16 Del. Admin. Code § 3000-3010

Current through Register Vol. 28, No. 4, October 1, 2024

Section 3000-3010 - Requiring Participation and Cooperation in Developing the CMR

Participating and cooperating with DSS in developing the CMR is a required CMR element for all TANF clients.

1. TANF clients are required to develop a CMR in collaboration with their DSS case workers. Compliance with developing the CMR applies to all TANF cases.

2. DSS case workers will discuss the CMR elements with clients and assist clients in developing and customizing the CMR.

A. DSS will give clients the opportunity to mutually develop their CMRs.

B. CMRs will include requirements for self-sufficiency, enhanced family planning, and teen responsibility.

C. Prior to signing the CMR, DSS will give clients the opportunity to understand the CMR and its requirements. Upon request, DSS will give clients a copy of the proposed CMR to review outside of the DSS office; this should not be considered non-cooperation.

D. Clients may object to certain elements of the CMR. Clients are to present any objections at the time of the initial CMR development or CMR revision.

E. On a case by case basis, DSS may waive elements of the CMR if good cause exists. If the particular circumstances of a family warrant waiving an element of the CMR, the case worker must justify and properly document the waiver in the client's case record.

F. DSS has the final determination of what elements are required in each client's CMR.

3. Failure to comply (without good cause) in developing the CMR will result in a sanction to the TANF case.

A. The sanction will be an initial $50.00 reduction in the household's TANF benefit amount.

i. If the client is actively negotiating the terms of the CMR or reviewing the CMR outside of the DSS office, DSS will not impose the $50.00 penalty. DSS must allow clients up to 10 days to reach a resolution or to complete contract review.

ii. DSS will consider clients who have not returned their CMRs within 10 days as non-compliant and subject to the $50.00 penalty.

B. This reduction increases each month by $50.00 until there is compliance or the TANF case is closed.

C. The client will receive written notification of compliance requirements.

D. The sanction will end when DSS receives proof that the client completed the development of the CMR.

3010.1 Penalties for Not Cooperating in Development of CMR

Repealed

3010.2 Contract of Mutual Responsibility and Domestic Violence Screenings

3010.2.1 Family Development Profile The Family Development Profile is an assessment tool used to identify possible social, family and emotional barriers to self-sufficiency as they affect an individual's ability to obtain and retain employment. The Family Development Profile covers issues of self-esteem, health and family relationships. This tool is designed to surface those issues which, when resolved, will increase the participant's ability to become truly self-sufficient. This assessment tool is a mandatory assessment tool for all adult and teen TANF recipients.

10 DE Reg. 706 (10/01/06)

3010.2.2 Domestic Violence One of the issues which may pose a challenge to individuals and families becoming self-sufficient is domestic violence. Domestic violence is a pattern of abusive behavior that happens between two people in an adult relationship. Stress, family history of abuse, drug use and alcohol use may be contributing factors in a domestic violence situation. Delaware is committed to assisting victims of domestic violence to overcome circumstances which place them in physical, emotional and/or financial jeopardy. This assistance includes aiding the victims in seeking redress and a safe environment for their families. Additionally, on a case-by-case basis, Contract of Mutual Responsibility requirements may be waived if it is determined that by complying with the requirements it would be more difficult for the individual and the family to escape and/or remain safe from the violence. This determination will be made in conjunction with input and information from the domestic violence victim.

3010.2.3 Definition Domestic violence occurs when one spouse, domestic partner or significant other tries to maintain power and control over the other person. The perpetrator of the violence may use physical, verbal or sexual violence to maintain power and control over the victim. Although domestic violence can happen to anyone, most victims are women. Therefore, we will use feminine pronouns. The following acts perpetrated by a current or former intimate partner, relative or household member shall be considered to be domestic violence:

*	physical acts that resulted in, or threatened to result in, physical injury;

*	being forced to engage in nonconsensual sexual acts or activities;

*	threats of, or attempts at, physical or sexual abuse;

*	mental or emotional abuse;

*	neglect or deprivation of medical care; or

*

stalking.

Examples of domestic violence situations are:

*	Please note that this is not an all encompassing list, but some examples to give you an idea of how domestic violence may look.

*	A husband who cuts up his wife's clothing so she has nothing to wear to work; or

*	A partner who constantly tells his partner that she is worthless or calls her names in private or public; or

*	A partner who has to know her partner's every movement and gets furious for not knowing those movements; or

*	A partner who doesn't allow his partner to go out without him; or

A partner who constantly calls or shows up at his partners job to interfere with her work.

3010.2.4 Domestic Violence Determination DSS shall consider any evidence that is relevant to the domestic violence claim. This is to include a victim's significantly reduced capacity to care for herself or her child, or significantly reduced capacity to perform essential activities of daily living. DSS shall determine what evidence is credible and the weight to be given to that evidence. Evidence can be, but is not limited to:

*	court, criminal, law enforcement or Division of Family Services records;

*	medical or, psychological records;

*	protection from abuse order;

*	indication that the person has taken legal action to end the domestic violence;

*	evidence that she has taken refuge in a shelter or similar safe haven;

*	photographs of injuries; or

*	a statement from a domestic violence service agency documenting the claim.

3010.2.5 CMR Requirements DSS may waive certain CMR requirements when complying with those requirements would make it more difficult for the individual and family to escape and/or remain safe from the violence. For clients who are not active with a domestic violence agency, DSS will refer the client to a domestic violence agency. DSS will allow the client 10 days to contact the agency. During this time, DSS will suspend CMR requirements. If the client does not go to the domestic violence agency or the domestic violence agency determines that the client is not a victim of domestic violence, then the client will be subject to the usual CMR requirements. If the client goes to the domestic violence agency and the domestic violence agency determines that the client is a victim of domestic violence, then the CMR requirements will be developed by DSS, the client and the domestic violence agency. Any CMR requirement could be waived based on information from the domestic violence agency. Exemptions from the CMR requirements can be made up to a maximum of six months at a time. The number of months of exemption will be based on input from the victim and the domestic violence agency. Exemptions will be re-evaluated during the final month they are in effect. Continuance or non-continuance of the exemptions will again be based on input from the domestic violence agency and the client.

3010.2.6 Children's Program When employment and training client responsibilities are waived, then the family will be placed in the Children's Program and be exempt from the time limit requirements. This exemption from the time limits will be in place for as long as the employment and training client responsibilities are waived. (See DSSM 3001)

16 Del. Admin. Code § 3000-3010

14 DE Reg. 304 (10/01/10)
23 DE Reg. 63( 7/1/2019) (Final)