STATE DEPARTMENT FOR CHILDREN                6/30/15
AND FAMILIES                                             
Family Services
DCF Administration Building
555 S. Kansas Ave., 6th Floor
Topeka, KS 66603

To:

Regional Directors
Economic and Employment Services Program Administrators
Economic and Employment Services Staff                                
KDHE-HCF Staff, including the KanCare Clearinghouse
Prevention and Protection Services Administrators
Other Staff

Re:

Summary of Changes for Kansas Economic and Employment Services Manual (KEESM) Revision No. 73 effective July 1, 2015

OVERVIEW OF CHANGES

A brief overview of the major changes is described below. Other clarifications and technical corrections are also included and described in the next section. Additional technical corrections not mentioned here are being incorporated in KEESM as needed.

All Cash, Child Care and Food Assistance Programs – Household resources will now include vehicles if not exempt.

The term "Central Office," where referring to current EES Central Office, is being changed to "EES Administration" throughout. Where "Central Office" refers to the legal department or a different agency, the term remains the same.

Child Care – A resource limit of $1 million is being set for the Child Care Assistance program based on new program requirements set by the November 2014 CCDBG reauthorization.

Child Care Providers – The Child Care and Development Block Grant (CCDBG) Act of 2014 was signed into law on Nov. 19, 2014. In order to be in compliance with additional Child Care Provider requirements effective Nov. 1, 2016, enrollment policies regarding in-home providers have been changed to reflect that all in-home providers must be related to the child. The relationship criteria are the same as those required for the out-of-home relative provider. In-home providers are now in-home relative providers. The implementation memo explains how this change will be rolled out for existing and new in-home providers.

Food Assistance – Eligibility requirements are changing for individuals convicted of a drug felony on or after July1, 2015. Cooperation with Child Support Services (CSS) is now mandatory for Food Assistance unless good cause is found.

Successful Families – TANF is now time-limited to 36 months. Hardship provisions allow households to remain eligible for 48 months.

The implementation memo explains how this new time limit will be rolled out for existing households with more than 30 months of TANF assistance. The definition of fraud is being changed to remove the misuse of TANF cash assistance.

The "Money Payment" section is being expanded to include prohibited purchases and locations for TANF cash assistance, ATM withdrawal limitations and prohibited usage of points of sale outside of Kansas.

DESCRIPTION, PURPOSE, AND DETAILS OF POLICY CHANGE

  1. All Cash, Child Care and Food Assistance Programs

    1. Changes

      1. Vehicle Resources – KEESM sections 5000, 5510, and 5521 are being changed to reflect the new vehicle exemption policy. Vehicles will now be countable as a resource unless otherwise exempt. One vehicle per adult in the household will be exempt as a resource; other exemptions are also listed in this change.

    2. Clarifications

      None

  2. Child Care

    1. Changes

      1. Maximum Allowable Resource Limits – KEESM 5100 is being modified to add a section (5140) for Child Care. Effective July 1, 2015, the maximum allowable non-exempt resources of a family group receiving Child Care is $1 million dollars. The resource limit will apply to all Child Care cases except those in which the only children receiving Child Care Assistance are also receiving TANF or SSI.

      2. Households Required to Change Report – KEESM 9121 is being modified to reflect the addition of the $1 million resource limit for child care, requiring households to report when their resources exceed $1 million.

      3. Mandatory Verification That Affects Eligibility for Program Benefits – KEESM 1322.1 is being changed to reflect the addition of the child care program to the provisions regarding verification of resources.

    2. Clarifications

      None

  3. Child Care Providers

    1. Changes

      1. In-home Providers – KEESM 10022, 10033, 10035, 10036, 10036.1, 10036.2, 10037.1 (1)(e), and 10270 are being revised to incorporate the change from in-home providers to in-home relative providers.

      2. DCF Child Care Provider Agreement – KEESM 10031 (1) is being updated to reflect that ALL provider agreements have an end date.

      3. Background Checks – KEESM 10031 (6) is being updated to reflect that background checks will be completed at application and review.



      4. Provider Audits – KEESM 10035 is being updated to reflect that requests for provider audits are no longer sent to the DCF Administration Unit.

      5. In-home Relative Applications – KEESM 10036.2 is being updated to reflect that the application is no longer completed with the parent.

      6. Mandated Reporter – KEESM 10034 is being updated to reflect that all child care providers are mandated reporters.



    2. Clarifications

      None


  4. Food Assistance

    1. Changes

      1. Drug Felony Conviction – KEESM sections 2184, 4212.3(4), is being added for new drug felon eligibility requirements for Food Assistance. An individual who is convicted of a drug-related felony on or after July 1, 2015, will be ineligible for Food Assistance benefits. To regain eligibility the individual must participate in an approved drug treatment program and submit to and pass approved drug testing. If a second drug felony conviction occurs after July 1, 2015, the individual will be ineligible for Food Assistance for their lifetime.

      2. Child Support Referral – KEESM sections 2160, 2162, 2163, 2164, 2165, 2167, 2168, 4212 are being changed to reflect that for Food Assistance, cooperation with CSS is required of custodial natural or adoptive parents who live with their child(ren) and there is a parent absent from the home. It also applies to other relatives to the fifth degree of kinship who are living with and exercising parental control over a child under the age of 18, with a parent absent from the home. Cooperation to establish paternity is also required. If failure to cooperate with CSS without good cause is found, the individual shall be ineligible for Food Assistance until the individual cooperates with CSS.

    2. Clarifications

      None

  5. Successful Families

    1. Changes

      1. 36 Month Time Limit – KEESM 1111 (1)(a)(2), 1118, 1412.3, 2240, and 2241 are being revised to incorporate the change in TANF time limits to 36 months, or if meeting a hardship criteria to 48 months. ES-3102 and ES-3102S have also been updated with this change.

      2. Definition of Fraud –11210 is removing the misuse of TANF cash assistance in the definition of fraud.

      3. Money Payments – 1511.1 is being written to include additional wording on exclusions for the use of TANF cash assistance. The list of ways that are considered the misuse of TANF cash assistance have been changed to include the purchase of alcohol, cigarettes, tobacco products, lottery tickets, sexually oriented adult materials, concert tickets, professional or collegiate sporting event tickets or tickets for other entertainment events intended for the general public. The list is also expanded to include using TANF cash assistance in any retail liquor store, casino, gaming establishment, jewelry store, tattoo parlor, massage parlor, body piercing parlor, spa, nail salon, lingerie shop, tobacco paraphernalia store, vapor cigarette store, psychic or fortune telling business, bail bond company, video arcade, movie theater, swimming pool, cruise ship, theme park, dog or horse racing facility, pari-mutuel facility, or sexually oriented business or any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, or in any business or retail establishment where minors under age 18 are not permitted. The money section will also include a statement that TANF cash assistance withdrawals from ATMs can be limited in amount and frequency and the restriction of TANF from being used at points of sale devices outside Kansas.

    2. Clarifications

      None


  6. Successful Families and Child Care

    1. Changes

      None


    2. Clarifications

      1. TANF and Child Care Penalties – 11221.2 is being updated to clarify that the adults who are determined to be ineligible are those in the TANF or Child Care household, as determined by assistance planning rules and would not always include all adults in the physical household.

  7. Successful Families and Employment Services

    1. Changes

      1. 36 Month Time Limit – KEESM 2243.1, 2243.2, 2260.12, 3310.4, and 3410 are being revised to reflect the new 36-month time limit for TANF and possible extension to 48 months if a hardship is allowed. KEESM 2242 is being revised to incorporate the TANF time limits change to 36 months and indicates that the agency protocol for clients participating in work programs needs completed by the 12th month of TANF assistance. 3130 and 3130.2 reflect the new 36-month time limit and include details that all additional assessments or hardship determinations should be initiated no later than the 8th month of assistance and must be completed by the 12th month of assistance. 3220 (4) was updated to reflect that when any adult in the TANF assistance plan has received 24 months of TANF, the child under 2-month employment services exemption cannot be used. E-4 and ES-4305 have also been updated to reflect the new time limits.

    2. Clarifications

      None

FORMS (Explanation provided if not mentioned previously in this summary.)

  1. All Programs

    ES-3100, Application for Benefits for Families and ES-3100R, Review Form. These are being updated with information and questions related to new July 2015 policies.

  2. Food Assistance

    ES-4307, Penalty Tracking Sheet

  3. Successful Families and Employment Services

    ES-3102 and ES-3102S, Important Information About Cooperation With Work Program

    ES-4106, Voluntary TANF Diversion Agreement And Corresponding Waiver Of TANF Eligibility: This document has been changed to reflect the diversion will reduce the available TANF limit to 30 months, as implied by the KEESM 1118 statement that receipt of the diversion payment reduces the TANF Life-Time limit by six months.

    ES-4305, TANF Sample Case Review Guides

APPENDIX (Explanation provided if not mentioned previously in this summary.)

  1. Child Care

    C-11, The Parent-Provider Partnership Handbook (ES-1656)

    C-14, In-Home Child Care Request (ES-1652)

  2. Food Assistance

    P-4, Kelley Bluebook instructions

  3. Successful Families and Employment Services

    E-4, TANF 36-month Limit Questions: Name change from TANF 48-month Limit Questions

    E-6, Self-Assessment Form: This document was previously updated and will be linked in the July 2015 Appendix.

    E-25, State Work Program Orientation: Slide #3 of the PowerPoint is being updated to reflect the change in the lifetime limit for TANF.

MISCELLANEOUS FORMS (Explanation provided if not mentioned previously in this summary.)

None

EFFECTIVE DATE

All policies in this revision are effective July 1, 2015. Additional information is being included in the implementation memo.

EFFECT ON LOCAL STAFF (No significant effect if not explained below.)

MATERIALS OBSOLETED BY THIS REVISION

None

COORDINATION EFFORTS

This change was coordinated with staff in Economic and Employment Services, Executive leadership, and the EES Program Administrators.

Sincerely,
Sandra Kimmons, EES Director
Economic and Employment Services
SK:am


Page Last Updated: 7/1/15 8:00 AM