1 non-compliance and sanctions agency for workforce innovation august 2007

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1 Non-Compliance and Sanctions Agency for Workforce Innovation August 2007

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Page 1: 1 Non-Compliance and Sanctions Agency for Workforce Innovation August 2007

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Non-Compliance and

Sanctions

Agency for Workforce Innovation

August 2007

Page 2: 1 Non-Compliance and Sanctions Agency for Workforce Innovation August 2007

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What is a Sanction?

Webster’s defines it as

Loss of reward

~OR~

Intervention connected to a violation of a law as means of enforcing the law

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What is a Sanction? What law is being enforced when we initiate the

counseling and penalty process?

Federal regulations – 45 CFR 261.13-.16

Florida Statutes section 414.065

Florida Administrative Code 65A-4.205

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What is a Sanction? Federal regulations state that cash must be

terminated or reduced

If the individual fails to comply with the signed IRP without good cause

If the individual refuses to comply with work requirements without good cause

http://www.gpoaccess.gov/cfr/index.html

Use this link for more information. Type 45 CFR 261 in the search box and click submit.

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What is a Sanction? Florida Statutes section 414.065

A reduction or termination of benefits as a result of a failure to comply or refusal to comply with work and alternative requirements

http://floridajobs.org/pdg/WT_StLegis.html

Use this link for more information. Click on Chapter 414

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What is a Sanction? The penalty process must be initiated

If an individual required to participate in the WT program fails to comply with Individual Responsibility or Alternative Plan requirements without good cause

If an individual required to participate in the WT program refuses to comply with work requirements without good cause

If an individual required to participate in the WT program fails to comply with work activity requirements without good cause

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What is a Sanction? A sanction is the result

of a participant’s Failure to comply with the

signed IRP

OR

Refusal to become fully engaged in work or alternative plan activities without good cause

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Accountability Cash assistance recipients referred to the

work program Are required to participate in work activities and/or

alternative plan activities Are engaged in a plan to

Meet goals Overcome barriers using work activities and

alternative plan requirements

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Accountability When we first begin to engage our

participant, we establish

Program requirements

Program opportunities

A plan that engages our participants in activities that will help them achieve their goals

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Accountability The sanction process actually begins

with accountability

When we begin to engage participants in the program

When we develop the IRP

When we hold participants accountable for completing steps towards self-sufficiency

When we hold participants accountable for not participating

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Accountability The signed IRP is a contract and/or agreement

It is designed to help the participant move towards Their goals

Employment

Self-sufficiency

The agreement between the participant and the career specialist must be reviewed for accountability

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The Result of not Holding Participants Accountable?

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Accountability Failure to hold

participants accountable with the signed IRP

~OR~

Refusal to fully engage the participant in work activities

May result in Time limits ending

before the family becomes self-sufficient

A negative impact on participation rate

~OR~ A federal penalty

against Florida

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Accountability

If the participant does not have good cause for not participating and the penalty process is not initiated, Florida may be penalized

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Accountability What are some key

accountability provisions?

Ensure participant knows about his or her requirements

Ensure participant has clear deadlines and objectives

Ensure participant reviews and signs the IRP with clear requirements and deadlines

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Accountability

How can a participant comply with the above requirements? What is the person supposed to do Monday? What is the countable activity? What document is supposed to be turned in?

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Accountability

When will it be determined the participant failed to meet this requirement?

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Accountability

General steps leads to confusion We should avoid general requirements that have

No clear daily requirements Vague direction No clear deadlines

Is this person supposed to get a job or participate in a countable activity?

What is the countable activity?

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Accountability

These steps have clear guidelines and deadlines that details the participant’s requirements

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Accountability

If the participant failed to complete any one of these steps, staff could provide a clear description of the failure and hold them accountable for the exact failure.

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Frequently Asked Question

The participant has not signed an IRP yet because (s)he missed the first appointment or orientation. Can we initiate the counseling process?

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Answer

Yes The sanction process is about

Engaging the participant Notifying the participant of his/her

rights and responsibilities Offering another opportunity to

participate Discovering if good cause exists Offering services that are needed

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Answer However, once a participant meets

with staff

A clear plan of action should be established

Clear assignment of activities should be put in writing

Clear deadlines should be put in writing

The information should be agreed on and signed by both parties

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The Sanction Process-First Failure The participant fails to comply for the first time

in 30 days The participant fails to comply with the signed IRP or

refuses to participate

Examples of failure include Failure to attend orientation

Failure to attend an appointment

Failure to attend work activity

Failure to turn in documentation

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The Sanction Process-First Failure Using the steps from earlier

The participant fails to comply with one of the requirements

The participant started class on April 2nd, but the participant does not attend class on April 4, 2007

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The Sanction Process-Failure The failure should be recognized immediately

We strive to recognize the failure within two working days after the date of the failure

If the failure is not noticed as soon as possible, it could have an impact on The participation rate

Accountability

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The Sanction Process-Failure How can we recognize a failure to

participate quickly

Create local processes

Enter information on calendar or through “To-Dos” to verify participation

The “To-Dos” should align with due dates and deadlines outlined in the steps on the IRP

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The Sanction Process-First Failure Contact worksite supervisors and teachers to

confirm attendance

Contact the participant regularly to encourage the participant to attend

Contact the participant regularly to resolve any problems or issues regarding work activity or alternative activity participation

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The Sanction Process-First Failure Upon discovering the failure

We must initiate the counseling process

Initiate the counseling process by entering the failure on the Alternative Plan Screen

Enter the exact failure

Enter the exact failure date

Mail the “Notice of Failure to Participate and Possible Sanction” (Form 2290)

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The Sanction Process-First Failure The counseling process

Counseling includes making an oral attempt to contact and counsel the participant regarding the failure

Enter the exact failure and exact failure date on the Alternative Plan screen

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The Sanction Process-Counseling

A ten-day counseling period starts once the failure letter is mailed

The counseling period is over when counseling occurs

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So what is the ten-day counseling period about?

Opening lines of communication

Discussing why the participant failed

Determining if good cause exists

Determining what services may be needed to bring them into compliance and prevent future failures

The Sanction Process-Counseling

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The Sanction Process-Counseling The ten-day period is

also about

Discussing program requirements

Updating the IRP

Ensuring the participant is going to comply

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What happens if the oral attempt is successful or the participant contacts the career specialist during the ten-day counseling period?

The Sanction Process-Counseling

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Find out if good cause exists for the failure If good cause exists, end the pre-penalty in the

OSST system with “good cause”

If good cause does not exist, do not end the pre-penalty in the OSST system, complete the counseling process

The Sanction Process-Counseling

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Discuss barriers to compliance If the individual needs support services, offer

assistance

Discuss professional behaviors Examples

If you are going to miss an appointment, class or other activity, please call me in advance

Not showing to work or failing to call an employer before missing work may lead to being dismissed or fired

The Sanction Process-Counseling

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Discuss program requirements

Examples

If you do not attend your activities, you cannot achieve your goals

If you are going to be absent, you will need to provide good cause

Discuss what the RWB considers good cause and if documentation is required

The Sanction Process-Counseling

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Assign an activity, due date and follow-up appointment Examples

Are you ready to go back to class? Please be at class at 9:00 AM tomorrow, Wednesday

September XX I need you to meet with me on Thursday at 9:00 AM to turn in

your time sheet Make sure your teacher signs your time sheet for Wednesday

attendance Bring the time sheet to your appointment on Thursday

The Sanction Process-Counseling

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Discuss what happens if (s)he does not comply again

Examples

If you do not attend class tomorrow or attend your appointment, your cash and food stamps may be closed. You will also lose your childcare

We do not want that to happen, so it is important to work with us and inform us in advance if you have to miss a class or appointment

If you have to miss class or an appointment, make sure you have a good reason and discuss that reason with me in advance or as soon as possible

The Sanction Process-Counseling

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Do’s

Use customer friendly language

Ask directly what kept the participant from participating

Tell the participant what is good cause and what is not good cause

Tell the participant about documentation requirements for good cause

The Sanction Process-Counseling

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Do’s

Set-up an activity

Establish a clear deadline

Discuss outcomes of not participating

Enter clear case notes

Don’t

Use terms like “2290” or “pre-penalty”

Leave a detailed message on a machine, with a friend or family member

The Sanction Process-Counseling

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The Sanction Process-Oral Contact The oral attempt could be a

phone call or other locally determined method

Document your attempt and the results in OSST by entering a case note

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The Sanction Process-First Failure If the participant does not contact the career center during

the counseling period and the oral contact is unsuccessful

Request the appropriate level sanction

Click on “Pre-Penalty Counseling” hyperlink in OSST on the Alternative Plan Page

This generates an alert to DCF to take action to impose the sanction

Do not mail the Notice of Failure to Demonstrate Satisfactory Compliance, AWI WTP 2292

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The Sanction Process-First Failure The participant contacts the career center during

the counseling period or the oral contact is successful

Determine if the participant had good cause for the failure

If good cause exists, end the “pre-penalty” with “good cause”

Enter a case note

The counseling period of ten days is over

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The Sanction Process –First Failure If good cause does not exist or is not accepted

Counsel the participant regarding his or her failure

Discuss barriers to participation

Refer for services

Explain consequences of noncompliance and failure to “Demonstrate Satisfactory Compliance”

Enter clear case notes

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The Sanction Process –First Failure

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After First Failure and Counseling Participant complies

End the pre-penalty with “complied”

Use the date the participant agreed to comply

Make sure the IRP is updated

Enter clear case notes

Participant does not comply

This is the second failure

Wait three days for good cause

Enter a sanction if good cause is not provided

Enter clear case notes

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The Sanction Process –Second Failure

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The Sanction Process-Second Failure Two failures within 30 days

What if the participant fails to complete an activity after the pre-penalty is lifted with “complied”?

Ensure the second failure is within 30 days of the first failure

Allow three working days for good cause

If good cause exists, do not request sanction

If good cause is not provided or not accepted, request sanction and mail the AWI WTP 2292

Enter clear case notes

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Sanction Levels Sanction level should be entered based on

sanction history

Review Alternative Plan screen for previous sanctions

Look at latest sanction level

Review for six months of compliance since latest sanction

If six months of compliance exists, start at level one

If six months of compliance does not exist, request the next level sanction

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Frequently Asked Question

When requesting a sanction on a member of a two-parent family, how do you determine what level you should request?

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Answer The sanction is attached to

the individual Even though the sanction will

affect the entire family

If the last sanction requested was a level 2 and the individual has not complied for a minimum of six months since the last compliance, a level 3 sanction must be requested

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Good Cause Good cause for a failure to participate must be

documented clearly in the case notes

Good cause must be documented according to local operating procedures

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Good Cause There are a lot of good excuses

Only some will qualify as “good cause” for missing activities

The RWB determines good cause

If your RWB has not given you a clear good cause policy, please ask for one

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Good Cause The RWB should require documentation for

certain good causes

Ongoing medical incapacity or limits

Missing an activity due to a court appointment

Missing an activity due to school conference

Etc.

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Good Cause There are short term “good cause” reasons for

missing activities

Court appointment

School conference

Flu

Minor surgery

Storms

Etc.

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Good Cause There are also long-term reasons for missing

activities

Permanent or long-term medical issue

In-patient treatment

Inability to find adequate childcare that is within a reasonable distance and at a reasonable cost

Domestic violence

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Pop Quiz What are three

populations that a sanction should not be requested on

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Answer

1. Applicants

2. Transitional Participants

3. Single parents with a child under the age of six that have demonstrated an inability to secure adequate and reasonable childcare

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Frequently Asked QuestionScenario

A first failure occurs

During the “Pre-Penalty process”, the individual complies

The pre-penalty is ended with “complied”

A second failure occurs

The individual provides good cause for the second failure

Should the “Request Penalty” link be ended with “good cause”?

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Frequently Asked Question No

The good cause applies to the second failure not the original failure

The 30-day period continues

If a subsequent failure occurs (before the 30 days expire), the individual must provide good cause within three working days

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Penalty Levels Request date should always be the date you

request the sanction Lift date for good cause should be the same as

the request date Lift date for compliance

Level one—the date the individual agreed to comply, after complying

Level two and three—the date the individual agreed to comply after complying

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Sanctions- Do's and Don'ts Do not lift a sanction because you thought

the individual was going to comply

Do not lift a pre-penalty because the participant wants to comply or agrees to comply

Do request sanctions timely

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Forgiveness Policy Prior sanctions are

forgiven if participant is compliant for six months (or longer) after a sanction is lifted due to compliance

Begins with a clean slate

Applies only to Cash Sanctions; Does Not Apply to Food Stamps

Prior Sanctions Prior Sanctions ForgivenForgiven

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Would You Accept Good Cause? Good cause is submitted after a sanction is

imposed

First determine if the participant had good cause for not responding to the 2290 within ten days or within three working days of the second failure

If the good cause is accepted, lift date should be the same as the request date

Ending the sanction with good cause means the sanction should not have been requested and participant should not lose any amount of cash assistance

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Would You Accept This as Good Cause?

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Sanctions-Support Services If complying to have the sanction lifted, applicant

support services may be provided

Childcare

Transportation

Not eligible for transitional services

The participant may receive temporary support services to comply and have the sanction removed but would not be eligible for transitional support services upon removal of the sanction

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Requesting a Sanction-Closed Cash If an individual is non-compliant during a month

that TCA is received, and a sanction is appropriate, the sanction should be requested even if DCF has already closed their case

Unless the case was closed due to becoming exempt

Unless the case was closed due to earnings

DCF will be posting sanctions to closed cases

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Remember Accountability is the critical element of both

engagement and the sanction process

Establish clear requirements

Hold participant accountable for failures

Reward them for successes

Use customer-friendly language No case manager “jargon”

Avoid terms like “2290” and “pre-sanction”

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If you have any questions, comments or concerns, please contact

The Welfare Transition Team through the Agency for Workforce Innovation’s

Call Center 1-866-352-2345

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.