M E M O R A N D U M
TO: EES Program Administrators
FROM: Jaime Rogers
SUBJECT: Implementation Instructions - KEESM Revision #59
This memo provides implementation instructions and information for the following July 1, 2013 policy changes in the Kansas Economic and Employment Services Manual (KEESM).
- Successful Families
- Felony Drug Convictions – See Summary of Change VI, A, 1, and KEESM 2183.
Any individual who receives a felony drug conviction after July 1, 2013 which includes an element of the offense of manufacture, cultivation, distribution, possession or use of a controlled substance or controlled substance analog from receiving TANF benefits for five years from the date of the conviction for a first offense. Subsequent felony convictions after July 1, 2013 results in a lifetime ban of TANF assistance for the individual.
The ES-3100 is being updated in the near future to include a question regarding felony drug convictions after July 1, 2013. Staff will need to explore where the conviction occurred and the date. Once verification is received the individual who has been convicted is to be coded DI on SEPA. Code PRAP 1F. This individual is not eligible to receive TANF assistance for five years from the date of the conviction.
Once the information is received, staff will need to enter the following information on INDA: Date of the first felony drug conviction after 7/1/13: MM/DD/YY. (It is very important to use this wording. As we move to convert to KEES, this will enable the information to be transferred to the new system without further work on staff’s part.)
The following notices have been created:
A117 – TANF Approval, Individual Disqualification, Felony Drug Conviction
A217 – TANF Denial, Felony Drug Conviction
A417 – TANF Closure, Felony Drug Conviction
A757 – TANF Change, FA Change, Felony Drug Conviction
- John reports on his review application that he has a felony drug conviction. When questioned further, John identifies the conviction was in January of 2012. Because this is a conviction prior to July 1, 2013, this conviction does not affect John’s eligibility. The following year John reports on his review application that he has a felony drug conviction. John was convicted on June 14 of 2014. Once this is verified, John becomes ineligible for five years from the date of the conviction through July of 2019. This is John’s first conviction after July 1, 2013. Code John DI on SEPA. Add 1F on PRAP at the person and case level. Add to INDA: Date of the first felony drug conviction after 7/1/13: 06/10/14. John’s children remain eligible for assistance up to the 48-month time limit.
- Candy has a drug related conviction on August 20, 2013. Giving timely and adequate notice, Candy is removed from the TANF case effective October 1, 2013. She is coded DI on SEPA and the 1F is coded at the person and case level on PRAP. Add the following to INDA: Date of the first felony drug conviction after 7/1/13: 08/20/13. In February, 2014, Candy receives a second drug felony conviction. Once verified, Candy is not eligible for TANF assistance in her lifetime. Candy remains DI on SEPA. PRAP is coded 2F. Add the following wording to INDA: Date of the second felony drug conviction after 7/1/13: 02/14/14. Candy’s children remain eligible for assistance up to the 48-month time limit.
- Sam applies for and is approved for TANF on 10/1/13. Sam states on his application that he has no felony drug convictions after 7/1/13. Information is received by the agency that Sam had received a felony drug possession conviction on September 3rd, 2013. Because Sam committed an intentional program violation, Sam will be pursued for fraud. Once fraud has been established, Sam and his household will be ineligible for TANF. Fraud carries a lifetime penalty.
Process For Placing Penalties – See Summary of Changes IV. B, 1 and KEESM 3500
Penalty determination and notification will now take place within 24 hours of non-cooperation. KSCARES WP notices have been revised to instruct the TANF recipient (client) to call prior to their appointment or assigned activity to change dates or times. If an appointment or assignment is missed without any contact from the client, the case manager will give the client 24 hours (or one business day if the appointment is on a Friday) to call in and report good cause. If the client fails to contact DCF, a penalty will be placed and penalty notification sent. Once the notification is sent, the penalty is set and cannot be rescinded without documentation and Supervisory approval. Good cause documentation is required to rescind a penalty, so after speaking with the client on the phone and requesting documentation, the worker will send a good cause request notice from the KSCARES system giving the client five (5) business days from the date of contact and verbal request to provide documentation. The worker must still give timely notice for any adverse action.
This process will apply to all appointments and activity assignments including orientations and assessments. If appropriate, the EES worker will be responsible to check with DSA advocates and PPS case managers to determine if there is a viable reason for a client missing the appointment. In offices where BPR teams and Work Program workers are specialized, the BPR team member will contact the WP worker immediately if they received such a call. It is equally important for the WP worker to check with the appropriate BPR team(s) to see if they have received a call from the client prior to setting the penalty.
- Client Calls Ahead of Time:
- Sally has an appointment for orientation on Tuesday at 9:00 AM. At 8:00 AM she calls the DCF office and tells the WP worker her child has a fever and she is taking him to the Drs. office for care. The WP worker sets a new time and date for the next orientation and sends the W001 appointment letter from KSCARES to track the appointment on the system. Sally does not have to provide documentation because she called in prior to her appointment.
- It is a month later, and Sally is scheduled to attend orientation at 9:00 AM. At 8:30 AM Sally calls the DCF office tells the WP worker her car has broken down and once again she is unable to attend orientation. At this point the WP worker may request good cause and gives Sally 5 business days to provide documentation from a mechanic that the car was not running that day. The WP worker will send a W106 Good Cause notice to document the request on system. Sally does not provide the documentation within 5 days so the WP worker determines a penalty will be placed. Since it is after adverse action deadline the penalty will go into effect the month following the next month.
- Client Misses Appointment:
- Ben was scheduled to attend Job Club for two Weeks. He attended the first three days and then was a no call/ no show the last two days of the first week. The provider advised the WP worker that Ben was in non-compliance. Neither the WP worker nor the provider received a call from Ben. The WP worker checked with PPS and DSA and did not find Ben to be engaged with either program. The WP worker checked with the BPR team(s) who had also not received a call. The WP worker set the penalty and sent the penalty notice. This was done prior to the Adverse Action date so Ben’s TANF closed the next month.
- Same scenario as (a), but Ben shows up for class the first day of the second week and tells the instructor he had a car wreck and was hospitalized Thursday, Friday and Saturday. The provider tells Ben to contact the WP worker, which Ben does immediately. The WP worker gives Ben five business days to provide good cause documentation and sends a W106 Good Cause notice to document the request on system. Ben hand delivers the hospital admissions records to the DCF office. The WP Worker reviews the document with the WP supervisor and they decide to rescind the penalty. The A601 notice is sent and the penalty code is removed from PRAP.
- Employment Services and Successful Families
KANSASWORKS/KEYTRAIN (KWK) – See Summary of Changes Section V. A. (1) and KEESM 1412.1, 2121, 2251, 2252, 2420, 3100, 3100.1, and 3130.2, 3300, 3310.1 and 3330.1.
A new eligibility requirement for TANF applicants is being implemented. The new process will require the applicant to have an active KansasWorks account and to complete at least one module of the ACT KeyTrain assessment in order to be eligible for TANF. See KEESM 2251 for Good Cause to not complete these requirements.
When the household applies for TANF benefits, all mandatory adults will be required to register on the KansasWorks employment site or reactivate their existing account. If an applicant has received Kansas unemployment benefits in the past they will have an existing account on KansasWorks that may or may not be active. If the applicant goes to the local Work Force center (WFC) to register for KansasWorks, depending on local area policies, registration for KansasWorks may include brief orientation on workforce information services.
The applicant may also log on to: https://www.kansasworks.com/ada/ to register on their home computer or in the DCF office and follow the prompts. If they have an inactive account, the system will recognize the social security number and advise the registrant to call 1-877-509-6757 to reactive the account. If they are already registered on KansasWorks and know their password they may print a copy of their KansasWorks home page to document their registration.
The EES worker will fill out a referral/turnaround form (ES-4418) and send electronically to the local WFC for the applicant to take at least one KeyTrain module. (See Attachment A for email URLs , offices requiring orientations and contact information for local WFCs) The worker will print a copy of the referral for the applicant to carry in when they go to the WFC to show at the receptionist’s desk. The applicant must contact the WFC to set an appointment for a KeyTrain assessment. Applicants who have not made contact with the WFC to set an appointment after seven (7) days of the emailed referral will be considered in non-compliance. Upon completion or failure of completion, the WFC will email the ES-4418 back to a dedicated Central Office email address. The Central Office email address is on the ES-4418. Central Office staff will monitor the referral numbers, the completions or failures to complete, and notify the appropriate EES supervisor or staff to process or deny the application accordingly. If the application is approved, client will be assigned to the Work Program case worker in the usual manner practiced by that office.
In the event that an application is dropped off or sent on-line, the EES worker will send the ES-4418 to the applicant and electronically to the local WFC. The WFC will allow 10 days for the applicant to contact their office for an appointment to allow for the mailing time. If there is no WFC located within 20 miles of the DCF service center, the DCF office will have access to the KeyTrain assessment and may administer modules to the applicants the same day as they come in to apply. A dedicated computer will be needed for the applicant to register for KansasWorks and to complete the KeyTrain module. Workers in these offices will be given access to KeyTrain and will be trained to proctor WorkKeys if the applicant is ready for a certification of Bronze or better. (See Attachment B for a flow chart of KWK process.)
When referring the applicant to the WFC for KWK, the EES worker will inform the applicant they may be eligible for child care while at the WFC or transportation allowance to get there. Transportation allowance would not apply in cases where the WFC and DCF were located in the same building unless the applicant would have to return on a different day to complete the KWK requirements. Should the applicant need child care or transportation allowance, the EES worker will open KSCARES and place the applicant into the KWK component on SESP. If the applicant is denied, then the KWK component must be end dated and the KSCARES case closed. If the case is approved, the recipient may stay in the KWK component and job search until they have their first meeting with the Work Program case worker.
Applicant Job search (AJS) is being removed as a component. Applicants should be encouraged to job search from date of application, but the contacts are not required to be submitted and verified as a condition of eligibility.
The Work Readiness Screen is no longer an eligibility requirement and is obsolete as of July 1, 2013.
After approval of TANF, clients should be instructed to continue in the job search activities. The JSR component will be used. The job contacts will be required to be submitted to their work program case manager.
Attachment A, Workforce Center contact information
Attachment B, Flow Chart for KansasWorks/ KeyTrain/Workkeys Process
ES-4418, KeyTrain Referral /Turnaround Form