Current through Register Vol. 54, No. 49, December 7, 2024
(a)General. It is essential that workers responsible for the client's initial contact with the Department be familiar with Department policies and recognize the need to effectively carry out their tasks in accomplishing the purposes of the system described here and in Chapter 101 (relating to general provisions).(b)Prohibited practices in determining eligibility. Procedure prohibited in determining eligibility are as follows:(1) The standards set forth in this section apply in determining initial and continued eligibility. They reflect basic principles concerning the rights and responsibilities of individuals and governmental agencies in a democracy. They are necessary to insure that the basic rights of an individual are respected and protected during the process of determining eligibility for public assistance, and to inspire public confidence in the agency and its services.(2) The initial or continued eligibility of a person will be determined in a manner consistent with his rights under the Constitution, the Social Security Act (42 U.S.C.A. §§ 301-1397f), Title VI of the Civil Rights Act of 1964 ( 42 U.S.C.A. §§ 2000e-2000e-8 ), and State statute. Every practice must respect the individual's right to privacy and personal dignity and conform in every way with due process of law. Any practice that violates any of his rights or subjects him to harassment or infringes on his civil liberties is forbidden. Any practices that violate personal dignity or privacy, constitute harassment of the individual, or violate his personal rights are prohibited. As a matter of courtesy and effective administration, an individual should receive prior notice, whenever practical, of a planned visit.(3) To illustrate, the following practices are prohibited: (i) Entering a home by force, or without permission, or under false pretenses.(ii) Searching in the home, rooms, closets, drawers or papers, to seek clues for example to possible deception.(iii) Questioning based on a presumption of guilt.(iv) Except for emergencies of the client, making home visits outside of working hours and especially during sleeping hours, generally 10 p.m. to 7 a.m., unless arranged for by appointment. This section cited in 55 Pa. Code § 105.3 (relating to requirements).