) and that meet all the requirements of the Social Security Act, PRWORA, DRA and Maine law.2. Ensure that the ASPIRE-TANF Program will meet all statutory and regulatory requirements.3. To the extent that resources permit, require non-exempt TANF recipients and allow volunteers to participate. The Department shall provide child care in accordance with federal and state law when the child care is necessary to permit a TANF-eligible family member to participate in the ASPIRE-TANF program.4. Ensure that participants are not discriminated against on the basis of race, sex, national origin, religion, age, or disabling condition under the ASPIRE-TANF Program.5. Ensure that participants will be assigned to ASPIRE-TANF Program activities in accordance with the provisions of the Social Security Act as amended by the PRWORA of 1996, the DRA of 2005 and Maine law ( 22 M.R.S. §3782-Aet seq.)6. Ensure that benefits and services provided under the Social Security Act as amended by the PRWORA of 1996, DRA of 2005 will be delivered in an integrated fashion.7. Ensure that services funded or provided under ASPIRE-TANF are not otherwise available, of equal quality, on a non-reimbursable basis.8. Ensure that all recipients of TANF are encouraged, assisted and required to fulfill their responsibilities to support their children by preparing for, accepting, and retaining employment. 9. Ensure that State and local funds expended for ASPIRE-TANF services shall be maintained at the level required by maintenance of effort provisions of the Social Security Act as amended by the PRWORA of 1996, and the DRA of 2005.10. Ensure that Federal and State funds made available to OFI for the ASPIRE-TANF Program shall not be used to supplant non-Federal funds or any other funds which would otherwise be available for existing services and activities.11. Ensure that all participants with disabilities have the right to request and receive, subject to adequate Federal and State funding, a reasonable accommodation in order to receive substantially the same program benefits as persons without disabilities. In accordance with the Americans with Disabilities Act (ADA), no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of the Maine Department of Health and Human Services (DHHS), or be subjected to discrimination by DHHS.
C. The responsibilities delegated to the Office for Family Independence are: 1. Overall program administration including: establishing optional provisions and components of the program; program planning and design; determination of who should participate; establishment of participation requirements; development of definitions of Good Cause for failing to participate; and the issuance of policies, rules and regulations governing the program.2. Taking certain actions regarding individuals including: determination of exemption status; providing case management services; monitoring for compliance of work participation requirements; determination of Good Cause for failure to participate; determination and application of sanctions; determination of extensions or exemptions from the 60-month time limit; providing notice of case actions, and fair hearings. (The conducting of fair hearings is delegated to the Department of Health and Human Services, Administrative Hearings Unit.)3. Determining eligibility for TANF or PaS and issuance of monthly cash assistance benefits.4. Having all TANF applicants sign a Family Contract, countersigned by OFI staff.5. Determining whether TANF recipients are exempt from participation in ASPIRE-TANF.6. Determining Good Cause related to eligibility issues, applying sanctions and sending notice of sanction actions.7. Administering transitional child care, transitional transportation, MaineCare, Transitional Food Assistance, and TANF Working Families Supplement.8. Representing OFI at Administrative Hearings related to eligibility and ASPIRE issues.9. Determining the months that will count toward the 60-month time limit on benefits. Notifying individuals of their month count annually and providing notice to recipients 120 days prior to the end of their 60th month of TANF receipt that their time limit is imminent. This notice will include an explanation of time limit exemptions and extensions.10. Providing comprehensive orientation to ASPIRE-TANF participants, either individually or in groups, regarding ASPIRE-TANF, participant rights and responsibilities and other pertinent information.11. Conducting a work evaluation with each participant. This work evaluation consists of all activities related to Assessment and completion of amendments to the Family Contract Amendment.12. Acting as case managers throughout the ASPIRE-TANF participant's period of enrollment. Case management includes counseling the participant regarding life-coping skills, brokering of support services, advocating for the participant and monitoring, evaluating and documenting the participant's progress in order to assist the participant to obtain the skills and support needed to become employed.13. Providing on-going Assessment, and determining whether educational achievement, aptitude, skill or other testing is needed.14. Providing direct services, such as pre-training activities (group exercises to enhance self-esteem, self-awareness and develop goals), support services (child care, transportation, etc.), and making referrals to agencies providing services.15. Determining Good Cause for failing to participate.17. Reviewing, approving and imposing sanctions and sending notice of other participant status changes to the OFI eligibility unit.18. Developing resources to increase the amount, accessibility and quality of services for participants.10-144 C.M.R. ch. 607, § 2