(a)

1. (1) An act of noncompliance opens the initial sanction process.

2. (2) The sanction process is as follows:

   1. (A) Transitional employment assistance (TEA) benefits will be suspended for one (1) month;
   2. (B) If the participant fails to comply after the benefits have been suspended, the suspended payment will be lost;
   3. (C) In addition to losing the suspended payment, the monthly benefit amount will be reduced by twenty-five percent (25%) for up to three (3) months of noncompliance;
   4. (D)

(i) If the participant’s noncompliance continues after the fourth month, a second suspension period will be imposed for two (2) months.

1. (ii) The suspended benefits are at the full payment level;

   1. (E) If the participant fails to comply after the benefits have been suspended a second time, two (2) payments will be lost;
   2. (F) In addition to losing the suspended payments, the monthly benefit amount will be paid at the fifty percent (50%) reduced level for up to three (3) months; and
   3. (G) Case closure.

(b) Note. If during the suspension period or periods the participant becomes compliant within fifteen (15) business days of the suspension period and maintains compliance for two (2) weeks, the suspended TEA payment will be paid to the participant. Example: Suspend 1: If a participant fails to engage in their assigned activity during the month of May, a TEA-1 is sent on June 2. But the household does not make any contact before the end of the ten (10) days, so a TEA- 1421, Notice of Work Activity Non-Compliance Sanction, will need to be sent out on June 13. If the participant does not comply within fifteen (15) business days, the participant has lost that month’s assistance.

1. (c)
2. (1) Attempts will be made to complete a face-to-face meeting with the participant during the thirty (30) days of suspension.
3. (2) The purpose is to explain the reason for noncompliance, penalty, and to discuss what is necessary to be compliant.

4. (3)

   1. (A) If necessary to accomplish the face-to-face interview, a home visit will be completed during the thirty-day suspension unless compliance occurs.

   2. (B) The purpose of the home visit is to:

      1. (i) Counsel and encourage the participant to come into compliance; and
      2. (ii) Assess the safety and wellbeing of the children.

   3. (C) Forms TEA-1420, Sanction Documentation Checklist, and TEA-1422, Child Health and Safety Screening Checklist, will be completed during the home visit.

      1. (d) Note. The case will not be suspended or closed due to the noncompliance of a minor parent.

(e) Participant becomes compliant within the initial fifteen-business-day notice period. The two (2) suspended payments shall be released if the participant:

1. (1) Comes into compliance within fifteen (15) business days of the imposition of the infraction; and
2. (2) Complies for a period of two (2) consecutive weeks. Example 1: Suspend 2: A participant is put into Suspend 2 for June and July. The participant does not comply until the month of July, which is the second month of Suspend 2. Since the participant did not comply within the initial fifteen-day notice period or within the first suspension period, the participant will lose both months of payment. Example 2: Suspend 2: A participant is put into Suspend 2 for June and July. The participant comes into compliance during the month of June, which is the first month of Suspend 2. Since the participant complied within the first suspension period, the participant will receive both months of payment.

(f) Participant does not comply.

1. (1)

   1. (A) Participants shall lose the two (2) suspended payments at full grant amount and continue in noncompliance status at fifty percent (50%) for up to three (3) months.
   2. (B) After this noncompliance, the case will be closed.
2. (2) Note. Flow of noncompliance: Suspension 25% 25% 25% Suspension Suspension 50% 50% 50% Case Closure
3. (3) The participant will be sent an advance notice of closure via form TEA-1421, Notice of Work Activity Non-Compliance Sanction, if the decision has been made to close the case.
4. (4) If the participant appeals any of the sanction actions within ten (10) days of the date of the action, the TEA payment will be restored to the amount it was prior to that appeal pending the administrative hearing decision.
5. (5) If good cause is determined to exist at any time, the sanction will be lifted.

6. (6) Note.

   1. (A) If the noncomplying participant is the minor parent of one (1) or some of the children included in the case, the case will not be closed.
   2. (B) Refer to 20 CAR § 503-137.

(g) Home visits and contacts during the noncompliance sanction.

1. (1) The primary purpose of the home visit is to:

   1. (A) Discuss with the participant the importance of coming into compliance;
   2. (B) Encourage compliance;
   3. (C) Identify any previously unknown barriers; and
   4. (D) Complete a basic screening on the safety and wellbeing of the children.

2. (2) Thirty days after either suspension of benefits.

   1. (A)

      1. (i) During the thirty (30) days after suspension of benefits, the Department of Human Services shall make strong efforts to arrange a face-to-face meeting with the parent, including a home visit to the family if necessary.
      2. (ii) Note. A case will not be closed solely because a home visit could not be completed.

   2. (B)

      1. (i) Contact will be made with the participant during the thirty (30) days of suspension.
      2. (ii) This contact should preferably be a face-to-face contact in the office but may be made by phone or a visit to the family’s home.
   3. (C) If a deferral reason is established at any time during the infraction, the Program Eligibility Specialist will lift the sanction.

3. (3) Last month of noncompliance.

   1. (A)

      1. (i) A home visit will be completed.
      2. (ii) The purpose of this visit is to:

(b) (b) Discuss with the participant the importance of coming into compliance and that the next level of the sanction is case closure.

1. (B) A case will not be closed until:

   1. (i) A home visit has been completed; or

      1. (ii) Every attempt has been made to complete the visit.

   2. (C)

      1. (i) A case staffing will be completed during the last month of noncompliance.
      2. (ii) The case staffing will be completed whether or not the local office was successful in completing a home visit.

2. (4)

   1. (A) Since the time-limit clock continues to run during the noncompliance months, it is of the utmost importance for the Program Eligibility Specialist to attempt to contact and counsel the sanctioned participant during this time.
   2. (B) The purpose of the contact and counseling is to encourage and ultimately get the sanctioned participant into compliance and moving toward self-sufficiency before his or her sanction progresses further and the case is closed due to the sanction or reaching the time limit.

3. (5) During the home visits and contacts, the following items should be discussed with the sanctioned participant and documented on the TEA-1420, Sanction Documentation Checklist:

   1. (A) Emphasize that the time-limit clock continues to run even though the grant has been reduced and inform the participant of the number of months remaining in the time limit;
   2. (B) Assess how well the children’s basic needs are being met on the reduced payment;
   3. (C) Discuss any known problems or issues that are preventing the participant from complying and attempt to find solutions to those to encourage the participant to attempt compliance again, e.g., ongoing transportation or child care arrangement problems, learning disability, etc.;
   4. (D) Discuss any problems or issues that may not have been apparent previously that may be preventing the participant from complying, e.g., a domestic violence situation, substance abuse, etc.;
   5. (E) Discuss what actions the participant is taking on his or her own to ready the family for self-sufficiency when cash assistance is no longer available; and
   6. (F) Offer the participant the opportunity to come into compliance to have the sanction lifted.

4. (6)

   1. (A) Form TEA-1422, Child Health and Safety Screening Checklist, will also be completed documenting information regarding the health and safety of the children.
   2. (B) The case record will be clearly documented to reflect that the contacts were made or attempted.
   3. (C) If, at any time, the participant states his or her willingness to comply, the Program Eligibility Specialist will engage the participant in an appropriate activity.

(h) Lifting the sanction.

1. (1) Following the imposition of a noncompliance sanction, the sanction will be lifted when the participant:

   1. (A) Comes into compliance within fifteen (15) business days of the imposition of the infraction and complies for a period of two (2) consecutive weeks; or
   2. (B) Meets a deferral reason.
2. (2) Note. “Imposition of a noncompliance sanction” means the TEA payment was in suspension or reduced by twenty-five percent (25%), fifty percent (50%), or the case was closed.