208-00-14 Ark. Code R. § 2

Current through Register Vol. 49, No. 4, April, 2024
Rule 208.00.14-002 - Temporary Assistance for Needy Families Program - Amending State Plan for Title IV-A

Summary of Change

This amendment is being made for Federal compliance with Sections 402, 408(a), and 409 of the Social Security Act. The amendment adds a section regarding Statutory Rape Prevention and Education to the TANF State Plan (Section 8.3 ) as requested by Federal Government.

8.3Plan to Reduce Unwed Births and Teenage Pregnancy Introduction

Unmarried birth prevention should be viewed as a process, not a program, involving multiple strategies and multiple agencies in a sustained effort. The rise in unwed births is an urgent social problem that resists easy solutions. Arkansas' approach is multifaceted with four major components:

* Abstinence programs using funding in the welfare reform act

* Improve access to family planning services statewide

* Community-based efforts in targeted counties

* Two state level steering committees to coordinate the efforts

Abstinence Programs

Arkansas Act 1705 required the establishment of the Community Investment Initiative to provide services to children, adults, families, and parents.

The TANF-funded Community Investment Initiative includes a component designed to improve outcomes for youth. These outcomes include reducing risky behaviors such as sexual activities, drug use, and criminal behavior.

Partnerships are formalized with community and faith-based organizations through the award of TANF-funded contracts on an annual basis.

These community partnerships recognize the reduction of out-of-wedlock births as a priority and have developed programs that include strategies to enhance educational attainment, reduce teenage pregnancies, and reduce the incidence of criminal behaviors by participating youth.

Services offered by providers meet TANF Goal 3, to prevent and reduce the incidence of out-of-wedlock pregnancies by providing prevention and intervention programs for students who live in poor communities and/or show evidence of academic underperformance, dropping out, or engaging in negative behaviors that can lead to dependency, out-of-wedlock births, or imprisonment.

Improved Access to Familv Planning Services

Arkansas Act 1705 required the establishment of the Community Investment Initiative to provide services to children, adults, families, and parents. The TANF-funded Community Investment Initiative is includes components designed to improve parenting and family functioning through services and support to parents, children, and to families. Additionally, this initiative addresses improving marriage and relationship skills among youth and engaged and married couples.

Partnerships are formalized with community and faith-based organizations through the award of TANF-funded contracts on an annual basis.

Services offered by providers meet TANF Goal 4, to encourage the formation and maintenance of two-parent families.

These community partnerships recognize the importance of both family planning as well as enhanced family functioning.

Education and Training on Rape Prevention

The Arkansas Commission on Child Abuse, Rape, and Domestic Violence (ACCARDV) of the University of Arkansas for Medical Sciences (UAMS) and the Arkansas Department of Health (ADH) is authorized to allocate and administer funds for Sexual Violence Prevention and Education through a cooperative agreement with the Centers for Disease Control and Prevention (CDC).

These funds strengthen sexual violence prevention and education efforts through the provision of grants to community-based organizations to provide comprehensive sexual violence primary prevention aimed at preventing the initial occurrence of sexual violence.

Currently, there are eight (8) programs funded across the state. These contracts solicit the assistance of community organizations to provide sexual violence prevention and education to youth, at-risk youth, and adults. These programs are designed to change attitudes, beliefs, and behaviors that allow sexual violence to occur.

Educational programs are available to specific populations, including males, Hispanics, African Americans, and persons with disabilities.

Statutory Rape Prevention and Education

In Arkansas, a person commits rape if he or she engages in Sexual Intercourse or Deviate Sexual activity with another person:

1. By forcible compulsion; or
2. Who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated; or
3. Who is less than 14 years of age; or actor is more than 3 years older than victim
4. Who is less than 18 years of age, and the actor is
a. The victim's guardian
b. Uncle, aunt, grandparent, step-grandparent, grandparent by adoption
c. Brother, sister or the whole or half-blood or by adoption
d. Nephew, niece or first cousin

The Arkansas Commission on Child Abuse, Rape, and Domestic Violence serves as the lead entity in administering an educational and training effort to increase the awareness sexual abuse, including statutory rape.

In 2007, the Arkansas Sexual Violence Primary Prevention Comprehensive Planning Team was formed by the Arkansas Commission on Child Abuse, Rape and Domestic Violence and the Arkansas Department of Health through the Center for Disease Control (CDC) and Injury Prevention's Rape Prevention and Education (RPE) Cooperative Agreement. The planning team conducted a comprehensive assessment of sexual violence prevention efforts in the state to articulate a vision and broad goals for Rape Prevention in Arkansas.

Additionally, each year the Centers for Disease Control provides funds to the state for Rape Prevention Activities through which the Commission awards contracts to local entities across the state to provide sexual violence, including statutory rape, training.

The Department of Human Services and Arkansas State Police maintain a contractual agreement that jointly maintains the Family Protection Unit, now known as the Crimes Against Children Division (CACD). The CACD is composed of two sections:

1) the Child Abuse Hotline, and
2) specially-trained civilian and law enforcement officials who assess child maltreatment reports. Again, these child maltreatment assessments include sexual abuse (statutory rape) reports. The CADC maintains an around-the-clock statewide intake process (Child Abuse Hotline) for accepting reports of alleged child maltreatment.

Finally, the Arkansas Commission on Law Enforcement Standards and Training requires all law enforcement officers to complete a minimum of twenty (20) hours of training concerning sexual assaults as a part of the basic police training course curriculum.

State Steering Committees

Separate Steering Committees are currently in place to provide input and direct the State's Abstinence and Unwed Birth Prevention initiatives.

The Governor's Abstinence Education Steering Committee, composed of ten members appointed by the Governor, was established by Executive Order of the Governor. This committee provides input regarding abstinence education programs on a statewide basis.

The Unwed Birth Prevention Steering Committee is a legislatively appointed committee of twenty members. This committee provides oversight and makes recommendations regarding the Unwed Birth Prevention Program.

Section 9GENERAL PROGRAM ADMINISTRATIONS
9.1Nondiscrimination

In accordance with Transitional Employment Assistance (TEA) Policy 2002, no person shall be prevented from participation, be denied benefits or be subject to discrimination on the basis of age, religion, disability, political affiliation, veteran status, sex, race, color, or national origin. The Department will comply with the provisions of the Civil Rights Act of 1964.

The Department has the responsibility of informing applicants and recipients that assistance is provided on a nondiscriminatory basis and of their right to file a complaint with the agency or federal government if they think that discrimination has occurred on the basis of age, religion, disability, political affiliation, veteran status, sex, race, color, or national origin.

9.2 Safeguarding Information

It is unlawful, except for purposes directly connected with the administration of the Transitional Employment Assistance program, for any person or persons to solicit, disclose, receive, make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of, any list of names, of or any information concerning persons applying for or receiving such assistance. This includes information from the records, papers, files or communications of the State or Local or County Office; or information acquired in the course

208.00.14 Ark. Code R. § 002

4/9/2014